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2025 DAILYLAW 32524 (AP)

B. SRINIVASULA REDDY v. The State of Andhra Pradesh

WP/24605/2025 · 2025-09-25

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010480622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 24605 OF 2025 Between: 1. B. SRINIVASULA REDDY, S/o. Bhavanam Venkateswara Reddy, aged about 57 years. Lessee of the premises of Smt. Kalari Leela, D.No. 7-110, New D.No. 7- 459/, Side lane of Sri Hari Teja Super Market, Bandar Road, Running OM Grand Hotel and Function Hall, Kanuru Section, Vijayawada, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Energy Department, Secretariat, Amaravati. 2. The A P Central Power Distribution Corporation Ltd, Rep. by its Chairman and Managing Director, Tirupati. 3. The Superintending Engineer, , APCPDCL, Vijayawada Circle. 4. The Divisional Engineer, APCPDCL, Gunadala Section. 5. The Assistant Engineer, APCPDCL, Kanuru Section. ...Respondents Counsel for the Petitioner: ANCHA PANDURANGA RAO Counsel for the Respondents: GP FOR ENERGY Counsel for the Respondents:V V SATISH (SC for APEPDCL) 2 The Court made the following ORAL ORDER: Heard Sri Bhooma Maharshi Reddy, learned Counsel appearing on behalf of Sri Ancha Pandu Ranga Rao, learned Counsel for the Writ Petitioner and Ms. K. Aishwarya Chowdary, learned Junior Standing Counsel for APEPDCL. 2. It is the submission of the learned Counsel for the Writ Petitioner that the power supply of the Writ Petitioner’s Hotel and Function Hall at Kanuru Section, Vijayawada was disconnected on 22.08.2025. He would submit that though the Writ Petitioner is aware of the Inspection conducted on 10.04.2025, but has not received any demand indicating the reasons for imposing the penalty etc.,. He would submit that the Respondents have only served assessment amount on 28.06.2025 without disclosing any reasons. He would submit that the business of the Writ Petitioner has been affected since the disconnection had been done on 22.08.2025. Even on 22.09.2025, this Court had directed the learned Counsel for the Respondents to furnish the proof evidencing the fact that the notice dated 27.08.2025 was in fact received by the Writ Petitioner. Learned Counsel for the Respondents has not furnished the same. Therefore, this Court would safely assume that the notice dated 27.08.2025 was not received by the Writ Petitioner, and therefore, the Writ Petitioner is reasonably entitled for benefit of doubt, inasmuch as the Writ Petitioner would not have received the said noticed dated 28.07.2025. 3. Since the demand has been raised by the Respondents, for which the reasons have not been so far indicated, this Court is of the view that the impugned action of disconnecting the power supply of the Writ Petitioner’s Hotel and Function Hall on 22.08.2025 is arbitrary and illegal. Therefore, the Respondents are directed to restore the power supply to the Writ Petitioner’s Hotel and Function Hall within 24 hours from today. The Respondents are given liberty to issue fresh notice to the Writ Petitioner by disclosing the reasons for levy of charges/penalty and initiate action only after considering the response given by the Writ Petitioner by passing a Speaking Order in 3 accordance with law and serve a copy of such Order on the Writ Petitioner forthwith. 4. The Respondents are further directed to accord reasonable time of about three weeks to the Writ Petitioner to reply to the proposed notice. Respondents are at liberty to furnish such notice by whatsapp to the Writ Petitioner. It is indicated that this Court has not expressed anything on merit. 5. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 26.09.2025 JKS 4 91 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 24605 OF 2025 26.09.2025 JKS