DAWAT FAMILY RESTAURANT v. THE STATE OF ANDHRA PRADESH
WP/17679/2025 · 2025-07-10
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25042 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25042 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010352282025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17679/2025 Between:
1. DAWAT FAMILY RESTAURANT, (FORMERLY NAMED AS TAJ MULTI CUISINE
RESTAURANT AND SAI PRIDE MULTICUISINE RESTAURANT) REP. BY ITS PROPRIETRIEX SMT. P.SANDYA W/O TULSIRAM, AGED ABOUT 41 YEARS, R/O D.NO.14-20-27, BESIDES ICICI BANK STATION ROAD, CHIRALA, BAPATLA DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT ENGINEER OPERATIONS, A.P.C.P.D.C.L., BAPATIA, BAPATIA DISTRICT. 3. THE EXECUTIVE ENGINEER OPERATIONS, A.P.C.P.D.C.L., BAPATLA, BAPATLA DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEEROPERATIONS, A.P.C.P.D.C.L., CHIRALA, BAPATLA DISTRICT. 5. THE ASSISTANT DIVISIONAL ENGINEER, A.P.C.P.D.C.L., CHIRALA DIVISION, CHIRALA BAPATIA, DISTRICT. 6. THE ASSISTANT ENGINEER OPERATIONS, D-1 SECTION, CHIRALA, BAPATIA DISTRICT. Page 2 of 5
SRS,J
W.P.No.17679 of 2025
7. UTUKURI KARTHIK, S/O SATISH KUMAR, AGE NOT KNOWN. RESIDING AT D.NO.9-17-5 GOVERNMENT HOSPITAL ROAD, CHIRALA, BAPATIA DISTRICT.
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of mandamus or any other appropriate writ or direction, the action of the respondents 4 to 6 in trying to disconnecting the service connection to the petitioners Restaurant vide Service No.4411143006111 situated in premises bearing D.No.14-20-27, Besides ICICI Bank, Station Road, Chirala, Bapatla district in pursuance of
the letter No.Lr.No.A.E/Operations D-1 Section/File No/D.No.440/25, dt.1-7- 2025 even after receipt of the explanation dt.2-7-2025 at the behest of the 7th respondent herein without considering the civil suits in O.S.No.252/2017 and O.S.No.43/2018 on the file court of the Principal Junior Civil Judge, Chirala, Guntur district is illegal, arbitrary and violative of principals of natural justice and consequently direct the 4rt to 6th respondents herein not to disconnect the power supply to the petitioners restaurant and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 4rt to 6th respondents not to disconnect the power supply to the petitioner’s restaurant vide service No. 4411143006111 situated in the premises D.No. D.No.14-20-27, Besides ICICI Bank, Station Road, Chirala, Bapatia district by considering the reply dt.2-7-2025 in pursuance of the letter dt. 1-7-2025 issued by the 6th respondent herein pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner:
1. G V S MEHAR KUMAR Counsel for the Respondent(S):
1. GP FOR ENERGY The Court made the following order: p. 3 SRS,J
W.P.No.17679 of 2025 Heard Sri G.V.S. Mehar Kumar, learned counsel for the petitioner and Ms. Priyanka, learned counsel for respondents 2 to 6. 2. Notice to respondent No.7 is dispensed with since no adverse order affecting his rights or interest has been passed. 3.
The above writ petition is filed to declare the action of respondents 4 to 6 in trying to disconnect power to the service connection bearing S.C.No.4411143006111, located at premises bearing D.No.14-20-27, besides ICICI Bank, Station Road, Chirala, Bapatla District, as illegal and arbitrary. 4.
Learned counsel for the petitioner would submit that Assistant Engineer (Operations), respondent No.6, issued notice vide Lr.No.A.E./Operations D-1 Section/File No. D.No.440/25 dated 01.07.2025, and the petitioner submitted an explanation dated 02.07.2025 (Ex.P2) to the said notice. Learned counsel would submit that the petitioner filed suit O.S.No.252 of 2017 against the father of respondent No.7 and another, for perpetual injunction on the file of Principal Junior Civil Judge, Chirala, wherein an interim order was granted and is still subsisting. Learned counsel would further submit that without considering the petitioner’s explanation, respondents 5 and 6 are trying to disconnect the power connection.
5.
Learned counsel for respondents 2 to 6, on instructions, would submit that respondents 5 and 6 will consider the explanation submitted by the petitioner vide Ex.P2 and pass appropriate orders. Till an order is passed, the authority will not disconnect power to the service connection bearing S.C.No.4411143006111.
6. Given the facts and circumstances of the case and the submission of
learned counsel for respondents 5 and 6, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing p. 4 SRS,J
W.P.No.17679 of 2025 respondents 5 and 6 to consider the petitioner’s explanation submitted vide Ex.P2 to Ex.P1, notice and pass appropriate orders, strictly as per law.
Till such time, the respondents shall not disconnect power to the service connection bearing S.C.No.4411143006111, at premises bearing D.No.14-20- 27, besides ICICI Bank, Station Road, Chirala, Bapatla District. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date: 11.07.2025 IKN p. 5 SRS,J
W.P.No.17679 of 2025
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 17679 of 2025
Date: 11.07.2025 IKN