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2025 DAILYLAW 24847 (AP)

MANTHENA RAMAKRISHNAM RAJU v. THE EASTERN POWER DISTRIBUTION COMPANY OF AP

WP/17651/2025 · 2025-07-27

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010351612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17651 OF 2025 Between: 1.MANTHENA RAMAKRISHNAM RAJU, S/O LATE PADMANABHA RAJU, AGED ABOUT 42 YEARS, OCC AGRICULTURE, R/O 1-41, RAJUPALEM VILLAGE, MUMMIDIVARAM MANDAL DR. B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1.THE EASTERN POWER DISTRIBUTION COMPANY OF AP, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, VISAKHAPATNAM. 2.THE DISTRICT COLLECTOR AND CHAIRPERSON, FRESH WATER AQUACULTURE, DISTRICT LEVEL COMMITTEE, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 3.THE SUPERINTENDENT ENGINEEROPERATIONS, A.P.E.P.D.C.L, AMALAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 4.THE EXECUTIVE ENGINEER OPERATIONS, A.P.E.P.D.C.L, AMALAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 5.THE ASSISTANT ENGINEER, A.P.E.P.D.C.L(OPERATIONS), MUMMIDIVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 6.THE DISTRICT FISHERIES OFFICER, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 2 ...RESPONDENT(S): Counsel for the Petitioner: 1.T V JAGGI REDDY Counsel for the Respondent(S): 1.GP FOR FISHERIES 2. The Court made the following ORAL ORDER: Heard Sri K. Satyanandam, Ld. Counsel appearing on behalf of Sri T.V. Jagga Reddy, Ld. Counsel for the Writ Petitioner and Ms. K. Aiswarya Chowdary, Ld. Counsel appearing on behalf of Sri V.V.Satish, Ld. Standing Counsel for the APEPDCL. 2. The present Writ Petition is filed seeking the following relief: “Hence, it is humbly prayed that this Hon’ble Court may be pleased to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the letter vide proceedings Lr.No.AE/OS/MMD/ FNo./D.No.218/25, dt.8-7-2025 issued by the 5th respondent to disconnect my electrical connection bearing SC No. number 1413280365000452 (11 LTAgricultural- Aquaculture), to fish tanks in S.No. 639-2, 638-9, 614-3, 638-5 and 697-3 of Rajupalem Village, Mummidivaram Mandal, Dr. B.R. Ambedkar Konaseema District, is illegal, arbitrary, against the principles of Natural Justice, contrary to the provisions of The Electricity Act, 2003 and the regulations made their under and Articles 14, 19(g) of the Constitution of India and consequently set aside the letter vide proceedings Lr.No.AE/OS/MMD/ FNo./D.No.218/25, dt.8-7-2025 issued by the 5th respondent, by also directing the respondents not to disconnect electrical connection SC No. 1413280365000452 stated supra and pass such other order or orders as are deemed fit and proper.” 3 3. Vide interim Order dated 11.07.2025, my predecessor, having noted the preliminary facts, was pleased to direct the Respondents not to initiate any coercive steps. 4. It is also noted in the earlier Order that the impugned Notice does not indicate any provision of law, which is a violation of the General Terms and Conditions of Supply of Distribution and Retail Supply Licensees. 5. The impugned Order would clearly indicate that it is bereft of any provision of law under which the Official Respondents intend to initiate coercive steps. It is an elementary requirement that a citizen ought to know the provisions of law under which the Official Respondents are intending to initiate coercive steps which would enable the citizen to file a suitable reply in that regard. 6. In this view of the matter, this Court deems it appropriate to set aside the impugned Order dated 08.07.2025 (Ex.P.2) at the admission stage, without going into merit, with liberty to the Official Respondents to initiate fresh Proceedings in accordance with law, if so advised. 7. Accordingly, this Writ Petition is allowed. The Impugned Order vide Lr.No.AE/OS/MMD/ FNo./D.No.218/25, dt.8-7-2025 (Ex.P.2) is set aside. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 28.07.2025 Mnr 4 122 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.17651 OF 2025 Dt: 28.07.2025 Mnr