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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAG WRIT PETITION NO: 1020 OF 2025 Between: M. Devanand, S/o (Late) Nanda Gopal, Aged about Years, R/o D.No.6-6- 504, Irlanagar, Tirupati, Tirupati District. Also @ Dr.No.22-1-2, Thimminaidupalem, Tirupati Urban Mandal, Tirupati Disrict ...PETITIONER AND The State of Andhra Pradesh, Rep. by it's Principal Secretary, Energy Department, Secretariat Buildings, Amaravathi. Andhra Pradesh Southern Power Distribution Company Limited, (APSPDCL) Rep. by its Managing Director-cum-Chairman, A.P.S.P.D.C.L. Corporate office, Tiruchanur Road, Tirupati, Tirupati District. The Superintending Engineer, Andhra Pradesh Southern Power Distribution Company Limited, (APSPDCL) Corporate office, Tiruchanur Road, Tirupati, Tirupati District. The Divisional Engineer, Andhra Pradesh Southern Power Distribution Company Limited, (APSPDCL) Mangalam, Tirupati, Tirupati District. The Asst. Engineer, Andhra Pradesh Southern Power Distribution Company Limited, (APSPDCL) Mangalam, Tirupati, Tirupati District. ...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 appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the
1. 2. 3. 4. 5. Respondents in not considering the representation notice dated 04.12.2024 issued on behalf of the Petitioner to the Respondents as illegal, arbitrary, violation of principles of natural justice and also in violation of Article 14 and 21 of Constitution of India and consequently to direct the Respondents to sanction Electricity Service connection in favour of Petitioner for his property situated at D.No.22-1-2 situated in S.No.269/3 of Thimminaidupalem Village, Tirupati Urban Mandal, Tirupati District by considering the representation / notice dated 04.12.2024 issued on behalf the Petitioner to the Respondents. 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 direct the Respondents to issue the electricity service connection to the Petitioner's property at D.No.22-1-2 situated in S.No.269/3 of Thimminaidupalem Village, Tirupati Urban Mandal, Tirupati District in the name of the Petitioner by considering his application dated 23.11.2024 pending disposal of the above Writ Petition pending disposal of the above writ petition.
Counsel for the Petitioner: SRI DEVALARAJU ANIL KUMAR Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 to 5: SRI VENKATA RAMA RAO KOTA, SC FOR APSPDCL The Court made the following: ORDER
V (S APHC010018902025 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: 1020/2025 Between: ...PETITIONER M Devanand AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.DEVALARAJU ANIL KUMAR Counsel for the Respondent(S):
1 .VENKATA RAMA RAO KOTA SC FOR APSPDCL 2.GP FOR ENERGY The Court made the following:
2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1020/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following r^liefs;-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not considering the representation/notice dated 04.12.2024 issued on behalf of the petitioner to the respondents as illegal, arbitrary, violation of principles of natural justice and also in violation of Articles 14 and 21 of Constitution of India and consequently to direct the respondents to sanction Electricity Service connection in favour of petitioner for his property situated at D. No.22-1-2 situated in S. No. 269/3 of Thimminaidupalem Village, Tirupati Urban Mandal, Tirupati District by considering the representation/notice dated 04.12.2024 issued on behalf the petitioner to the respondents and pass such other order.
2. Heard the
learned counsel for the petitioner and the learned Standing Counsel for the respondents.
3. Learned counsel for the petitioner submits that the father of the petitioner is the owner of the schedule property and the same was allotted to the petitioner in oral partition. Thereafter, the petitioner constructed ACC sheet roofed portion at D.No.22-1-2 situated in S.No.269/3 of Thimminaidupalem Village, Tirupati Urban Mandal, Tirupati District and the petitioner has been in peaceful possession and enjoyment of the same. While so, the petitioner let the said property to one Prabhakar for running chicken shop on
3 monthly rental basis. Previously, there is an old electricity service connection to the said shop, which is in the name of one Sri Gangaiah, who is the grandfather of the petitioner. Due to the civil disputes between the petitioner and some third parties, the petitioner filed a civil suit. The third parties, who are the defendants in the suit managed the respondents herein for removal of the said electricity service connection. The said disconnection of service was carried out by the respondents without issuing any notice or without any enquiry or physical inspection, which is an action of arbitrary, high handed and colorable respondents. exercise of power on the part of the
4. Learned counsel for the petitioner further submits that the petitioner made an application dated 23.11.2024 to the respondents for providing new electricity service connection, but the considered by the respondents. As such, the petitioner made a representation/notice dated 04.12.2024 to the respondents seeking for issuance of new electricity service connection in his name against subject property. But till date the respondents did not consider the same. Hence, the present Writ Petition. same is not
5. Learned Standing counsel for the respondents submits authorities shall consider the representation/notice dated 04.12.2024 submitted by the petitioner that the respondent
V 4 and pass appropriate orders after providing opportunity of hearing to the petitioner, within a short and reasonable period.
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 to consider the representation/notice dated 04.12.2024 and pass appropriate orders after providing opportunity of hearing to the petitioner, within a period of four(4) weeks from the date of receipt of copy of this Order.
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.
Sd/- M SRINIVAS ASSISTANT REGISTRAR^ / //TRUE COPY// SECTION OFFICER To, Energy Department, State of Andhra Pradesh
1. The Principal Secretary, Secretariat Buildings, Amaravathi.
2. The Managing Director-cum-Chairman, Andhra Pradesh Southern Distribution Company Limited, (APSPDCL), A.P.S.P.D.C.L. Tiruchanur Road, Tirupati, Tirupati District. Superintending Engineer, Andhra Pradesh Southern Power Limited, (APSPDCL) Corporate office, Tiruchanur Power Corporate office
3. The Distribution Company Road, Tirupati, Tirupati District.
4. The Divisional Engineer. Andhra Pradesh Southern Power Distribution Limited, (APSPDCL) Mangalam, Tirupati, Tirupati District. Company u o
^4 The Asst. Engineer, Andhra Pradesh Southern Power Distribution Company Limited, (APSPDCL) Mangalam, Tirupati, Tirupati District. One CC to Sri Devalaraju Anil Kumar, Advocate [OPUC] One CC to Sri Venkata Rama Rao Kota, SC for APSPDCL[OPUC] Two CCs to GP for Energy, High Court of Andhra Pradesh. [OUT Three CD Copies.
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HIGH COURT DATED:10/01/2025
ORDER * (i 2 3 JAN 2C2) . Currant Section ■A • WP.No.1020 of 2025 Cft.
DISPOSING OF THE W.P. WITHOUT COSTS