APUCOI0443202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 22931 OF 2025 Between: 1. Duppalapudi Satyanarayana, S/o. Ramchandram, Age 40 years, Occ; Cultivation, D-No 3-41, Main Road, ' Rangampeta Mandal, East Godavari District. G.Donthamuru Village 2. Duppalapudi Ganga Rao, S/o. Narayana Murthy, Age 89 years, Occ; Cultivation, D-No 3-60, Vinayaka Temple Street, G.Donthamuru Village, Rangampeta Mandal East Godavari District. ...Petitioners AND 1. The AP Eastern Power Distribution Company Limited, Rep by its Chairman cum Managing Director, Vishakapatnam __ 2. The Superintending Engineer,,A.P. Eastern Power Distribution Company Ltd Rajamahendravaram. 3. The Divisional Engineer, A.P: Eastern Power Distribution Company Ltd., Rajamahendravaram. 4. The Assistant Engineer, A.P. Eastern Power Distribution Company Ltd Rajamahendravaram. 5. Th^ State of Andhra Pradesh, Rep. by its Principal Secretary Government Energy Department, Secretariat, Velagapudi, Amaravati, Guritur District. •C . to ...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 a writ in the nature of Writ of Mandamus or any other appropriate writ, order or orders the inaction of respondent authorities in not restoring the fallen electricity polls and power supply to the petitioners Bore well Vide Service No. 1421590899001153 situated in Sy No. 205/3 of G. Donthamuru Village, Rangampeta Mandal as illegal, arbitrary, and against the principles of natural justice and violation of Article 14, 16, 19 (1) (g), 21, 300 A i-- of the Constitution of India and consequently direct the respondents to restore the fallen electricity polls and power supply to the agriculture bore-well of the petitioners and other farmers. 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 respondent No. 1 to 4 to well restore the fallen electricity polls and power supply to the petitioners’ bore Vide Service No. 1421590899001153 situated in Sy No. 205/3 of G. Donthamuru Village, Rangampeta Mandal. Counsel for the Petitioners: SRI S. PURUSHOTHAMA RAJU FOR SRI V. S. R.S. NAIDU ^ Counsel for the Respondent Nos.1 to 4 : Ms. KOTHAPALLI AISHWARYA CHOWDHARY LEARNED JUNIOR STANDING COUNSEL FOR SRI V.V. SATISH, SC FOR APEPDCL , Counsel for the Respondent No.5 : GP FOR ENERGY The Court made the following order: 1 APHCOI 0443202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 22931/2025 Between; 1.DUPPALAPUDI SATYANARAYANA, S/0. RAMCHANDRAM, AGE 40 YEARS, G.DONTHAMURU VILLAGE, RANGAMPETA MANDAL, GODAVARI DISTRICT. OCC CULTIVATION,D-NO 3-41, MAIN ROAD, EAST 2.DUPPALAPUDI GANGA RAO,, S/0. NARAYANA MURTHY, AGE 89 VINAYAKA TEMPLE OCC CULTIVATION, D-NO 3-60, G.DONTHAMURU VILLAGE, RANGAMPETA MANDAL YEARS, STREET EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1.THE AP EASTERN POWER DISTRIBUTION COMPANY LIMITED, MANAGING DIRECTOR. REP BY ITS CHAIRMAN CUM VISHAKAPATNAM 2.THE SUPERINTENDING ENGINEER, A.P. EASTERN POWER DISTRIBUTION COMPANY LTD RAJAMAHENDRAVARAM. 3.THE DIVISIONAL ENGINEER, A.P. EASTERN POWER DISTRIBUTION COMPANY LTD., RAJAMAHENDRAVARAM. 4.THE ASSISTANT ENGINEER, A.P. EASTERN POWER DISTRIBUTION COMPANY LTD RAJAMAHENDRAVARAM. 5.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT ENERGY DEPARTMENT, 2 SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3 ...RESPONDENT(S): Counsel for the Petitioner(S): 1.VS RS NAIDU Counsel for the Respondent(S): 1.GPFOR ENERGY 2. The Court made the following: ORAL ORDER: Heard Sri S. Purushothama Raju, learned Counsel appearing on behalf of Sri V.S.R.S. Naidu, learned Counsel for the Writ Petitioners and Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel for APEPDCL. Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel for APEPDCL, has submitted the Written Instructions furnished by the 2. Assistant Executive Engineer, Operation Section, APEPDCL, Rangampeta dated 05.09.2025. Copy of it is supplied to the Counsel for the Writ Petitioners and the same is taken on record. The relevant portion of the said Written Instruction is usefully extracted hereunder: “1. In Donthamuru village, 3 poles were fallen on date 27.07.2025 and identified as in Damaged condition. After visiting the site (after 2 days), I assigned the department contractor to restore supply by replacing the damaged poles. 2. However, during the work, there are objections from neighbouring farmers i.e., Duppalapudi Rajesh and Others. They claimed the land belongs to local Panchayat authorities, and that Duppalapudi Satyanarayana S/o Rama Chandra rao and others have occupied the panchayat land of 1A. 72c area. They further stated that they have already given a complaint against them to MRO/Rangampeta. 3 3. They insisted that until the resurvey is completed, no restoration should be done. Hence, due to this obstruction, we are unable to replace the damaged poles for restoration of supply. Form Assistant executive Engineer operation rangampeta mandal.” 3!. The above extract would indicate that three electrical poles have fallen djown on 27.07.2025 and that when the Official Respondents have proceeded tcj restore the damaged poles by replacement, certain local persons have objected the same since they are under occupation of the land belonging to the Panchayat of an extent of Ac. 1.72 cents. It is stated that the locals have resisted by saying that the restoration cannot be done until the survey is ccj^mpleted. r’ Learned Counsel for the Petitioners has placed reliance on the Jqidgment in Yogesh Lakhmanbhai Chovatiya Vs. PGVCL : 2022 LawSuit (d^j) 7772 passed by the learned Single Judge of the Hon’ble High Court of GiLljarat. Para 9 of the said Judgment is usefully extracted hereunder: 4.i “9. Thus, the petitioners, who are the occupiers of the land, cannot be denied the electricity connection only because dispute with regard to decision of the land in question is’* pending, observed that the company cannot decide the disputed question of right and title and the ownership or right of occupancy has no nexus with grant of electrical connection to a consumer.” The Division Bench has This Court is in agreement with the submission made by the learned Counsel for the Writ Petitioners that the occupiers of land cannot be denied th^ electricity connection only because dispute is pending with regard to the land in question. 5. This apart, this Court is of the view that the process undertaken by the Official Respondents is only the revival of the existing electric poles, and therefore, no member of the public can be allowed to resist this exercise. 6. 4 7. Accordingly, the Respondents are directed to restore the damaged poles by replacing them as expeditiously as possible, not later than two weeks from today. Respondents are also directed to seek Police help if any law and order situation arises while restoring electricity poles. 8. Needless to state that when once the poles are erected, the Writ Petitioners shall be given the power supply for their agricultural borewell in accordance with law. 9. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 10. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Chairman cum Managing Director, AP Eastern Power Distribution Company Limited, Vishakapatnam. The Superintending Engineer Company Ltd Rajamahendravaram. The Divisional Engineer, A.P. Eastern Power Distribution Company Ltd., Rajamahendravaram. The Assistant Engineer, A.P. Eastern Power Distribution Company Ltd Rajamahendravaram. The Principal Secretary to Government Energy Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. One CC to Sri V. S. R. S. Naidu, Advocate [OPUC] Two CCs to GP for Energy High Court of Andhra Pradesh [OUT] One CC to Sri V.V. Satish, SG for APEPDCL [OPUC] Two CD Copies 2. A.P. Eastern Power Distribution 3. 4. 5. 6. 7. 8. 9. Cnr HIGH COURT DATED:08/09/2025 ORDER WP NO. 22931 OF 2025 I 2TSE^2(I25 ^ , Current Section m DISPOSING OF THE W.P. WITHOUT COSTS