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High Court of Andhra Pradesh · body

2025 DAILYLAW 50629 (AP)

Uppili Gopi, v. State of Andhra Pradesh,

WP/18485/2015 · 2025-04-30

Subba Reddy Satti

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH (Special OriginaJ^risdiction), TIHURSDAY, THE FIRST DAY OF TWO THOUSAND AND TWENTY FIVB-^ AMARAV^ MAY PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18485 OF 2015 Between: Uppili Gopi, S/o. Appa Rao, Aged about 28 years, Occ: Daily Labour, R/o. D.No.18-441/1/2, Santhapalem, China Gadili, Visakhapatnam District. ...PETITIONER AND 1. State of Andhra Pradesh, Represented by its Principal Secretary, Department of Energy, Andhra Pradesh, Secretariat Buildings, Hyderabad. 2. Assistant Divisional Engiiheer (Operation) A.P.E.P.D.C.Ltd., GopalapatnamA/isakhapatnam District. 3. Snit. G.N. Jayalaxmi, W/o. Rami Reddy, Aged about 45 Years, R/o. Flat No.302, Suryakarrthi Residency, Vegetable Market Road, Sri Nagar, Visakhapatnam, Visakhapatnam District. — Sub Division, ‘ ...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 the 2nd Respondent in disconnecting the power supply to petitioner’s premises asbestos shed with f' Assessment No. 218 in Sy.No.26/1 China Gadili Village of Peda Gadili Gram Panchayat, Santhapalem, within the limits of Vishakhapatnam Municipal Corporation as illegal, arbitrary, and without jurisdiction. I.A. NO: 1 OF 2015(WVMP. NO: 3792 OF 2015^ Between: Assistant Divisional Engineer (Operation), Sub Division, A.P.E.P.D.C.Ltd. Gopalapatnam Visakhapatnam District. ...PETITIONER/RESPONDENT N0.2 AND 1. Uppili Gopi, S/o. Appa Rao, Aged about 28 years, Occ: Daily Labour, R/o. D.No.18-441/1/2, Santhapalem, China Gadili, Visakhapatnam District. ... RESPONDENT/ PETITIONER 2. State of Andhra Pradesh, Represented by its Principal Secretary, Department of Energy, Andhra Pradesh, Secretariat Buildings, Hyderabad. 3. Smt. G.N. Jayalaxmi, W/o. Rami Reddy, Aged about 45 Years, R/o. Flat No.302, Suryakanthf Residency, Vegetable Market Road, Sri Nagar, Visakhapatnam, Visakhapatnam District. ...RESPONDENTS/ RESPONDENTS N0.1 & 3 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 vacate the interim orders passed dated 24.06.2015 in WPMP.No; 23914 of 201^|n WP.No. 18485 of 2015 and dismiss the writ petition. I.A. NO: 2 OF 2015rWPMP. NO: 23914 OF 2015) 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 2nd Respondent herein to give power supply to petitioner’s premises asbestos "shed with Assessment No. 218 situated in Sy.No.26/1 ChTna Gadili Village of Peda Gadili Gram Panchayat, r Santhapalem, within the limits of Vishakhapatnam disposal of the above writ petition. forthwith pending Counsel for the Petitioner: M/S. D.GAYATHRI Counsel for the Respondent No.1: GP FOR ENERGY^ Counsel for the Respondent No.2: MS. ISWARYA REPRESENTING SRI V V SATISH (SC FOR APEPDCL) Counsel for the Respondent No.3: SRI E VV S RAVI KUMAR The Court made the following: ORDER APHC010585502015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Sr^iS [3331] I.. THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18485/2015 Between: Uppili Gopi, ...PETITIONER AND State Of Andhra Dkadesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.D.GAYATHRI Counsel for the Respondent(S): 1. VV SATISH (SC for APEPDCL) 2.GP FOR ENERGY (AP) 3.M RAVINDRA (SC FOR APEPDCL) 4.M RAVINDER 5.E VVS RAVI KUMAR The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent No.2 in disconnecting the power supply to the petitioner’s asbestos shed bearing SRS,J W,P No.18485 of 2015 assessment No.218 in Sy.No.26/1 of China Gadili Village, Peda Gadili Gram Panchayat, Santhapalem, without issuing any notice, is illegal and arbitrary. 2. Heard learned counsel appearing on either side. On 24.06.2015, an interim direction was given to the respondents to restore the power supply to the petitioner, subject to the petitioner’s payment of monthly charges, without fail. 3. .sj». 4. Learned counsel for the petitioner would submit that the petitioner has been paying monthly consumption charges regularly. Learned counsel also would submit that the power supply was disconnected at the behest of respondent No.3, due to civil disputes in O.S.No.261 of 2014, on the file of the learned II Addl. Senior Civil Judge, Visakhapatnam. He also would submit that respondent Lr.No.ADE/O/GPT/D.No.1283/14, No.2 issued show-cause notices (Ex.P1) Lr.No.ADE/O/GPT/D.No.221/15, dated 02.03.2015 (Ex.P2), directing the petitioner to produce the relevant documents. The petitioner submitted an explanation dated 19.03.2015 (Ex.P3), contending that the property is ancestral. Without considering the explanation, the respondent authorities disconnected the power supply. However, in pursuance of the interim order, the power supply was restored. vide dated 28.11.2014 and Ms. Iswarya, learned counsel representing Sri V.V. Satish learned Standing Counsel appearing for respondents 1 & 2, would submit that the power supply was restored and the petitioner has been paying monthly consumption charges regularly. Learned counsel also would submit that respondent No.2 will follow the due process of law. 5. Given the facts and circumstances of the case and since the power supply was restored to the petitioner’s premises, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel. 6. SRS,J W P No, 18485 of 2015 directing the respondent No.2 to follow the procedure mandated under Section 56 of the Electricity Act, 2003 and the General Terms and Conditions of Supply, scrupulously, if any further action is required concerning the service connection referred to supra. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Principal Secretary, Department of Energy Andhra Pradesh cretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Assistant Divisional A.P.E.P.D.C.Ltd., I Engineer (Operation), Sub Division Gopalapatnam Visakhapatnam District. [BY RPAD] ’ 3. One CC to M/s. D Gayathri, Advocate [OPUC] 4. Two CCs to GP for Energy, High Court of Andhra T 5. One CC to Sri V V Satish (SC for APEPDCL) Advocate 6. One CC to Sri E VV S Ravi Kumar Pradesh. [OUT] [OPUC] Advocate [OPUC] 7. Three CD Copies TF (gsg) s’-' •- HIGH COURT DATED:01/05/2025 ORDER WP.No.18485 of 2015 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS