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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11891 OF 2025 Between: Sarnala Sri Rama Murthy, S/o. Venkateswara Rao, Age 49 years, Occ: Cultivation, R/o. 1-30, B.C.Colony, Venkatakrishnapuram Village, Dwaraka Tirumala Mandal,Eluru District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Power and Renewable Energy Department, Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Chairman and Managing^irector, Eastern Power Distribution Company of Andhra Pradesh Limited, 50-27-5/1, TPT Colony, Seethammadhara, Visakhapatnam, Visakhapatnam District. 3. Superintending Engineer (Operation), Eastern Power Distribution Company of Andhra Pradesh Limited Eluru, Eluru District. 4. The Divisional Engineer, Eastern Power Distribution Company of Andhra Pradesh Limited Eluru, Eluru District. -
5. The Executive Engineer, Eastern Power Distribution Company of Andhra Pradesh Limited, Eluru, Eluru District. 6. The Asst. Divisional Engineer (Electrical), Power Distribution Company of Andhra Pradesh Ltrd., Bhimadole Mandal, Bhimadole, Eluru District. 7. Assistant Engineer (Electrical), Eastern Power Distribution Company of Andhra Pradesh Limited, Dwaraka Tirumala, Eluru District. / // /
8. Sarnala Nageswara Rao, S/o Not Known, Occ: Cultivation, R/o. B.C. Colony, Venkatakrishnapuram Village Dwaraka Tirumala Mandal, Eluru 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, in trying to form electricity line along with poles through petitioners land admeasuring an extent of Ac.1.30 cents covered by S.No.231/3 situated in Venkatakrishnapuram Revenue Vltlage of Dwaraka Tirumala Mandal in Eluru District, by destroying 60 coconut trees, by ignoring beneficiaries land of 8th respondent without damage, as illegal, irregular, irrational, violative of principles of natural justice, violative of provisions of The Electricity Act, 2003 and rules and Regulations framed there under and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents not to form electrical line along with poles through the said lands of petitioner.
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 consider and initiate necessary actions on petitioner representation dt.22.Cr4.2025 and consequently direct the respondents not to form electrical line along with poles through the land of petitioner admeasuring an extent of Ac.1.30 cents covered by S.No. 231/3 situated in Venkatakrishnap uram Revenue Village of Dwaraka Tirumala Mandal in Eluru District, pending disposal of the main Writ Petition. % Counsel for the Petitioner: M/s. NIMMAGADDA REVATHI Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 to 7: SRI V.V.SATISH, SC FOR APEPDCL Counsel for the Respondent No.8:-- The Court made the following: ORDER
0 APHC010226512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE SUBBA WRIT PETITION NO: 11891/2Q2fi [3331] REDDY SATTI Between: Sarnala Sri Rama Murthy ...PETITIONER AND The State Of Ap and Others Courisel for the Petitioner:
1. NIMMAGADDA REVATHI Counsel for the Respondent(S):
.1.GP FOR ENERGY ...RESPONDENT(S) The Court made the following ORDER: Heard Sri T.Praveen Smt.Nimmagadda Revathi, Ms.Aishwarya, learned counsel Kumar,
learned counsel
learned counsel for representing the petitioner and representing Sri V.V.Satish; learned standing counsel for respondents 2 to 7. Notice in respect of the 8'^ respondent is passed affecting his rights and dispensed with since no adverse order i interests. IS
2. The above writ petition is filed to declare the action of trying to form electricity line along admeasuring respondents in with poles through petitioner’s land an extent of Ac. 1-30 cents in Sy.No.231/3 in
Venkatakrishnapuram Revenue Village of Dwaraka District by destroying 60 coconut trees, Tirumala Mandal, Eluru as illegal and arbitrary.
3.
Learned counsel for the petitioner would owner of the property admeasuring submit that the petitioner is the an extent of Ac. 1-30 cents in Sy. No.231/3 of Venkatakrishnapuram Revenue Village of Dwaraka Tirumala Mandal, Eluru District. The respondent authorities intended to provide poultry farm situated a power supply to a s property. The a power supply. The respondents 4 and 5 ' Southern side, and in that petitioner’s coconut trees. On respondent and his workmen trespassed petitioner’s land and attempted to destroy the made a representation on 22.04.2025 (Ex.P.1) on the Northern side of the petitioner poultry unit has been provided with are contemplating laying an additional line from the r process, damage may be caused to the 16.04.2025, the ont|^ the coconut trees. The petitioner
4. Learned Standing counsel submitted iinstructions of Assistant Engineer, In the instructions, it was mentioned Operation Section, Dwaraka Tirumala. that the 8*'^ respondent has a service connection in Category-ll to the poultry farm with SC No,1514191143000766. He applied to change the AGL Supply to 24 24-hour supply under the RDSS Scheme To lay the line, the department has to pass through the petitioner’s land, and the coconut trees land. The petitioner objected that the line are on the would damage his coconut trees. The authorities have examined the area, and the petitioner’s land is inside the panchayat road. There are around 24 coconut trees. Out of these , 16 are small and 8 are tall. The authorities informed the petitioner that the side cross coconut trees, authorities will arms will be levied, so that Learned standing counsel would consider the petitioner’s representation before no damage will be caused to the further submit that the proceeding further. 5. Given the facts and cicircumstances of the case and considering the instructions of the Assistant Engineer, the writ petition is disposed of at the counsel on either side directing consider the representation dated 22.04.2025 admission stage, with the consent of learned the respondents 4 to 7 to
(Ex. P.1) made by the petitioner, before changing the respondent from Categoty-ll to AGL supply under RDSS scheme, by taking all necessary measures or precautions, strictly as per the Rules. No order as to costs. power supply of the 8 As a sequel, pending miscellaneous petitions, if any, shall stand closed Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1.
The Principal Secretary to Government, Power and Renewable Energy Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Chairman and Managing Director, Eastern Power Distribution Company of Andhra Pradesh Limited, 50-27-5/1, TPT Colony, Seethammadhara, Visakhapatnam, Visakhapatnam District. 3. Superintending Engineer (Operation), Eastern Power Distribution Company of Andhra Pradesh Limited Eluru, Eluru District. 4. The Divisional Engineer, Eastern Power Distribution Company of Andhra Pradesh Limited Eluru, Eluru District. 5. The Executive Engineer, Eastern Power Distribution Company of Andhra Pradesh Limited, Eluru, Eluru Dis^trferr^
6. The Asst. Divisional Engineer (Electrical), Power Distribution Company of Andhra Prad,esh Ltrd., Bhimadole Mandal, Bhimadole, Eluru District. 7. Assistant Engineer (Electrical), Eastern Power Distribution Company of Andhra Pradesh Limited, Dwaraka Tirumala, Eluru District. 8. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC]
9. One CC to Sri V.V. Satish, SC for APEPDCL[OPUC]
10. Two CCs to GP for Energy, High Court of Andhra Pradesh. [OUT]
11. Three CD Copies. To, ssb
✓ HIGH COURT DATED;05/05/2025
ORDER WP.No.11891 of 2025 g 0«OCT2W5 m 'Br. <oi ^ ^ Current Section . X£fSPATCH^ DISPOSING OF THE W.P. AT THE STAGE ADMISSION WITHOUT COSTS OF