% Si APHC010535122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^? THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27803 OF 2025 Between: 1. Nammi Srinivasa Rao, S/o late Appala Narsayya, Aged about 45 years R/o Door No. 7-42-83/1, Sangivalasa Village, Visakhapatnam District - 531163. 2. Potnuri Kiran, S/o Potnuri Errayya, Aged about 36 years. Running a Pakodi shop (tenant). At Door No. 1-43-224, Tagarapuvalasa, Bheemunipatnam Mandal, Visakhapatnam District - 531163. Bheemunipatnam Mandal, ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Energy Department, Secretariat Building Velagapudi, Amaravathi, Guntur District. A.P. 2. Eastern Power Distribution Company of Andhra Pradesh Chairperson/Managing Director, P Visakhapatnam Andhra Pradesh-530 013. 3. The Superintendent Engineer, A.P.E.P.D.C.L. Opposite Green Park Hotel, Jagadamba Junction Limited, Rep by its and T Colony, Seethammadhara, Waltair Main Road, Visakhapatnam - 530020. 4. The Executive Engineer Zone-Ill, A.P.E.P.D.C.L., Srinivasanagar, Madhurawada, Visakhapatnam Priyadarshini Colony, - 530048, AP. 5. The Assistant Engineer, A.P.E.P.D.C.L., Chittivalasa, Bheemunipatnam Mandal, Visakhapatnam District, A.P. 6. Botta Ravi Kumar, The Assistant Engineer Bheemunipatnam Mandal, Visakhapatnam District A.P.E.P.D.C.L., Chittivalasa, A.P. 7. Vijjapu Eswararao, Proprietor of Grocery Shop, Tagarapuvalasa village, Door No -5-48-23 Bheemunipatnam Mandal, Visakhapatnam-531162, A.P. ...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 of Mandamus or any other appropriate writ declaring the action of the Respondent No.5 in attempting to shift the transformer situated in Government land, adjacent to the shop (grocery stores) of the respondent No.7, located since yesteryears, opposite to the in the 2"^^ Petitioners shop, with a malice to affect the business of the 2"^ petitioner and cause undue advantage to the respondent no.7 and without considering the representation of the petitioner dt. 19.09.2025 as illegal, arbitrary, whimsical and unconstitutional, being violative of Articles 14, 19 (1) (g), 21, and 300A of the Constitution of India, and contrary to principles of natural justice and it is consequently prayed to direct the respondents, more particularly respondent no.3 to 5 not to shift the transformer from its existing Government land location into the petitioners property and to take all necessary steps to public safety and protect the Petitioners right to conduct his long business in the existing shop and Grant. ensure running 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 restrain the Respondents 3-5 from shifting the transformer from Government land, adjacent to the shop (grocery stores) of the respondent No.7, located since yesteryear's, opposite to the in the 2'’'^ Petitioner’s shop. the lA NO: 2 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 No.4 to consider the representation of the petitioner dt. 19.09.2025, strictly in terms of the prevailing rules, in the interests of justice. Counsel for the Petitioners: SRI G V S KISHORE KUMAR Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondents 2 to 6: Ms. K. AISHWARYA CHOWDHARY JUNIOR SC FOR A.P.E.P.D.C.L FOR SRI V.V. SATISH SC FOR A.P.E.P.D.C.L Counsel for the Respondent No,7 The Court made the followip^ /> APHC010535122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27803 OF 2025 Between: 1. NAMMI SRINIVASA RAO, S/o late Appala Narsayya, Aged about 45 years, R/o Door No. 7-42-83/1, Sangivalasa Village, Bheemunipatnam Mandal, Visakhapatnam District - 531163. 2. Potnuri Kiran,, S/o Potnuri Errayya, Aged about 36 years. Running a Pakodi shop (tenant). At Door No. 1-43-224, Bheemunipatnam Mandal, Visakhapatnam District - 531163. Tagarapuvalasa ...Petitioners AND 1. THE STATE OF AP, Rep by its Principal Secretary Energy Department, Secretariat Building Velagapudi, Amaravathi, Guntur District. A.P. 2. Eastern Power Distribution Company of Andhra Pradesh Limited, Rep by its Chairperson/Managing Director P and T Visakhapatnam Andhra Pradesh-530 013. 3. The Superintendent Engineer, A.P.E.P.D.C.L., Waltair Main Road, Opposite Green Park Hotel, Jagadamba Junction, Visakhapatnam - 530020. 4. The Executive Engineer Zonelll, A.P.E.P.D.C.L., Priyadarshini Colony, Srinivasanagar, Madhurawada, Visakhapatnam - 530048, AP. 5. The Assistant Engineer, A.P.E.P.D.C.L., Chittivalasa, Bheemunipatnam Mandal, Visakhapatnam District, AP. 6. Botta Ravi Kumar, The Assistant Engineer, A.P.E.P.D.C.L., Chittivalasa, Bheemunipatnam Mandal, Visakhapatnam District, AP. Colony Seethammadhara 2 7. Vijjapu Eswararao, Proprietor of Grocery Shop, Tagarapuvalasa village, door no -5-48-23 Bheemunipatnam Mandal, Visakhapatnam-531162,AP. ...Respondents Counsel for the Petitioners: G V S KISHORE KUMAR Counsel for the Respondents: GP FOR ENERGY The Court made the following ORAL ORDER: Heard Sri G.V.S. Kishore Kumar, learned Counsel for the Writ Petitioners and Ms. K. Aishwarya Chowdary, learned Junior Standing Counsel for APEPDCL. 2. The present Writ Petition is filed seeking following prayer: “ to issue a Writ of Mandamus or any other appropriate writ declaring the action of the Respondent no.5 in attempting to shift the transformer situated in Government land, adjacent to the shop (grocery stores) of the respondent no.7, located since yesteryears, opposite to the in the 2"'* petitioner’s shop, with a malice to affect the business of the 2'"'^ petitioner and cause undue advantage to the respondent no.7 and without considering the representation of the petitioner dt. 19,09.2025 as illegal, arbitrary, whimsical and unconstitutional, being violative of Articles 14, 19 (1) (g), 21, and 300A of the Constitution of India, and contrary to principles of natural justice and it is consequently prayed to direct the respondents, more particularly respondent no.3 to 5 not to shift the transformer from its existing Government land location into the petitioner’s property and to take all necessary steps to ensure public safety and protect the Petitioners’ right to conduct his long running business in the existing shop and Grant such other ” 3. Registry is directed to print the name of Sri V.V. Satish, learned Standing Counsel for APEPDCL. 4. Ms. K. Aishwarya Chowdary, learned Junior Standing Counsel for APEPDCL has submitted the Written Instruction furnished by the Assistant Executive Engineer, Operation, APEPDCL. Copy of the Written Instruction is also furnished to the learned Counsel for the Writ Petitioners. This Written Instruction is taken on record. 3 A 5. Relevant portion of the Written Instruction is usefully extracted hereunder: “We haven’t received yet any applications registration regarding the shifting of transformer by the respondent. Hence, this as a apprehension writ the petition” 6. The above extract would indicate that the Official Respondents have not received any Application from anyone regarding shifting of transformer by the Official Respondents. It is therefore stated that the apprehension of the Writ Petitioners is misplaced inasmuch as there is no such proposal. 7. Having noted the same, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merits, with a direction to the Official Respondents to follow the Principles of Natural Justice and due process of law, if any such decision is sought to be taken in the future. 8. With these observations and directions, this Writ Petition is disposed of. No Order as to Costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary Energy Department, State of Andhra Pradesh, Secretariat Building Velagapudi, Amaravathi, Guntur District. A.P. 2. The Chairperson/Managing Director, Eastern Power Distribution Colony Company of Andhra Pradesh Limited, P and T Seethammadhara Visakhapatnam Andhra Pradesh-530 013. 3. The Superintendent Engineer, A.P.E.P.D.C.L., Waltair Main Road, Opposite Green Park Hotel, Jagadamba Junction, Visakhapatnam - 530020. 4. The Executive Engineer Zone-Ill, A.P.E.P.D.C.L., Priyadarshini Colony, Srinivasanagar, Madhurawada, Visakhapatnam - 530048, AP. 5. The Assistant Engineer, A.P.E.P.D.C.L., Chittivalasa, Bheemunipatnam Mandal, Visakhapatnam District, AP. 6. Botta Ravi Kumar, The Assistant Engineer, A.P.E.P.D.C.L., Chittivalasa, Bheemunipatnam Mandal, Visakhapatnam District, AP. 7. One CC to Sri G V S Kishore Kumar, Advocate [OPUC] 8. Two CCs to GP for Energy, High Court of Andhra Pradesh [OUTI 9. Two CD Copies RAM HIGH COURT DATED:09/10/2025 ORDER WP.NO. 27803 OF 2025 =§( 0 9 OCT 2025 )g| ■''^gsasifiSSS/ DISPOSING OF THE WP WITHOUT COSTS