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2025 DAILYLAW 4203 (AP)

DIVIKOLU SUBBARAO v. THE STATE OF ANDHRA PRADESH

WP/1556/2025 · 2025-07-10

Subba Reddy Satti

body2025

Judgment text

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\ ' APHCQ10027812025 IN THE HIGH COURT OF ANDHRA PF AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY :. TWO THOUSAND AND TWENTY present the honourable SRI JUSTICE SUBBA WRIT PETITION OF 202S 0^ OF JULY FIVE REDDY SATTI Between; 1. Divikolu Subbarao, S/o. Ramaiah. aged about 46 years R/o. D. No. 2-46A, Mamillapalli Village banthamaguluru Mandal, Bapatia District, A.P. 2. Gandru Krish naveni, W/o. Srinivasa Rao, aged about 48 R/o. D. No. 2-15, Mamillapalli Village, '->anthamaguluru Mandal years Bapatia District, A.P. 3. Chinthalapudi Nageswara Rao S/o. Masthan, aged about 52 years, R/o. p. No. 2-174/A, Mamillapalli Village, oanthamaguluru Mandal, Bapatia District, A.P. 4. Pusukuri Pothuraju, S/q. Ramaiah, aged about 42 years, R/o. p. No. 1-51 Cl, Mamillapalli Village Panthamaguluru Mandal, Bapatia 5. Shaik Khajavali, S/o. Meera Saheb, aged about 51 R/o. D. No. 1-311, Kundurru Village oanthamaguluru Mandal, Bapatia District, A.P. 6. Shaik Bude Saheb, S/o. Mavula Saheb, aged about 73 y- R/o, D. No. 2-80, Mamillapalli Village Santhamaguluru Mandal, Bapatia District 7. Avula Rathaiah, S/o. Venkata Subbaiah, aged about 43 years R/o, D. No. 2-64, Mamillapalli Village Santhamaguluru Mandal, Bapatia District District, A.P. years years , A.P. I A.P. © 8. Avula Chinna Raghavulu, S/o. Venkata Subbaiah, aged about 48 years, R/o. Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P. 9. Chinthalapudi Suresh, S/o. Naraiah, aged about 50 years, R/o. Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P. 10. Chimata Rainbabu, S/o. Veeraiah, aged about 37 years, R/6. D. No. 1-111/A, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P. 11. Uppalapati Naga Subbamma, W/o. Nageswara Rao, aged about 53 years, R/o. D. No. 1-26/B, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P. 12. Dudekula @ Noor Basha Chinna Mastan, S/o. Pedda Pulla Saheb, aged about 75 years, R/o. D. No. 2-68, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P. 13. Peddeti Yesu, S/o. Pothu Raju, aged about 49 years, R/o. D. No. 1-36a, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P. 14. Bommidi Guravaiah, S/o. Chinna Veeraiah, aged about 48 years, R/o. D. No. 1-115C, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P. 15. Muraboina Brahmaiah, S/o. Venkateswara Rao, aged about 54 years, R/o. D. No. 2-197, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P. ...Petitioners And 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Energy Department, Secretariat, Velagapudi, Arnaravathi 2. A.P. Central Power Distribution Company Limited (APCPDCL), Rep. by the Chairman and Managing Director Beside Polytechnical College, ITI Road, Vijayawada, N.T.R. District, A.P. 3. The District Collector, Bapatia District, Bapatia 4. The Superintending Engineer, Operations, APCPDCL, Guntur Circle, Guntur, Guntur District, A.P. 5. The Executive Engineer, Operation Division, APCPDCL Bapatia, Bapatia District, A.P. 6. The Deputy Executive Engineer Operations, APCPDCL, Martur, Bapatia District, A.P, 7. The Assistant Executive Engineer, Operations, APCPDCL, Santhamaguluru, Bapatia District, A.P. ...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 direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in not providing service connections and installing transformers in the agricultural lands of the Petitioners situated in Mamillapalli Village of Santhamaguluru Mandal, Bapatia District even after receiving installation charge fees from the Petitioners as highly illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of India and direct the Respondent authorities to provide connections and install transformers immediately in the agricultural lands of the Petitioners situated at Mamillapalli Village of Santhamaguluru Mandal, Bapatia District by considering their applications. service lA NO: 1 OF 202fi 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 pass an interim order by directing the Respondent authorities to written representations dated 07.10.2024, 04.11.2024 and legal 11.10.2024 submitted by the Petitioners, until disposal of the writ Counsel for the Petitioners: SRI SRINIVASA RAO NARRA Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2, 4 to 7:SRI V. V. APCPDCL Counsel for the Respondent No.3:GP FOR REVENUE The Court made the following order: consider the notice dated petition. SATISH, SC FOR ■ APHC010027812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1556/2025 Between: 1. DIVIKOLU SUBBARAO, S/0. RAMAIAH, AGED ABOUT 46 YEARS, R/0. D. NO. 2-46A, MAMILLAPALLI VILLAGE, SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P. 2. GANDRU KRISHNAVENI,, W/0. SRINIVASA RAO, AGED ABOUT 48 R/0. D. NO. 2-15, MAMILLAPALLI VILLAGE, YEARS SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P 3. CHINTHALAPUDI NAGESWARA RAO S/0. MASTHAN, AGED ABOUT 52 YEARS, R/0. D. NO. 2-174/A, MAMILLAPALLI VILLAGE, SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P j) 4. PUSUKURI POTHURAJU YEARS, SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P S/0. RAMAIAH, AGED ABOUT 42 R/0. D. NO. 1-51 CL, MAMILLAPALLI VILLAGE, ) j 5. SHAIK KHAJAVALI,, S/0. MEERA SAHEB, AGED ABOUT 51 YEARS, R/0. D. NO. 1-311, KUNDURRU VILLAGE, SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P. 6. SHAIK BUDE SAHEB,, S/0. MAVULA SAHEB, AGED ABOUT 73 R/0. D. NO. 2-80, MAMILLAPALLI VILLAGE, YEARS SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P. 7. AVULA RATHAIAH,, S/0. VENKATA SUBBAIAH, AGED ABOUT 43 YEARS R/0. D. NO. 2-64, MAMILLAPALLI VILLAGE SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P. 2 SRS,J W.P.No.l556of2025 8. AVULA CHINNA RAGHAVULU ABOUT 48 S/0. VENKATA SUBBAIAH, AGED VILLAGE, YEARS, R/0. SANTHAMAGULURU MANDAL, BAPATIA DISTRICT , A.P. s/o. naraiah, aged about manual, B^ATrA^T'A.p"'^^"'^"' SANTHAMAGULURU 50 10.CHIMATA RAMBABU,, S/O. VEERAIAH, AGED ABOUT 37 YEARS o/vM-p,. 1-111/A, MAMILLAPALLI SANTHAMAGULURU MANDAL, BAPATIA DISTRICT SUBBAMMA,, W/0. NAGESWARA RAO AGED about 53 YEARS, R/0. D. NO. 1-26/B, MAMILLAPALLI V^LLACF SANTHAMAGULURU MANDAL, BAPATIA DISTRICT R/6. D. NO. VILLAGE A.P. A.P. 12.DUDEKULA @ NOOR BASHA CHINNA PULLA SAHEB, AGED ABOUT MASTAN,, S/O. PEDDA R/0. D. NO. 2-68, MANDAL, BAPATIA 75 YEARS MAMILLAPALLI VILLAGE, SANTHAMAGULURU DISTRICT, A.P. 13.PEDDETI YESU,, S/O. POTHU “ R/0. D. NO. 1-36A, MAMILLAPALLI MANDAL, BAPATIA DISTRICT. A.P RAJU, AGED ABOUT 49 YEARS, VILLAGE, SANTHAMAGULURU 14.BOMMIDI GURAVAIAH, S/O YEARS CHINNA VEERAIAH, AGED ABOUT 48 1-115C, MAMILLAPALLI SANTHAMAGULURU MANDAL, BAPATIA DISTRICT R/0. D. NO. VILLAGE, A.P. 15.MURABOINA BRAHMAIAH,, S/O. VENKATESWARA RAO AGED ABOUT 54 YEARS, R/0. D. NO. 2-197, MAMILLAPALU SANTHAMAGULURU MANDAL, BAPATIA DISTRICT VILLAGE , A.P. ...PETITIONER{S) AND 1. THE STATE OF ANDHRA PRADESH DEPARTMENT, REP. BY ITS PRI. SECRETARY SECRETARIAT, ENERGY VELAGAPUDI, AMARAVATHI POWER DISTRIBUTION COMPANY APCPDCL, rep. by the CHAIRMAN AND MANAGING DIRECTOR, LIMITED 3 SRS,J W.P.No.l556of2025 BESIDE POLYTECHNICAL COLLEGE, ITI ROAD, N.T.R. DISTRICT, A.P. VIJAYAWADA 3.THE DISTRICT COLLECTOR, BAPATIA DISTRICT, BAPATLA. 4.THE SUPERINTENDING ENGINEER, OPERATIONS, APCPDCL GUNTUR CIRCLE GUNTUR, GUNTUR DISTRICT, A.P. 5.THE EXECUTIVE ENGINEER, OPERATION DIVISION, APCPDCL BAPATLA, BAPATLA DISTRICT, A.P. 6.THE DEPUTY EXECUTIVE ENGINEER, OPERATIONS, APCPDCL, MARTUR, BAPATLA DISTRICT, A.P. 7.THE ASSISTANT EXECUTIVE ENGINEER, OPERATIONS, APCPDCL, SANTHAMAGULURU, BAPATLA DISTRICT, A.P. ...RESPONDENT(S): 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 tomay be pleased to issue a Writ, Order direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in not providing service connections and installing transformers in the agricultural lands of the Petitioners situated in Mamillapalli Village of Santhamaguluru Mandal, Bapatia District even after receiving installation charge fees from the Petitioners as highly illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of India and direct the Respondent authorities to provide service connections and install transformers immediately in the agricultural lands of the Petitioners situated at Mamillapalli Village of Santhamaguluru Mandal, Bapatia District by considering their applications and pass such 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 may be pleased to pass an interim order by directing the Respondent authorities to consider the written representations dated 07.10.2024, 04.11.2024 and legal notice dated 11.10.2024 submitted by the Petitioners, until disposal of the writ petition and pass such . J 4 SRS,J W.P.No.l556of2025 Counsel for the Petitioner{S): 1.SRINIVASA RAO NARRA Counsel for the Respondent(S): 1.GP FOR ENERGY 2.GP FOR REVENUE 3.VVSATISH The Court made the following order: Heard Sri M. Narendar Babu Srinivasa Rao Narra, learned learned counsel representing respondents 2 learned counsel representing Sri counsel for the petitioners and Ms. Priyanka, 4 to 7. 2. Impugning the action of respondents 4 to 7 in not releasing the power connection and installing the transformers in the agricuitural lands of the petitioners, in Mamillapalli Village of Santhamaguluru Mandal receiving the necessary charges, the Bapatia District, even after present Writ Petition has been filed. 3. The learned counsel for the petitioners would submit that the petitioners are farmers having lands in different Mamillapalli Village. The petitioners survey numbers in made applications for the release of the power supply and made March, 2024. The petitioners also 04.11.2024 and 13.11.2024, necessary payments in the years May, 2023 and made representations, dated 07.10.2024, to provide service connections by installing - 5 SRS,J W-P.No.1556 of2025 to issue the transformers, etc. However, the respondents 4 to 7 failed connections. Ms. Priyanka, learned instructions of the Assistant Executive part of the instructions reads counsel for the respondents, has submitted respondent. The operative Engineer/ 7'^ as follows; /s ot swb/7?/f otaf ote 14 others at Mamillapalli applied for petitioner Sri Divikotu Subbarao Village, Santhamaguluru and Mandai egricultural purpose. Further, /. i/ Deepak (Assistant Executive Engineer, petitioners 11kv discs, 11kv metal sets etc are not receipt of above completed as no intentilon of Operation, Santhamguiur) gi due to some given a reply to the of matching materials tike as parts, 1 ikv pm insulators and 11 hg fuse available at district stores, Ongole. On material work will be approved estimate, stopping the execution commenced and Morevoer, ' work. ” per we have 5. As seen from the instructions, there i making applications connections. The instructions the district stores. - IS no dispute regarding the payments to release petitioners and the power necessary materials at would indicate a lack of 6. Given in the facts and ciCircumstances, this Writ Petition is counsel on the power supply to the disposed of, at the stage of admission with the consent of either both s,des, directing the respondents 4 to 7 to release 6 SRS, J J W.P.No.1556 of 2025 petitioners by following the procedure under law, within two (02) months from the date of receipt of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SE N OFFICER To 1. The PrI. Secretary, Energy Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi 2. The Chairman and Managing Director, A. P. Central Power Distribution Company Limited, APCPDCL, Beside Polytechnical College, ITI Road, Vijayawada, N.T.R. District, A.P. 3. The District Collector, Bapatia District, Bapatla. 4. The Superintending Engineer, Operations, APCPDCL, Guntur Circle Guntur, Guntur District, A.P. 5. The Executive Engineer, Operation Division, APCPDCL, Bapatla, Bapatla District, A.P. 6. The Deputy Executive Engineer, Operations, APCPDCL, Martur, Bapatla District, A.P. 7. The Assistant Executive Engineer, Operations, APCPDCL, Santhamaguluru, Bapatla District, A.P. 8. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC 9. One CC to Sri V.V. Satish, SC for APCPDCL[OPUC] 10. Two CCs to GP for Energy, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. ssb HIGH COURT DATED:11/07/2025 anos;^ S> ' ORDER WP No.1556 OF 2025 If M m . Current Section . ^ DISPOSING OF THE W.P. ADMISSION WITHOUT COSTS AT THE STAGE OF