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2025 DAILYLAW 29737 (AP)

Vonteddu Subhashini v. The State of Andhra Pradesh

WP/21649/2025 · 2025-08-13

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

r APHC010425482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 21649 OF 2025 Between: Vonteddu Subhashini, W/o. K.Suresh Reddy, Aged 50 years, Occ: Homemaker, R/o. 3-687-6, Krishnapuram, 5*^ Road, Tadipatri Anantapur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Energy Department, Secretariat, Velagapudi, Guntur District. 2. The Southern Power Distribution Company of Andhra Pradesh Ltd, Rep. by the Chief Managing Director, TIRUPATHI (Post), Chittoor District, A.P. 3. The Superintending Engineer, Southern Power Distribution Company of Andhra Pradesh, Operation Circle, Anantapur, Anantapur District. 4. The Executive Engineer, A.P.S.P.D.C. Ltd., Anantapur Anantapur District. 5. The Deputy Executive Engineer, A.P.S.P.D.C. Ltd., Gooty, Anantapur District. 6. The AddI Deputy Engineer, A.P.S.P.D.C. Ltd., Tadipatri, Anantapur District. 7. The Assistant Engineer, A.P.S.P.D.C. Ltd., Tadipatri Anantapur District. ...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 order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of the respondents in proposing to erect electrical poles and 33KV Electrical Lines through the lands of the petitioner in an extent of Ac.2.54 cents in Sy.No.166-A and 166-B of Nandalapadu Village, Tadipatri Mandal, Anantapur District without following due process of law as illegal, arbitrary and against to principles of natural justice and violative of Article 14 and 21 of Constitution of India apart from violative of Electricity Act, 2003 and the Indian Telegraph Act, 1885 and consequently direct the respondents to not to proceed with the erection and installation of Electrical poles and laying of 33KV Electrical Lines over the above subject property. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to proceed with the erection of electrical poles and 33KV Electrical Lines through the lands of the petitioner in an extent of Ac.2.54 cents in Sy.No.166-A and 166-B situated at Nandalapadu Village, Tadipatri Mandal, Anantapur District, pending the above writ petition. Counsel for the Petitioner; SRI K. NAVEEN KUMAR Counsel for the Respondent No.1 ; GP FOR ENERGY Counsel for the Respondent Nos.2 to 7 : Ms. A. JYOTHI RATNA, SC FOR APSPDCL The Court made the following order; i APHC010425482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 21649 OF 2025 Between: 1. Vonteddu Homemaker, District Subhashini,, W/o K.Suresh Reddy, Aged 50 years, Occ- R/o 3-687-6, Krishnapuram, 5th Road, Tadipatri Anantapur ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Energy Department, Secretariat,Velagapudi,Guntur District. 2. The Southern Power Distribution Company of Andhra Pradesh Ltd, Rep. by the Chief Managing Dire)ctor, TIRUPATHI(Post), ChittoorDistrict, A.P. 3. The Superintending Engineer, Southern Power Distribution Company of Andhra Pradesh, Operation Circle, Anantapur, Anantapur District. 4. The Executive Engineer, A.P.S.P.D.C. Ltd., Anantapur Anantapur District. 5. The Deputy Executive Engineer, A.P.S.P.D.C. Ltd., Gooty, Anantapur District. 6. The Add! Deputy Engineer, A.P.S.P.D.C. Ltd., Tadipatri, Anantapur District. 7. The Assistant Engineer, A.P.S.P.D.C. Ltd., Tadipatri Anantapur District. ...Respondents Counsel for the Petitioner: K NAVEEN KUMAR Counsel for the Respondents: GP FOR ENERGY 2 The Court made the following ORAL ORDER: Heard Sri K. Naveen Kumar, learned Counsel for the Writ Petitioner and Ms. A. Jyothi Ratna, learned Standing Counsel for APSPDCL. 2. Ms. A. Jyothi Ratna, learned Standing Counsel for APSPDCL has submitted the Written Instruction furnished by the Assistant Engineer, D1 Section, APSPDCL, Tadipatri, dated 14.08.2025. also supplied to the learned Counsel for the Writ Petitioner, taken on record. 3. Relevant portion of the Written Instruction is usefully extracted Executive Copy of it is The same is hereunder: 1. It is to submit that in near Anantapur By pass and Kadapa Bypass junction road at Middle of the road Lord Shiva X . - statue IS constructed and due to this traffic is extended up to the existing 33 KV line (33 KV Sanjeeva Nagar). 2. Due to this and increase of road height the existing 9 1 mtrs poles become very short and there is chance of electrical accidents due to low clearance. 3. The local honourable MLA and local people has given representation for increase of height of the poles Hence an estimate is prepared replacement of existing of poles with spun poles and due to this 2 Nos., intermediate poles proposed to avoid loose span in between the poles.” are proposed height 4. The above extract would indicate that the Department intends to increase the height of the existing structure in order to avoid inconvenience to the public. It is stated that this action has been due to various Representations made by the public. 5. Having regard to this Written Instruction, this Court is of the view that the proposed action under the Written prejudice to the Writ Petitioner. causing proposed Instruction would not cause any 3 % 6. In this view of the matter, no further consideration is necessary. Accordingly, the Writ Petition is disposed of. No Order as to Costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K TATA RAO DEPUTY REGISTRAR C^Ot^^FICER //TRUE COPY// SE To, The Principal Secretary, Energy Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. The Chief Managing Director, Southern Power Distribution Company of Andhra Pradesh Ltd, TIRUPATHI (Post), Chittoor District, A.P. The Superintending Engineer, Southern Power Distribution Company of Andhra Pradesh, Operation Circle, Anantapur, Anantapur District. The Executive Engineer, A.P.S.P.D.C. Ltd., Anantapur Anantapur District. The Deputy Executive Engineer, A.P.S.P.D.C. Ltd., Gooty, Anantapur District. The AddI Deputy Engineer, A.P.S.P.D.C. Ltd., Tadipatri, Anantapur District. The Assistant Engineer, A.P.S.P.D.C. Ltd., Tadipatri Anantapur District. One CC to Sri K. Naveen Kumar, Advocate [OPUC] Two CCs to GP for Energy, High Court of Andhra Pradesh [OUT] 10.One CC to Ms. A. Jyothi Ratna, SC for apspdcl 11 .Two CD Copies 1. 2. 3. 4. 5. 6. 7. 8. 9. Cnr HIGH COURT ■5 DATED:14/08/2025 ORDER WP NO. 21649 OF 2025 12 SEP 2025 Ss>Qurrent DISPOSING OF THE W.P. WITHOUT COSTS