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2025 DAILYLAW 27033 (AP)

YARRAMSETTY VITAL PRASAD v. THE STATE OF ANDHRA PRADESH

WP/19318/2025 · 2025-07-31

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

'APHC010382592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19318 OF 2025 Between: 1. Yarramsetty Vital Prasad, S/o.Purnachandra Rao Aged about 59 years, Occ Business, R/o.D.No.6-155, Bantumilli Village AND Mandal, Krishan District. 2. Sabbisetty Joshi Venkata Prabhakar,, S/o.Radhakrishna Murthy Aged about 55 years, Occ Business, R/o.D.No.2-54/1, Bantumalli Village and Mandal Krishna District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary Energy Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Andhra Pradesh Central Power Distribution Corporation Ltd APCPDCL, , Rep., by its Chairman and Managing Director, O/o. ITI Road, Opp.Ramesh Hospital, Krishna Nagar, Vijayawada -520008. 3. The Superintending Engineer, Operations, Vijayawada APCPDCL, Krishna District. 4. The Executive Engineer APCPDCL, Krishna District. 5. The Deputy Executive Engineer, Pedana Sub-Division, APCPDCL, Krishna District. Circle, Operations, Machilipatnam Division 6. The Assistant Executive Engineer, Distribution, APCPDCL, Krishna District. 7. Junior Accounts Officer, Sub-Division, 0/o.Opposite Pedana Raithu Bajar, Pedana, Krishna District. 8. Bommanaboyina Sri Venkata Satyanarayana Seshachala Pedana ERO, APCPDCL Ramakrishna Varaprasad, S/o.Krishna Murthy, Aged about 53 years, Occ Business, R/o.D.No.3-12-3, Atapaka Village, Kaikaluru Mandal, Eluru District. 9. Puli Vinay Kumar, S/o.Venkata Bhaskara Rao Aged about 45 years. Ltd., R/o.D.No.8-2-293/82, Road No.92, Jublee Occ Director, Techmirus Innovations Pvt. JLL/564A-22/1, Akanksha Buildings, Floor No.1 Hills, Hyderabad, Telangana State. ...RESPONDENTS 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 an appropriate Writ, Order or direction more particularly in the nature of Writ of Mandamus one declaring the action of the respondents No.5 to 7 in changing the name of the petitioner No.2 from electricity service connection of a Lower Tension (LT) Category-ll in Sc,No.6244100003527 of RCC building (under construction) in an extent of Ac.0.20 cents i,e., 968 Sq yards bearing RS.No. 155/1, Bantumalli Village and Mandal infavour of the respondent No.9 at his Krishna District instance, that too without putting us on notice and also without considering the legal their notice that notice sent by us bringing to a civil dispute is pending in O.S.No.19 of 2025 on the file of the Principal District Judge, Krishna District, submitted in support of the at Machilipatnam and material as arbitrary, illegal, violative of the same principles of natural justice and also Electricity Act, 2003, General Terms and Conditions contrary to the provisions of the and the law laid down by the Hon'ble Apex Court in terms of violation of principles of natural also the well-established legal principles, fundamental and the Constitutional rights guaranteed justice and , apart from being violative of the I to me under Articles 14, 19 and 300-A of the Constitution of India respondents No.5 to 7 to restore Electricity Connection of Sc.No.6244100003527 of RCC building (under Ac.0.20 cents i.e., 968 Sq. yards bearing r ‘ and Mandal, Krishna District, pending finalization of the civil disputes. lA NO: 1 OF 2025 and consequently direct the name of the petitioner No.2 forthwith for the a Lower Tension (LT) Category-ll in construction) in an extent of RS.No. 155/1, BantumaIJi Village Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court restore name of the petitioner No.2 forthwith for the may be pleased to Electricity Connection of a Lower Tension (LT) Category-ll in Sc.No.62441000 03527 of RCC building (under construction) in an extent of Ac.0.20 cents i. RS.No.155/1, Bantumalli Village e., 968 Sq. yards bearing District, pending final,zat,on of the civil disputes, pending disposal of the above Writ Petition. and Mandal, Krishna Counsel for the Petitioners: SRI RAVITEJA TALASEELA Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 to 7:SRI ABDUL MATHEEN FOR SRI V.V.SATISH, SC FOR APCPDCL Counsel for the Respondents: SRI RAJA DAMOJI RAO The Court made the following order: APHC010382592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19318/2025 Between: 1.YARRAMSETTY VITAL PRASAD, S/O.PURNACHANDRA RAO AGED ABOUT 59 YEARS, OCC BUSINESS, R/O.D.NO.6-155, BANTUMILLI VILLAGE AND MANDAL, KRISHAN DISTRICT. 2.SABBISETTY JOSHI VENKATA PRABHAKAR,, S/O.RADHAKRISHNA MURTHY AGED ABOUT 55 YEARS, OCC BUSINESS, R/0.D.N0.2- 54/1, BANTUMALLI VILLAGE AND MANDAL KRISHNA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE ANDHRA PRADESH CENTRAL POWER DISTRIBUTION CORPORATION LTD APCPDCL, , REP., BY ITS CHAIRMAN AND MANAGING DIRECTOR, 0/0. ITI ROAD, OPP.RAMESH HOSPITAL, KRISHNA NAGAR, VIJAYAWADA -520008. 3.THE SUPERINTENDING ENGINEER, OPERATIONS, VIJAYAWADA CIRCLE, APCPDCL, KRISHNA DISTRICT. 4.THE EXECUTIVE ENGINEER, OPERATIONS, MACHILIPATNAM DIVISION, APCPDCL, KRISHNA DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, PEDANA SUB-DIVISION, 2 APCPDCL, KRISHNA DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER. DISTRIBUTION, APCPDCL, KRISHNA DISTRICT. /.JUNIOR ACCOUNTS OFFICER, SUB-DIVISION, PEDANA ERO, APCPDCL 0/0.OPPOSITE PEDANA RAITHU BAJAR, PEDANa! KRISHNA DISTRICT. 8.B0MMANAB0YINA SRI VENKATA SATYANARAYANA SESHACHALA RAMAKRISHNA VARAPRASAD, S/0.KRISHNA MURTHY, AGED ABOUT 53 YEARS, OCC BUSINESS, R/O.D.NO.3-12-3, ATAPAKA VILLAGE, KAIKALURU MANDAL, ELURU DISTRICT. 9.PULI VINAY KUMAR, S/O.VENKATA BHASKARA RAO, AGED ABOUT 45 YEARS, OCC DIRECTOR, TECHMIRUS INNOVATIONS PVT. LTD., R/O.D.NO.8-2-293/82, BUILDINGS, FLOOR N0.1, ROAD NO.92 HYDERABAD, TELANGANA STATE. JLL/564A-22/1, AKANKSHA JUBLEE HILLS, ...RESPONDENT(S): Counsel for the Petitioner(S): 1.RAVITEJA TALASEELA Counsel for the Respondent(S): 1.GP FOR ENERGY 2.RAJA DAMOJI RAO The Court made the following: ORAL ORDER: Heard Sri Ravi Teja Talaseela, learned Counsel for the Writ Petitioners and Sri Abdul Matheen, learned Counsel appearing on behalf of Sri V.V. Satish, learned Standing Counsel for APCPDCL. The present case is filed seeking cancellation of the transfer of the Electricity Meter which was in the name of the Writ Petitioners. 2. 3 Sri Abdul Matheen, learned Counsel appearing on behalf of Sri V.V. Satish, learned Standing Counsel for APCPDCL, has submitted the Written Instructions furnished by the Junior Accounts Officer, Sub-Elecy. Revenue Office, Pedana. Copy of it is supplied to the Counsel for the Writ Petitioners and the same is taken on record. 3. The said Written Instructions would indicate that, after scrutiny of the documents enclosed, including the Title Transfer effected in favour of one Puli transferred to his name on 4. Vinaya Kumar, the electricity meter was 19.07.2025. The facts of the case would indicate that the Writ Petitioners had purchased the subject property by way of Registered Sale Deed in two different parcels, namely on 10.08.2016 (Ex.A.1) and 26.09.2016 (Ex.A.2). 6. The Writ Petitioner had sold this subject land in favour of Respondent No.8 vide Registered Sale Deed dated 27.06.2022 (Ex.A.7). The Writ Petitioner and Respondent No.8 had also entered into a Memorandum of Understanding (unregistered) dated 22.06.2022 (Ex.A.8) stating that the Sale Deed which would be executed on 27.06.2022 (Ex.A.8) would be cancelled if the amount paid by Respondent No.8 to the Writ Petitioner is returned with an agreed rate of interest. 7. It is also a fact that Respondent No.8 has sold away this property through Registered Sale Deed in favour of Respondent No.9 on 10.07.2023. 8. It transpires that due to the flow of Title by way of Registered Documents from the Writ Petitioners to Respondent No.8 and thereafter from Respondent No.8 to Respondent No.9, the Official Respondents have effected the transfer of the name from the Writ Petitioners to that of Respondent No.9 vide Proceedings dated 19.07.2025. 9. It is submitted by the learned Counsel for the Writ Petitioners that the Writ Petitioners have filed O.S.No.19 of 2025 on the file of the Principal 5. PRfP 4 Qistrict Judge, Krishna District at Machilipatnam, for cancellation of the Sale Deed dated 27.06.2022 and also the consequential Sale Deeds dated 27.06.2022 (between the Writ Petitioners and Respondent No.8) and 10.07.2023 (between Respondent No.8 and Respondent No.9). Learned Counsel for the Writ Petitioners would submit that Interlocutory Application has been filed seeking Interim Injunction not to interfere with the peaceful possession of the property, and the said Interlocutory Application is under consideration before the Trial Court. 10. an Having regard to the above facts, this Court is of the opinion that the impugned action undertaken by the Official Respondents is valid under the present circumstances, inasmuch as there is a clear flow of title between the parties by way of Registered Sale Deeds. However, the same shall be subject to the outcome in the pending Interlocutory Application and of course, the final outcome in O.S.No.19 of 2025. It is clarified that this Court has not expressed anything on merit and that no part of this Order shall be considered expression on merit with regard to any of the parties. The Trial Court is at liberty to consider the Interlocutory Application as well as the pending Suit in accordance with law. 11. as an 12. In the above premise, the present Writ Petition is devoid of any merit. 13. Accordingly, the Writ Petition is dismissed. No order as to costs. 14. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTI FFICER To, 1. One CC to Sri Raviteja Talaseela, Advocate [OPUC] One CC to Sri Raja Damoji Rao, Advocate [OPUC] One CC to Sri V.V. Satish, SC for APCPDCL[OPUC] Two CCs to GP for Energy, High Court of Andhra Pradesh [OUT] Two CD Copies. 2. 3. 4. 5. ssb 4^ HIGH COURT DATED:01/08/2025 ORDER WP No.19318 OF 2025 DISMISSING THE W.P. WITHOUT COSTS