APHC010433912024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ LI K MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22323 OF 2024 Between: Burra Veera Naga Babu, S/o. Late Suri Babu, Aged about 38 years, Occ; Agriculture, R/o D.No.5-29, Railway Station Road, Annavaram, E.G. District. ...PETITIONER AND 1. The Assistant Executive Engineer(Operations), Andhra Pradesh Eastern Power Distribution Co.Ltd, Rowthulapudi Village and Mandal, East Godavari District. 2. The Dy. Executive Engineer(Operations), Andhra Pradesh Eastern Power Distribution Co. Ltd, Prathipadu, East Godavari District. 3. The Executive Engineer, Andhra Pradesh Eastern Power Distribution Co. Ltd, Jaggampeta, East Godavari District. 4. The Andhra Pradesh Eastern Power Distribution Co. Ltd, Visakhapatnam, Rep by its Managing Director. 5. The Superintending Engineer(Operations), Andhra Pradesh Eastern Power Distribution Co. Ltd, Rajhamundry, E.G. District. 6. State of A P, rep. by its Principal Secretary, Energy Department, Secretariat Buildings, Velagapudi, Amaravathi. 1. Sri Ruthala Satyanarayana, S/o and age not known, Mulugupudi Village, Rowthulapudi(M), Kakinada 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 appropriate writ, order or direction more particularly one in the nature of Writ of declaring the orders dt17-08-2024 in C.G.No. 142/2024 and consequential orders in C.G. no.363/2024, dt; 22/11/2024 on the file of CGRF, APEPDCL/ Visakhapatnam and Endorsement of Vidyut Ombudsman in lnward.No.266,dt: 17-09-2024 returning the appeal and set-aside the same as illegal, improper, unjust, arbitrary and contrary to law and further direct the respondents 1 to 6 not to release the agriculture service connection to the 7 respondent from the line erected at the cost of the petitioner and the respondents can release the supply only tapping power at Rice mill at Mulugupudi by laying separate line as was done in the case of the petitioner. th (Main Prayer amended as per Court Order dt:10.12.2024 vide lA No.2 of 2024) lA NO: 1 OF 2024 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 to direct the respondents 1 to 6 not to release the agriculture service connection to the 7^^ respondent from the line erected at the petitioner and it can release the supply to the 7^*^ respondent by tapping the supply from the point at Rice mill, Mulugupudi from which respondents have tapped the supply to service connection to the petitioner pending disposal of the above petition. cost of the point the Counsel for the Petitioner: SRI G. SEENA KUMAR Counsel for the Respondent Nos.1 to 5:SRI V. V. SATISH (SC for APEPDCL) Counsel for the Respondent No.6: GP FOR ENERGY Counsel for the Respondent No.7:— The Court made the following order: Bench Sr.No:-27 [3483] APHC010433912024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI K WRIT PETITION NO: 22323 of 2024 ...Petitioner Burra Veera Naga Babu Vs. ...Respondents The Assistant Executive Engineer (Operations) and others ********** Sri G. Seena Kumar Advocate for Petitioner Sri V. V. Satish, learned Standing Counsel for A.P.E.P.D.C.L. Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 28th July 2025 PC : The petitioner had obtained service line for use for agricultural purposes. An amount of Rs.7,98,442/- was paid by the petitioner for erecting such a service line which cost, according to the learned Standing Counsel for the respondent Company, also included the cost of erecting the transformer at the petitioner’s place in the field. The contention of the petitioner is that the respondent Company is likely to give more electric connections from this service line for which he incurred a cost of Rs.7,98,442/- which would result in drop in voltage and then adversely impact the machinery which is used and operated on the basis of the power supply. The machinery including water motor pumps would suffer damage. 2. 2 IP 3. Learned Standing Counsel for the respondent Company would place reliance upon Clause 5.3.2.2 of the General Terms and Conditions of Supply (G.T.C.S.) framed by the Andhra Pradesh Electricity Regulatory Commission (A.P.E.R.C.), which according to the learned Standing Counsel is statutory in character. 4. Clause 5.3.2.2 of G.T.C.S. envisages as under:- “5.3.2.2:- Notwithstanding the fact that a portion or full cost of the service line has been paid for by the consumer, the service line shall be the property of the Company, which shall maintain it at its own cost. The Company shall also have the right to use the service line for supply of energy to any other person(s). ” The aforementioned clause clearly specifies that the respondent Company has a right to use the service line for supply of energy to any other person and that the service line continues to remain to be the property of the respondent Company. 5. Learned Standing Counsel for the respondent Company, however, fairly states that in case there is any drop in the voltage or there is any fluctuation. appropriate steps would be taken to remedy the situation. 6. Be that as it may, the Writ Petition is, accordingly, disposed of. No order as to costs. 3 Pending miscellaneous applications, if any, shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRY //TRUE COPY// SECTION OFFICER To. 1. The Assistant Executive Engineer (Operations), Andhra Pradesh Eastern Power Distribution Co.Ltd, Rowthulapudi Village and Mandal, East Godavari District. 2. The Dy. Executive Engineer (Operations), Andhra Pradesh Eastern Power Distribution Co. Ltd, Prathipadu, East Godavari District. 3. The Executive Engineer, Andhra Pradesh Eastern Power Distribution Co. Ltd, Jaggampeta, East Godavari District. 4. The Managing Director, Andhra Pradesh Eastern Power Distribution Co. Ltd, Visakhapatnam. 5. The Superintending Engineer(Operations), Andhra Pradesh Eastern Power Distribution Co. Ltd, Rajhamundry, E.G. District. 6. The Principal Secretary, State of Andhra Pradesh, Energy Department, Secretariat Buildings, Velagapudi, Amaravathi. 7. One CC to Sri G. Seena Kumar, Advocate [OPUC] 8. One CC to Sri V. V. Satish (SC for APEPDCL) [OPUC] 9. Two CCs to GP for Energy, High Court of Andhra Pradesh [OUT] 10. Two CD Copies HIGH COURT DATED:28/07/2025 ORDER WP No. 22323 OF 2024 i 0 6 AUG 2025 « ^ . Current Section ^%:£^spatcV(^^ DISPOSING OF THE W.P. WITHOUT COSTS