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2025 DAILYLAW 50655 (AP)

KOTA NAGAMUNEMMA v. The State of Andhra Pradesh

WP/27204/2025 · 2025-10-06

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

::1:: APHC010513962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27204/2025 Between: 1. KOTA NAGAMUNEMMA, W/O. LATE BALANARAYANA REDDY AGED ABOUT- 51 YEARS, OCC- HOUSEWIFE, R/O. JANDLAVARAM VILLAGE, MYDUKURU MANDAL, NANDYALAMPETA REVENUE VILLAGE, YSR KADAPA DISTRICT - 516172. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY, APSPDCL., REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, BESIDE POLYTECHNIC COLLEGE, ITI ROAD, VIJAYAWADA, NTR DISTRICT - 520008. 3. THE CHIEF ENGINEER APSPDCL, MAHENDRANAGAR, GOLLAPUDI, VIJAYAWADA - 521225. 4. THE SUPERINTENDING ENGINEER, APSPDCL., BUCKINGHAMPETA, VIJAYAWADA - 520002. 5. THE ASSISTANT EXECUTIVE ENGINEER, APSPDCL., 95/256, TELUGU GANGA COLONY, MAMILLAPALLI, YSR KADAPA DISTRICT - 516002. 6. THE VILLAGE REVENUE ASSISTANT, JANDLAVARAM VILLAGE, MYDUKURU MANDAL NANDYALAMPETA REVENUE VILLAGE, YSR KADAPA DISTRICT - 516172. 7. SYED MAHABOOB CHAND, W/O. SYED SHILAR 2 AHAMED, R/O. JANDLAVARAM VILLAGE, MYDUKURU MANDAL, NANDYALAMPETA REVENUE VILLAGE, YSR KADAPA DISTRICT - 516172. 8. AHAMED KHAJA BEE, R/O. JANDIAVARAM VILLAGE, MYDUKURU MANDAL, NANDYALAMPETA REVENUE VILLAGE, YSR KADAPA DISTRICT - 516172. ...RESPONDENT(S): This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue Writ, Order or Direction one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in erecting electricity service connection in the petitioners subject land, without any notice or opportunity to the petitioner, installed in the name of respondent Nos. 7 and 8, by creating false and forged documents as illegal, arbitrary, unjust, unlawful, violative of Art. 14 and 21 of Constitution of India and violative of Principles of Natural Justice and also violative of the Andhra Pradesh Electricity Act and consequently direct the respondents to remove the said illegally erected electricity service connection in the petitioners subject land in the interest of justice and to pass 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent Nos. 1 and 6-Energy 3 Department and the learned Standing counsel for APSPDCL appearing for the respondent Nos.2 to 5. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject land, admeasuring to an extent of Ac.3.98 cents in Sy. No.1062, situated at Jandlavaram Village, Mydukuru Mandal, Nandyal District, Nandyalampeta Revenue Village, YSR Kadapa District. The petitioner was issued a pattadar passbook and title deed in respect of the subject land, and her name was also duly mutated in the revenue records as the pattadar and possessor. While things stood thus, the unofficial respondents Nos.7 and 8 herein allegedly created forged and fabricated documents regarding the title deeds and ownership of the petitioner’s subject land in Sy. No.1062, and illegally dugged a borewell and obtained an electricity service connection therein. Pursuant to such illegal digging of the borewell and obtaining electricity service connection over the petitioner’s subject land, the petitioner submitted a representation to the 4th respondent on 18.08.2025, requesting for disconnection of the electricity service connection in respect of her property of land in Sy. No.1062. However, even after receipt of the said representation, the respondent authorities neither considered the same nor initiated any 4 action against the unofficial respondents Nos.7 and 8, which is contrary to law, illegal, and violative of the principles of natural justice. Hence, the present writ petition. 4. On the other hand, the learned standing counsel for respondent Nos.2 to 5 furnished written instructions dated 07.10.2025 issued by the 5th respondent, wherein it is stated that, as per the revenue records, the respondent authorities did not grant any electricity service connection in respect of the land in Sy. No.1062. It is further stated that the electricity service connection was granted only in Sy. No.1287/3, and therefore, the allegation of the petitioner is not true and correct. 5. Considering the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondent Nos. 1 and 6 Energy Department and the learned Standing counsel for APSPDCL appearing for the respondent Nos.2 to 5 and on perusal of the written instructions issued by the 5th respondent, the claim of the petitioner is that, the respondent authorities granted electricity service connection in respect of the subject land in Sy.No.1062, without considering her ownership, appears to be not correct and is contrary to the revenue records. As per the written instructions, it is revealed that no electricity service 5 connection was granted in favour of the unofficial respondent Nos.7 and 8 in respect of the subject land in Sy. No.1062, as alleged by the petitioner, and that the said service connection relates only to Sy.No.1287/3. With regard to the other contention of the learned counsel for the petitioner, the alleged fabrication of documents and unlawful occupation of the petitioner’s land in Sy.No.1062, the same is constitutes a civil dispute between the petitioner and the unofficial respondents. Such dispute is required to be resolved by initiating appropriate proceedings before the competent civil court of law. Therefore, the petitioner is hereby directed to avail the alternative remedy by invoking appropriate proceedings before the competent civil court of law. Accordingly, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 07.10.2025 klk 6 161 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.27204 of 2025 07.10.2025 klk