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2025 DAILYLAW 4897 (AP)

Buradagunta Sulochana rao, v. The State of Andhra Pradesh,

WP/2545/2025 · 2025-06-26

Subba Reddy Satti

body2025

Judgment text

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iT APHC010037492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2545 OF 2025 Between: Buradagunta Sulochana rao, S/o.Nallaiah, Aged about 54 years, Occupation Farmer, 522124. R/o. Kattempudi Village, Ponnur Mandal, Guntur District, A.P.- ...PETITIONER AND The State of Andhra Pradesh, Represented by its Principal Secretary, Power and Energy Department, Guntur District, Andhra Pradesh. The Assistant Executive Engineer Operations, APCPDCL, (Electricity Department), Kattempudi Village, Ponnur Mandal, Guntur District, A.P. The JAO, APCPDCL, Kattempudi Village, District, A.P 1. Secretariat Buildings, Velagapudi 2. 3. Ponnur Mandal, Guntur ...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 appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondent and 3 nos.2 is disconnecting electrical domestic No. 1722211000472 is illegal, arbitrary, violation of provision of electricity laws connection service and unconstitutional of India and consequently, direct the respondent nos.2 and 3 to immediately restore my electrical domestic connection service No. 1722211000472. 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 respondent nos.2 and 3 consider the Representation dated: 22-11-2025 and accordingly direct to restore the domestic connection service No. 1722211000472 in Kattempudi Village, Ponnur Mandal, Guntur District, A.P., pending adjudication of the main case pending disposal of the above writ petition. Counsel for the Petitioner: M/s. BANDARU RADHIKA Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 & 3:SRI V. V. SATISH (SC for APEPDCL) The Court made the following order: r APHC010037492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S;|S f [3331] FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2545/2025 Between: Buradagunta Sulochana Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.BANDARU RADHIKA Counsel for the Respondent(S): 1.GP FOR ENERGY 2.VVSATISH (SCforAPEPDCL) The Court made the following: :: ORDER :: The above writ petition has been filed to declare the action respondents 2 & 3 of in disconnecting the S.C.No.1722211000472, D.No.4-113-1, Kattempudi Village, Ponnur Mandal Guntur District, as illegal and arbitrary. power supply to 2. Heard Ms. Bandaru Radhika, learned counsel for the petitioner and Smt. Adarshitha, learned Junior Standing Counsel, appeared for respondents 2&3. % SRS,J W.P.No 2545 of 2025 \ 3. Learned counsel for the petitioner would submit that the respondent authorities released the power supply to the petitioner’s house bearing D.No.4-113-1 vide service connection No.1722211000472, long back. The petitioner used to pay monthly consumption bills. Be that as it may, the service connection was disconnected on 05.12.2023, without following the due process of law. Learned counsel would also submit that the petitioner made a representation dated 22.11.2024. Despite the same, the service connection was not restored. 4. 5. Smt. Adarshitha, learned Junior Standing Counsel submitted the instructions of the Assistant Executive Engineer, Operation, APCPDCL, Ponnur Rural. A perusal of said instructions would reveal that the service connection to the petitioner’s house was released in September 2007. Due to a cyclone in December 2023, the electrical pole from which the service connection is taken is broken and has fallen to the ground. Later, the damaged pole was removed and a new pole was erected in the place of the damaged pole. During the restoration of the power supply to the petitioner’s house, the neighbouring people opposed. Hence, the service connection could not be restored. 6. Thus, as seen from the instructions, there is no dispute regarding the release of power supply to the petitioner’s house in September 2007 and the disruption of power supply in December 2023 due to a cyclone. The Hon’ble Apex Court in Dilip (Dead) Through Lrs. v. Satish and others\ observed as follows: 7. ‘9. It is now well settled proposition of law that electricity Is a basic amenity of which a person cannot be deprived. Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to Issue no objection certificate. All that the electricity supply authority is '2022 see Online SC 810 SRS,J W.P.No.2545 of 2025 required ot examine is whether the applicant for electricity connection Is in occupation of the premises in question." Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondent No.2 to restore the power supply to the petitioner’s house bearing D.No.4-113-1, Kattempudi Village, Ponnur Mandal, Guntur District, keeping in view the provisions of the Electricity Act, 2003 and the General Terms and Conditions of Supply, as expeditiously as possible, preferably within two (02) weeks. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 8. Sd/- K. TATA RAO DEPUTY REGISTRAR r //TRUE COPY// SECTION OFFICER To, Principal Secretary, Power and Energy Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh. 2. The Assistant Executive Engineer Operations, APCPDCL, (Electricity Department), Kattempudi Village, Ponnur Mandal, Guntur District, A.P. 3. The JAO, APCPDCL, Kattempudi Village, Ponnur Mandal, Guntur District, A.P 4. One CC to M/s. Bandaru Radhika, Advocate [OPUC] 5. One CC to Sri V. V.Satish (SC for APEPDCL) [OPUC] 6. Two CCs to GP for Energy, High Court of Andhra Pradesh [OUT] 7. Two CD Copies 1. The ssb HIGH COURT DATED:27/06/2025 §5S OF ORDER WP No.2545 OF 2025 'p-X v \ \ inh '» M 2025 \0 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS