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2025 DAILYLAW 35606 (AP)

Chekkapalli Durga Malleswara Rao, v. The State of Andhra Pradesh,

WP/29865/2024 · 2025-01-29

Venkateswarlu Nimmagadda

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE u PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29865 OF 2024 Between: Chekkapalli Durga Malleswara Rao, S/o. Vishnumurthy, Aged about 37 years, Occ: Cultivation R/o. D.No. 3-144, Post office Street, G.Donthamuru Village Rangampeta Mandal, Kakinada District (Erstwhile East Godavari District). ...PETITIONER AND The State of Andhra Pradesh, Represented by its Special Chief Secretary, Energy Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. The Executive Engineer, Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), Rajamahendravaram, East Godavari District. The Deputy Executive Engineer, Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), Anaparthi, Kakinada District (Erstwhile East Godavari District). The Assistant Executive Engineer, Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), Rangampeta Mandal, Kakinada District (Erstwhile East Godavari District). 1. 2. 3. 4. ...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 Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent Nos. 2 to 4 in not taking any action and not completing the service connection vide Service No. 1471590899001630 of the Petitioner Agriculture land despite there being a direction made by the Consumer Grievances Redressal Forum, A.P.E.P.D.C.L., vide order dated 22.10.2024 wherein and whereby it is directed to release the agricultural service connection in favour of the petitioner and not complying the same as noting but illegal, arbitrary, erroneous, highhanded, violative Article 14 ai^d’ of The Constitution of India and consequently direct the 4 Respondents No. 2 to 4 to No. complete the process of service connection No. 1471590899001630 to the Petitioner Agriculture land.-— lA NO: 1 OF 2024-^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent Nos. 2 to 4 to complete the process of service connection vide Service No. 1471590899001630 of the Petitioner Agriculture land forthwith, pending disposal of the above Writ Petition. X Counsel for the Petitioner: SRI A. K. KISHORE REDDY - Counsel for the Respondent No.1 ; GP FOR ENERGY— Counsel for the Respondent Nos.2 to 4 : SRI V.V. SATISH, SC FOR APEPDCL The Court made the following: ORDER APHC010570322024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29865/2024 Between: Chekkapalli Durga Malleswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1.GP FOR ENERGY The Court made the following: ORDER: This writ petition is filed claiming the following relief: "...to issue a Writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents herein particularly Respondent Nos. 2 to 4 in not taking any action and not completing the service connection vide Service No.1471590899001630 of the petitioner Agriculture land despite there being a direction made by the Consumer Grievances Redressal Forum, APEPDCL vide order dated 22.10.2024 wherein and whereby it is directed to release the agricultural service connection in favour of the petitioner and not complying the same as nothing but illegal, arbitrary, erroneous, highhanded, violative of Articles 14 & 21 of the Constitution of India and consequently direct Respondent nos. 2 to 4 to complete the process of service connection No. 1471590899001620 of the petitioner Agriculture land.” 1. The case of the petitioner is that the petitioner paid an amount of Rs.18,975/- on 31.01.2024 as per the intimation served to him by the DISCOM authorities for release of supply to his agriculture service connection and later poles were erected by the DISCOM authorities, but stringing of conductor and erection of transformer works have not been completed by the authorities. Further, service number bearing No. 1471590899001630 was allotted to the petitioner, but the line work has not been completed. The petitioner alleged that, he has been losing crops as the supply has not been released to his agriculture bore well. Aggrieved thereby, the petitioner filed a complaint before 2. the Consumer Grievances Redressal Forum, APEPDCL, Visakhapatnam, wherein the Forum registered the complaint as C.G.No.301/2024 and allowed the grievance of the petitioner on 22.10.2024, directing the respondents to release the agricultural service connection in favour of the petitioner immediately. Though a specific direction was given to the respondents to release the agricultural service connection in favour of the petitioner, the respondents did not consider the same. Hence the present writ petition. 1*- 3. During hearing, learned counsel for the petitioner reiterated the contentions urged in the affidavit. He would submit that, even though the Forum specifically pointed that there are latches on the part of the DISCOM authorities and directed the respondents to release the agricultural service connection in favour of the petitioner and submit compliance report to the Forum within 15 days from the order, the respondents are not considering the same, therefore, learned counsel for the petitioner requested to grant the relief as sought in the writ petition. On the other hand, Sri V.V. Satish, learned Standing Counsel for Respondent Nos.2 to 4 - APEPDCL, in all fairness, accepts that the respondents did not provide agriculture service connection to the petitioner 4. and requested this Court to grant four weeks time to comply the orders of the Forum. 5. Having regard to the submissions made by learned counsel for the petitioner and concession made by learned Standing Counsel for APEPDCL, Respondent Nos.3 & 4 are specifically directed to comply with the orders of the Consumer Grievances Redressal Forum, APEPDCL, Visakhapatnam dated 22.10.2024, within four (04) weeks from the date of receipt of copy of this order. 6. With the above direction, writ petition is disposed of. No costs. 7. Consequently, miscellaneous applications pending if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECtrUN OFFICER To, 1. The Special Chief Secretary, Energy Department, State of Andhra Pradesh, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati Guntur District. 2. The Executive Engineer, Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), Rajamahendravaram, East Godavapr District. 3. The Deputy Executive Engineer, Andhra Pradesh Eastern Power ^stribution Company Limited (APEPDCL), Anaparthi, Kakinada District (Erstwhile East Godavari District). 4. The Assistant Executive Engineer, Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), Rangampeta Mandal . Kakinada District (Erstwhile East Godavari District). 5. One CC to Sri A. K. Kishore Reddy, Advocate [OPUC] 6. Two CCs to GP for Energy, High Court of Andhra Pradesh. [Otff] 7. One CC to Sri V.V. Satish, SC for APEPDCL(OPUC) 8. Three C.D. Copies. Cnr HIGH COURT ,-+1 DATED:29/01/2025 I 1 0 FEB 2025 | Current Section ORDER WP.No.29865 of 2024 DISPOSING THE W.P. WITHOUT COSTS