s V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 370 OF 2025 Between: Challa Satyanarayana, S/o. Late Challa Venkata Swamy, Aged about. 61 years, Occ. Agriculture, R/o D.No.1-94, Ramalayam Street, East Ganugudem, Rajanagaram, East Godavari District. ...PETITIONER AND 1. The Assistant Executive Engineering (Operations), Andhra Pradesh Eastern Power Distribution Co.Ltd Rajanagaram, East Godavari District. 2. The Executive Engineer(operations), Andhra Pradesh Eastern Power Distribution Co.Ltd, Rajahmundry Rural, East Godavari District. 3. State of A.P., rep. by its Principal Secretary, Energy Department, Secretariat Buildings, Velagapudi, Amaravathi. 4. The Tahsildar, Rajanagaram Mandal, East Godavari District. 5. The District Collector, East Godavari District At Rajahmundry, AP. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there with, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of mandamus declaring the Letter .No. AEE / A / Rajanagaram /F.No./ D.no.671/2024,d t.20- 12-2024 of the 1st respondent in restraining the petitioner from using the power supply water from the new the same through service. No. 143111432 1537567 for lifting the bore well situated in Sy.No.599 in view of the old bore well within Sy.No. become dry to irrigate the land in the same survey number without any notice or enquiry at the instance of the 4th respondent as illegal, improper, unjust, arbitrary and contrary to law and further direct the respondent to restore the power supply/permit to use the power supply from service. No. 143111432 1537567 to lift the to harvest the existing paddy crop in Sy.No.599 to an extent of Ac.4.22 cents situated in kalavacharla village of Rajanagaram existing paddy crop is harvested by the petitioner completed whichever is earlier. water from new bore well Mandal till the or the enquiry is lA NO: 1 OF 2()7f^ Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Letter.No.rAEE /A/ Rajanagaram/ F.No. / D.no.671/2024,dt.20-12-2 024 of the to the 1st and 4th respondents to restore the praying that in the circumstances 1st respondent with a direction power supply/permit to use the power supply from service. No. 143111432 1537567 to lift the water from new bore well to harvest the existing paddy crop in Sy.No.599 to extent of Ac.4.22 cents situated in kalavacharla village of Rajanagara Mandal pending disposal of the above an m writ petition. Counsel for the Petitioner(s): SRI. G SEENA KUMAR Counsel for the Respondent Nos.1 & 2 : SRI VV SATISH Counsel for the Respondent No.3: GP FOR ENERGY Counsel for the Respondent Nos.4 to 5: GP FOR REVENUE The Court made the following: ORDER t :;1:: APHC010006192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ' [0] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT WRIT PETITION NO: 370/2025 Between: ...PETITIONER Challa Satyanarayana AND The Assistant Executive Engineering Operations ...RESPONDENT(S) and Others Counsel for the Petitioner: 1.G SEENA KUMAR Counsel for the Respondent(S): 1.GPFOR ENERGY 2.GP FOR REVENUE 3. ::2:: JUSTICE VENKATESWARLU NIWIMAGADDA w P Nn,370 of 2025 THE HONOURABLE SRI This CouH made the following ORDER:- under Article 226 of the Writ Petition is filed Petitioner for the following relief: The instant Constitution of India by the direction more particularly one the Letter in through service No.143'111432 iwroo further direct the 1 responden 143111432 1537567 to lift the use the power supply from paddy crop in Sy water from new ”^"*22 cents situated in otlavacharla village of No,599 to an PfP'f.^^hp axTsSng paddy crop is harvested by the X-ror^di'r^'L^dl^ is earlier and pass..' is that the Petitioner is absolute owner extent of Ac.4.61 cents Mandal of East of the subject is cultivating paddy cultivation the Petitioner dug a bore- and also got an The case of the Petitioner is of the land in Sy.No.599 to an 2. and possessor situated in Kaiavacharia Revenue Viiiage of Rajanagaram Godavari District. Since the Petitioner became the owner doing agriculture, particularly he land he has been at the subject land. For such obtained necessary permissions crop well after having eiectricai service connection bearing No.143111432 1537567. 3 due to failure of the well and shifted the of the Petitioner that Petitioner dug another bore- (a) It is further case existing bore-well, the meter to the new bore- bore-wells are standing paddy crop m disconnection due to shifting heavy losses. well without any prior permission since both the survey number. Now there is a situated in the same in the subject land and because of electricity service is suffering with of bore-well, the Petitioner is Counsel for the Respondent granted in respect of the same survey number per General and Retail Supply Electricity Regulatory Commission dated 06.01.2006. hand, learned Standing submits that once the permission shifting of meter even within On the other 3. was Nos.1 and 2 bore-well, any requires an application Terms and Conditions issued by Andhra Pradesh one of the said meter as for shifting of Supply of Distribution Licensees proceedings No.Secy/01/2006 vide that for change of meter in respect of should also be approved by the In the earlier service connection furnished in without NOC, on (a) He further submits another bore-well which was dugged under WALTA Act, 2004. contemplated Tahsildar as occasion the Petitioner was in respect of previous respect of new bore- issued NOC for granting bore-well. But no such NOC was well but he made an application ::4:: 05 12.2024 for the subject land where the bore is situated seems to be classified as disputed land between the Petitioner and the Government, the 1®^ Respondent issued impugned (b) In view of the same notice dated 20.12.2024 informing the Petitioner to obtain NOG in bore-well then only the Petitioner is entitled either for respect of the new new service connection or shifting of the existing service connection, for which the Petitioner submitted a detailed explanation on 23.12.2024. In view of the said explanation, the Respondents 1 and 2 have to consider and pass appropriate orders if it is 1 and 2 instead of Tahsildar or District Collector. submitted to the the same Respondents learned counsel for the Petitioner and learned Having heard Counsel for Respondents 1 and 2 and after perusal of the 4. Standing material placed on record, it is observed that the Respondents issued notice dated 20.12.2024 informing the Petitioner for submission of NOC in respect of new bore-well which is mandatory as per the Licensee Rules, 2006. In the absence of the same, the application of the , Petitioner dated 05.12.2024 cannot be considered. After receipt of the Petitioner submitted a detailed said impugned proceedings, the dated 23.12.2024 marking the same to the Respondents explanation herein explaining standing paddy crop ^d in getting NOC for service connection which about the difficulties for getting NOC since there is ::5:: the meanwhile the entire paddy crop of the may cause delay, in Petitioner would be damaged since the water is essential for paddy crop. of the submissions made by learned counsel for the and learned Standing Counsel for Respondent Nos.1 and 2 stated above, the Writ Petition is disposed of In view 5. Petitioner and for the reasons as directing the Petitioner to re-submit the explanation dated 23.12.2024 to Respondent Nos.1 and 2 herein within two (2) weeks from the date of receipt of a copy of this order and after such submission the Respondent Nos.1 and 2 are directed to consider the same and pass appropriate accordance with law by affording an opportunity of personal the orders in Further, the hearing to the Petitioner within two (2) weeks thereafter, directed to restore the service connection of the Respondents are Petitioner to save the standing paddy crop for which water is in dire need. No costs. sequel, interlocutory applications if any pending, shall stand As a SD/- K. SRINIVASA RAJU ASSISTANT REGISTRAR SECTlSvTi closed. //TRUE COPY// OFFICER To, The Assistant Executive Engineering (Operations), Andhra Pradesh Eastern Power Distribution Co.Ltd Rajanagaram, East Godavari District. The Executive Engineer(operations), Andhra Pradesh Eastern Power Distribution Co.Ltd, Rajahmundry Rural, East Godavari District. The Principal Secretary, Energy Department, Secretariat Buildings, Velagapudi, Amaravathi. The Tahsildar, Rajanagaram Mandal, East Godavari District. The District Collector, East Godavari District At Rajahmundry, AP. One CC to Sri. G Seena Kumar, Advocate [OPUC] Two CCs to GP For Energy, High Court of Andhra Pradesh [OUT]. Two CCs to GP For Revenue, High Court of Andhra Pradesh[OUT]. One CC to Sri V V Satish, Advocate [OPUC]. Three CD Copies 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. HIGH COURT CC DATED:06/01/2025 ORDER WP.No.370 of 2025 DISPOSING OF THE WP WITHOUT COSTS