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2025 DAILYLAW 46819 (AP)

KIRRA SRINIVASA RAO v. THE STATE OF AP

WP/1785/2025 · 2025-09-14

Gannamaneni Ramakrishna Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010035432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1785/2025 Between: 1. KIRRA SRINIVASA RAO, S/O.PAIDAYYA, AGED ABOUT 49 YEARS, R/O.H.NO.3-5-106/LRH/203, LAKSHMI RAGHAMAYEE HEIGHTS, KUKATPALLY, BAGHAMEER, HYDERABAD, TELANGANA STATE- 520 072. ...PETITIONER AND 1. THE STATE OF AP, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED, REP. BY ITS CHAIRMAN AND MANAGER DIRECTOR, VISAKHAPATNAM, VISAKAHAPATNAM DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, AGANAMPUDI SUB- DIVISION, APEPDCL, KASIMKOTA DIVISION, ANAKAPALLI DISTRICT. 5. THE EXECUTIVE ENGINEER, APEPDCL, KASIMKOTA DIVISION ANAKAPALLI DISTRICT. 2 6. THE SUPERINTENDENT ENGINEER, APEPDCL, ANAKAPALLI DIVISION, ANAKAPALLI, ANAKAPALLI DISTRICT. 7. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM REVENUE DIVISION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8. THE TAHSILDAR, GAJUWAKA MANDAL, GAJUWAKA, VISAKHAPATNAM DISTRICT. 9. RAAVI BHASKARA RAO, S/O.PEDDAABBAYYI, AGED ABOUT 50 YEARS R/O.DESAPATRUNIPALEM VILLAGE, PARAVADA MANDAL, ANAKAPALLI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR ENERGY 2. V V SATISH (SC for APEPDCL) The Court made the following: ORAL ORDER: Heard Sri Sai Gangadhar Chamarthy, learned Counsel for the Writ Petitioner, Ms. K. Swaroopa Rani, learned Assistant Government Pleader for Energy and Ms. Kothapalli Aishwarya Chowdary, learned Counsel representing Sri V.V.Satish, learned Standing Counsel for A.P.E.P.D.C.L. 2. Ms. Kothapalli Aishwarya Chowdary, learned Counsel representing Sri V.V.Satish, learned Standing Counsel for A.P.E.P.D.C.L. has submitted the Written Instructions furnished by the Deputy Executive Engineer, Operations, Aganampudi, dated 14.09.2025, dated 14.09.2025. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. 3 3. The relevant portion of the Written Instructions is usefully extracted hereunder: “Current Status and grounds for not considering: ➤ The Petitioner i.e., Sri. Kirra Srinivasa Rao is presently in occupation and utilizing power supply at the scheduled property. ➤ It is submitted that the respondents of APEPDCL have never disconnected the service connections of the petitioner instead we have informed/served notices whenever the complaints were raised by both the parties i.e., the petitioner and the 9th respondent herein in WP.No.1785 of 2025.” 4. Learned Counsel for the Petitioner submits that the dispute between the Petitioner and the 9th Respondent has been carried to the Civil Court. 5. It is submitted that the Writ Petitioner has filed O.S.No.434 of 2023, which is pending before the Civil Judge (Junior Division), Gajuwaka, for seeking Permanent Injunction. The Petitioner/Plaintiff also filed Interlocutory Application I.A.No.1300 of 2023, seeking Temporary Injunction under Order XXXIX, Rules 1 & 2. The Civil Judge (Junior Division), Gajuwaka, vide Order dated 03.11.2023, has granted an ad-interim Injunction restraining the Defendant (Respondent No. 9) (Ex.P.4) from interfering with the peaceful possession of the Petitioner. 6. Having regard to the Written Instructions as well as the Interim Injunction, this Court deems it appropriate to dispose of the Writ Petition at the admission stage without going into merit, directing the Respondents to act in accordance with law and by giving due regard to the Proceedings pending before the Civil Judge (Junior Division), Gajuwaka, in I.A.No.1300 of 2023 in O.S.No.434 of 2023 by responding to the interim and final Orders passed therein. 7. With these observations and directions, this Writ Petition is disposed of. No order as to costs. 4 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 15.09.2025 DSV 5 267 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1785/2025 15.09.2025 DSV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 1785/2025 PROCEEDING SHEET Sl. No DATE ORDER Office Note 4. 15.09.2025 GRKP, J Writ Petition is disposed of. (vide separate order) ___________ GRKP, J DSV