APHC010374012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19860 OF 2025 Between: 1. Podugu Guru Murthy,, S/o.Nookanna, Aged about 70 years, R/o.D.No. 10- 36-256, Krishna Colony, Near Kumaripalem Village, Bheemunipatnam Mandal, Visakhapatnam-531 163, A.P ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Energy Department, Secretariat, Velagapudi Amaravati, Guntur District, 2. The Assistant Executive Engineer/Operation, Andhra Pradesh Eastern Power Distribution Company Ltd., Bheemili, Visakhapatnam, A.P. 3. The Deputy Executive Engineer/Operation, Andhra Pradesh Eastern Power Distribution Company Ltd Bheemili, Visakhapatnam, A.P. 4. The Executive Engineer/Operation, Andhra Pradesh Eastern Power Distribution Company Ltd., Zone-3, Visakhapatnam, A.P. 5. The Superintending Engineer, Andhra Pradesh Eastern Power Distribution Company Ltd., Visakhapatnam, A.P. 6. The Vidyut Ombudsman, 3rd Floor, Plot No.38, Adjacent to Kesineni Admin.Office, Sri Ramacharidra Nagar, Mahanadu Road, Vijayawada - 08. 7. Pulugu Pedda Samba Siva Reddy, S/o.Late Butchi Reddy R/o.D.No.5-9- 28, Nakkavanipalem, P and T Colony, Visakhapatnam-530 013, A.P. ...Respondents Counsel for the Petitioner: THULLURU NAGABHUSHANAM 2 Counsel for the Respondents: GP FOR ENERGY Counsel for the Respondents:RENU CHAKRAVARTHY KANADAM Counsel for the Respondents:V V SATISH (SC for APEPDCL) The Court made the following ORAL ORDER: Heard Sri Dr. V. Vijaya Kumar, learned Counsel appearing on behalf of Sri T. Nagabhushanam, learned Counsel for the Writ Petitioner, Sri V.V. Satish, learned Standing Counsel for APEPDCL, Ms. Renu Chakravarthy Kanadam, learned Counsel for the Respondent No.7 and Smt. Ms. K. Swaroopa Rani, learned Assistant Government Pleader for Energy. 2. The present Writ Petition is filed seeking following prayer : “…… to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents 2 to 5 in removing the Electricity connection of the Petitioner vide Service Connection No.116680B005007678, as illegal, arbitrary, unconstitutional and contrary to the provisions of the Electricity Act and Rules made thereunder and consequently direct the Respondents 2 to 5 to restore the Electricity Power Supply to the Petitioner in respect of the Service Connection No. 116680B005007678 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case” 3. It is the case of the Writ Petitioner herein that there are private disputes between the Writ Petitioner and the Unofficial Respondent No.7. Writ Petitioner herein has filed O.S.No.96 of 2022 on 16.03.2022 against the Unofficial Respondent No.7 and one other Defendant. During the pendency of the Suit, the Writ Petitioner herein had applied and secured power connection on 23.01.2024. Vide Order dated 19.06.2024, the Suit filed by the Writ Petitioner herein for Permanent Injunction against the Unofficial Respondent No.7 and one other Defendant was dismissed for non-prosecution. Although nothing has been stated on the record, it is the submission of the learned Counsel for the Writ Petitioner that the Writ Petitioner has filed an Interlocutory Application seeking to set aside the Order of the Trial Court for restoration of the Suit to its original file. The Unofficial Respondent No.7 had approached the Consumer Grievances Redressal Forum (APEPDCL) (Redressal Forum), 3 Visakhapatnam by filing a complaint bearing C.G.No.119 of 2025. Having considered the various documents, the Redressal Forum had essentially held that the dispute between the Writ Petitioner herein and the Unofficial Respondent No.7 is essentially a civil dispute. In Para No.8 of the Order passed by the Consumer Grievances Redressal Forum (APEPDCL), it has been categorically stated that the Writ Petitioner has filed the Suit for Permanent Injunction on the basis that the Writ Petitioner has a service connection. If the time line is considered, the Writ Petitioner herein has filed O.S.No.96 of 2022 way back on 16.03.2022, whereas the Writ Petitioner has secured the power connection only on 23.02.2024, therefore, by any stretch of imagination, the Writ Petitioner could not have pleaded in the Suit that he has prima-facie possession of the Suit Schedule Property on the basis of power connection obtained by him. 4. In this view of the matter, the Order passed by the Consumer Grievances Redressal Forum (APEPDCL), Visakhapatnam in C.G.No.119 of 2025 dated 25.03.2025 is evidently and factually incorrect and has been passed by sheer non-application of mind. 5. In this view of the matter, the Order passed by the Consumer Grievances Redressal Forum (APEPDCL), Visakhapatnam in C.G.No.119 of 2025 dated 25.03.2025 is set aside. Consequently, the Official Respondents are directed to restore the service connection in favour of the Writ Petitioner within 24 hours from the date of uploading of this Order on the Web-site of this Court. It is clarified that having a service connection would confer no right on the part of the consumer in a civil dispute before a Civil Court. Since the service connection has been obtained subsequent to the filing of the Suit, it goes without saying that the Writ Petitioner can never place any reliance on the service connection obtained by him. Service connection obtained by the Writ Petitioner shall also be subject to the final outcome in the Suit bearing O.S.No.96 of 2022 which itself is subject to the outcome in the Restoration Application filed by the Writ Petitioner. It is further clarified that this Court has 4 not decided the civil rights of any party and the parties are free to vindicate their grievance before the appropriate Forum. 6. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 24.11.2025 JKS 5 66 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 19860 OF 2025 24.11.2025 JKS