P BALA SUBRAHMANAYAM v. THE STATE OF ANDHRA PRADESH
WP/832/2025 · 2025-01-10
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3075 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3075 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010011722025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 832/2025 Between: P Bala Subrahmanayam and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S):
1. GP FOR ENERGY The Court made the following:
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 832/2025
ORDER:
This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of declaring the action on the part of Officials of respondent Nos.5 and 6 in erecting Electric Poles in Petitioners’ open place in Survey No.509-B abutting southern side of their Automated Ground Nut Seed Processing Unit by name style SREE LALITHA OILS, 1-118 & 119, Gooty RS, Gooty Town, Anantapur District there by making efforts to lay 11 KV lines connecting new transformer as arbitrary, voilative of Articles 14, 21 and 300- A of Constitution of India and consequently direct the Respondent Nos.4 to 6 to not to lay 11 KV lines in Petitioners’ Open Space in Survey No.509-B abutting southern side of their Automated Ground Nut Seed Processing Unit by name style SREE LALITHA OILS, 1-118 & 119, Gooty RS, Gooty Town, Anantapur District, further direct them to remove already erected Electric Poles and pass such other order.”
2. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents.
3. Learned counsel for the petitioners submits that the petitioners being the partners established an Automated Ground Nut Seed Processing Unit in the name and style of SREE LALITHA OILS. The said Unit was constructed in the land admeasuring to an extent of approximately Ac.1.00 cents in Sy.No.509-B, Gooty Town, Anantapur District and left around Ac.0.50 cents of land as open place for ingress and egress of heavy cranes. While so, the officials
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of respondent Nos.5 and 6 erected electric poles in the petitioner’s open space and thereby making efforts to lay 11 KV lines connecting new transformer which has to be installed. He further submits that the respondents directed the petitioners to handover the possession of the subject open space for laying 11 KV lines. Then the petitioners raised an objection that the said open space is left for the purpose of ingress and egress of cranes. The same was also brought to the notice of respondent No.4. But respondent No.4 has not responded. Hence, the present Writ Petition.
5. Learned Standing Counsel for the respondents submits that if the respondents intend to lay/erect electric lines in the petitioners’ open space, they will follow due process of law.
6. Having regard to the submissions made by both the
learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondents not to lay 11 KV lines in the petitioners’ subject property without following due process of law.
7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
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VENKATESWARLU NIMMAGADDA, J 10.01.2025 TTPPSS
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 832/2025
10.01.2025 TTPPSS