V"'. APHC010462592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) T'X, WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 23452 OF 2025 “y Between; Bandubai Abdul Khais, S/o. Bandubai Abdul Samad, Aged about 48 R/o.D.No. 12-207-40, Chenchu Thota, Near Nandyal years, Occ; Business Boys High School, Mangalavarampeta, Banaganapalle, District, Andhra Pradesh - 518 124. ...Petitioner AND I 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Department of Energy, A.P. Secretariat, Velagapudi, Amaravathi, A.P. 2. The Andhra Pradesh Southern Power Distribution Company Limited APSPDCL, Rep. by its Chairman and MD, Vidyut Nilayam, Kesavayana Gunta, Tirupati, Andhra Pradesh. 3. The Superintendent Engineer, APSPDCL, Operation Circle, Nandyal, Nandyal District, Andhra Pradesh. 4. The Deputy Executive Engineer, APSPDCL, Sub-Division, Operation, Banaganapalle, Nandyal District. 5. The Assistant Executive Engineer, APSPDCL, Banaganapalle, Nandyal District, Andhra Operation, Banganapalle Village Mandal Pradesh. ...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, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned notice dt.31.08.2025 issued by the respondents through their 5th respondent thereby disconnecting the electricity connection bearing service no.8211201017043 of the petitioners Naveed Traders situated at shop premises under name and style Sy.No.163/1, 2nd Ward, Near Essar Petrol Bunk, Banaganapalle, Nandyal District without there being any opportunity of being heard is being illegal. capricious, arbitrary, unconstitutional and in violation of principles of natural justice and consequentially direct the respondents more particularly the 5TH connection bearing service Respondent to restore the electricity .8211201017043 of the petitioners shop premises under name and style Naveed Traders situated at Sy.No.163/1, 2nd Ward, Near Essar Petrol Bunk, no Banaganapalle, Nandyal District. lA NO: 1 OF 2025 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 suspend the operation of the impugned notice dt.31.08.2025 issued by the respondents through their 5™ respondent. lA NO: 2 OF 2025 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 more particularly the 5th Respondent to restore the electricity connection bearing service no.8211201017043 of the petitioners shop premises under name and style Naveed Traders situated at Sy.No. Ward, Near Essar Petrol Bunk, Banaganapalle, Nandyal District, ND 163/1, 2 forthwith. Counsel for the Petitioner: M/s SUBHANI S M Counsel for the Respondent No. Counsel for the Respondent Nos. 2 to FOR APSPDCL 1: GP FOR ENERGY 5: SRI VENKATA RAMA RAO K SC The Court made the following order: I APHC010462592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 23452/2025 Between: 1.BANDUBAI ABDUL KHAIS, S/0. BANDUBAI ABDUL SAMAD, AGED ABOUT 48 YEARS, OCCBUSINESS NEAR BOYS HIGH SCHOOL, 12-207-40, R/O.D.NO. CHENCHU THOTA MANGALAVARAMPETA, BANAGANAPALLE, NANDYAL DISTRICT, ANDHRA PRADESH - 518 124. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO DEPARTMENT OF ENERGY, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. 2.THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED APSPDCL, REP. BY ITS CHAIRMAN VIDYUT NILAYAM, KESAVAYANA GUNTA PRADESH. 3.THE SUPERINTENDENT ENGINEER, APSPDCL CIRCLE, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH. 4.THE DEPUTY EXECUTIVE ENGINEER, APSPDCL, SUB-DIVISION OPERATION, BANAGANAPALLE, NANDYAL DISTRICT. 5.THE BANAGANAPALLE, OPERATION MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH. MD, TIRUPATI, ANDHRA OPERATION EXECUTIVE ENGINEER, APSPDCL, BANGANAPALLE VILLAGE ASSISTANT 2 ...RESPONDENT(S): Counsel for the Petitioner: 1.SUBHANI S M Counsel for the Respondent(S): 1.GP FOR ENERGY The Court made the following: ORAL ORDER: Heard Sri S.M. Subhani, learned Counsel for the Writ Petitioner, Sri K. Vijay, learned Assistant Government Pleader for Energy an^. Sri K. Ashok, learned Counsel representing Sri Venkata Rama Rao Kota, learned Standing Counsel for APSPDCL. 2. The facts on record would indicate that the Writ Petitioner is the tenant in the subject premises where the Writ Petitioner is running a Sanitary and Hardware business styled in the name of “Naveed Traders”. From the submissions made by the learned Counsel for Petitioner and the Respondents, it transpires that there are disputes pending before the local Panchayat between the landlord of the Petitioner Gram Panchayat as regards the encroachment of public land 4. It also transpires from the submissions that the Panchayat has initiated proceedings against the landlord with regard to the encroachment of public land regarding the construction of the subject building. 5 Learned Counsel for the Respondents submits that the landlord/owner of the premises has also approached this Court by filing W.P.No.23279 2025, which was disposed of by this Court with certain directions Order has not been uploaded. In any case, the Writ Petitioner is a tenant, who has been running the business as mentioned above and the disconnection of the electricity would affect the livelihood of the Writ Petitioner. 3. the Writ and the etc. of but the 6. meter 3 7. In this view of the matter, this Court is of the opinion that until the dispute between the Panchayat and the landlord of the Writ Petitioner is resolved, the Writ Petitioner, in the capacity of a tenant, is entitled to continue in the rented premises. Therefore, as long as he continues as a tenant and is evicted by due process of law, he is entitled to utilize the electricity supply. 8. Therefore, the Respondents are directed to restore the electricity notwithstanding the objections/directions of connection. Secretary, within 24 hours from today. the Panchayat 9. It is clarified that this Court has not expressed anything on merit with of the Writ Petitioner and regard to the pending dispute between the landlord the Gram Panchayat. 10. It is also clarified that the Writ Petitioner, utilize the electricity until the dispute between the Panchayat with regard to the encroachment of public land i Sri K. Ashok, learned Counsel Kota, learned Standing Counsel for APSPDCL, is directed to convey the gist of this Order to the concerned Respondent forthwith for With these observations and directions order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. as a tenant, has a right to landlord and the Gram IS resolved. 11. representing Sri Venkata Rama Rao effective compliance, the Writ Petition is allowed. No 12. 13. Sd/- M. SRINIVAS ASSISTANT^^^STRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Department of Energy Pradesh, A.P. Secretariat, Velagapudi, Amaravathi. A.P. 2. The Chairman and MD, Andhra Pradesh Southern Company Limited APSPDCL, Vidyut Nilayam Tirupati, Andhra Pradesh. State of Andhra Power Distribution Kesavayana Gunta, 3. The Superintendent Engineer, APSPDCL, Operation Circle, Nandyal, Nandyal District, Andhra Pradesh. 4. The Deputy Executive Engineer, APSPDCL, Sub-Division, Operation, Banaganapalle, Nandyal District. 5. The Assistant Executive Engineer, APSPDCL, Banaganapalle, Operation, Banganapalle Village Mandal, Nandyal District, Andhra Pradesh. 6. One CC to M/s Subhani S M Advocate [OPUC] 7. One CC to Sri Venkata Rama Rao Kota SC for APSPDCL [OPUC] 8. Two CCs to GP for Energy High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC f HIGH COURT DATED;03/09/2025 ORDER WP NO. 23452 OF 2025 ALLOWING THE WP WITHOUT COSTS