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2025 DAILYLAW 33255 (AP)

KOLLU SRINIVASA RAO v. The State of Andhra Pradesh,

WP/25622/2025 · 2025-09-25

Gannamaneni Ramakrishna Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010497782025 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: 25622 OF 2025 Between: 1. KOLLU SRINIVASA RAO, S/o. Rama Rao, aged 49 years, Occ. Coolie, R/o. Podalada Village, Razole Mandal, Dr. B.R. Ambedkar Konaseema District. 2. Deepati Rahul Babu,, S/o. Nagendra Babu, aged 21 years, Occ. Buddy Shop, R/o. Podalada Village, Elamanchali Mandal Dr. B.R. Ambedkar Konaseema District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Energy Department, Secretariat, Velagapudi, Amaravti, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary to the Government, Irrigation and Command Area Development (Presently Water Resources) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Andhra Pradesh Eastern Power Distribution Company Limited, Rep. by its Chairman and Managing Director, Corporateoffice of APEPDCL, C/o. 50- 27-5/1, TPT Colony, Seethammadhara, Visakhapatnam, 530013 Visakhapatnam District. 4. The Superintending Engineer Operation, Andhra Pradesh- Eastern Power Distribution Company Limited at Amalapuram Dr. B.R. Ambedkar Konaseema District. 5. The Divisional Engineer Operation, Andhra Pradesh- Eastern Power Distribution Company Limited, Razole Revenue Division, Dr. B.R. Ambedkar Konaseema District. 2 6. The Assistant Divisional Engineer Operation, Andhra Pradesh Eastern Power Distribution Company Limited, Razole Revenue Division, Dr. B.R. Ambedkar Konaseema District. 7. The Assistant Engineer Operation, Andhra Pradesh Eastern Power Distribution Company Limited, Razole Mandal, Dr. B.R. Ambedkar Konaseema District. 8. The Assistant Engineer AE, Irrigation Department, (Presently Water Resources Department),Razole Mandal, Dr. B.R. Ambedkar Konaseema District 9. The Superintendent Engineer SE, Irrigation Department, Amalapuram, Dr. B.R. Ambedkar Konaseema District 10. Tatipaka Grama Panchayat, Rep. by its Executive Authority-Cum- Panchayat Secretary, Tatipaka Village, Razole Mandal, Dr. B.R. Ambedkar Konaseema District. ...Respondents Counsel for the Petitioners: NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR ENERGY Counsel for the Respondents:V V SATISH (SC for APEPDCL) Counsel for the Respondents:GP FOR IRRI AND CAD The Court made the following ORAL ORDER: Heard Sri P. Karthi Kiran, learned Counsel appearing on behalf of Ms. Nimmagadda Revathi, learned Counsel for the Writ Petitioners; Sri A. Narasinga Rao, learned Assistant Government Pleader for Irrigation; Ms. K. Aishwarya Chowdary, learned Junior Standing Counsel for APEPDCL; Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat and Ms. K. Swaroopa Rani, learned Assistant Government Pleader for Energy. 2. The facts and documents on record would indicate that the Irrigation Department has issued a notice to the Writ Petitioners on 03.06.2025 (Ex.P.2). The said notice would indicate that the encroached establishment of the Writ Petitioners is causing interruption when the Authorities are trying to clean-up the canal and also during the process of excavation. Thereafter, the Writ Petitioners have approached this Court by filing W.P.No.14988 of 2025 3 and this Court vide Order dated 24.06.2025 was pleased to dispose of the same with a direction to the Authorities to follow the due process of law. Thereafter, the Department of Electricity had issue a notice to the Writ Petitioners on 09.09.2025 (Ex.P.1) by informing the Writ Petitioners that the Department of Irrigation vide Proceeding dated 03.06.2025 (Ex.P.2) had requested the Official Respondents herein to remove the electricity wires. The notice dated 09.09.2025 (Ex.P.1) would indicate that the electricity connection will be stopped within seven days from the date of issuance of notice dated 09.09.2025. Ms. K. Aishwarya Chowdary, learned Junior Standing Counsel for APEPDCL would also submit that this exercise has been undertaken in compliance with the Orders of the Hon’ble Division Bench of this Court in W.P (PIL) No.140 of 2022 dated 14.09.2022. 3. Having considered the above facts, this Court is of the view that the Respondent Authorities have not violated any Principles of Natural Justice. The procedure undertaken by the Official Respondents in issuance of Advance Notice dated 03.06.2025 (Ex.P.2) by the Department of Irrigation and the notice issued by the Official Respondents herein dated 09.09.2025 (Ex.P.1) are in accordance with law. Therefore, this Writ Petition is bereft of any merit. Accordingly, this Writ Petition is dismissed. No Order as to Costs. 4. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 26.09.2025 JKS 4 105 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.25622 OF 2025 26.09.2025 JKS