£4' IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) / '1 ] of, THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE 7/ '.«7 77/f ’ ■/ **> PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3053 OF 2025 Between: Chirapu Mallayya, S/o. Govindu, Aged about 66 years, residing at B.C.Colony, Chelikanivani, Potherpalli, West Godavari District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Department of Energy, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. Eastern Power Distribution Company of A.P, Ltd,(APEPDCL), Represented by its Chairman and Managing Director, P & T Colony, Seethammadhara, Visakhapatnam. 3. The Superintendent Engineer, Operation Section Eastern Power Distribution Company of A.P, Ltd,(APEPDCL) Vidyut bhavan. West Godavari District, Eluru. 4. The Executive Engineer, Operation Section Eastern Power Distribution Company of A.P, Ltd,(APEPDCL) Kamavarapukota, West Godavari District. 5. The Assistant Engineer, Operation Section Eastern Power Distribution Company of A.P, Ltd,(APEPDCL) Kamavarapukota, West Godavari District. 6. State of Andhra Pradesh, Rep. by Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 7. The District Collector, West Godavari District, Eluru. 8. The Tahsildar, Kamavarapukota West Godavari District. ...RESPONDENTS X 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 an order or writ or direction more particularly one in the nature of writ of Mandamus, declaring the action of respondents more particularly respondent No.5 in disconnecting the electrical power supply on 21-01-2025 to the petitioners agricultural land, without issuing the mandatory not less than 15 days prior notice as required under Section 56 of the Electricity Act, 2003, in respect of electrical service connection No. 1553153203001184 in RS.No. 127-1D2 of Yadavalli Village, KamavarapukotaRevenue Mandal, Eluru Revenue Division, West Godavari District, as illegal , arbitrary, contrary to law and in violation of established principles of Natural Justice including the Doctrine of audi alteram partem, as well as Section 56 of the Electricity Act, 2003, and also in violation of the order passed by this Honble Court in Writ Petition W.P.No. 16108 of 2024 which was filed by the petitioner and consequently direct the respondentsto restore the electrical power supply to the said agricultural land forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to restore the electrical power supply to Service No. 1553153203001184, for irrigation purposes immediately in RS.No. 127-1D2 of Yadavalli Village, Kamavarapukota Revenue Mandal, Eluru Revenue Division, West Godavari District forthwith during the pendency of the writ petition. Counsel for the Petitioner: SRI T. DIWAKAR REDDY Counsel for the Respondent No.1 : GP FOR ENERGY Counsel for the Respondent Nos.2 to 5 : SRI V.V. SATISH, SC FOR APEPDCL Counsel for the Respondent Nos.6 to 8 : GP FOR REVENUE The Court made the following: ORDER APHC010055872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] sSS THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3053/2025 Between; ...PETITIONER Chirapu Mallayya AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.T DIWAKAR REDDY Counsel for the Respondent(S): 1.GP FOR ENERGY 2.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3053/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of declaring the action of respondents more particularly respondent No. 5 in disconnecting the electrical power supply on 21.01.2025 to the petitioner’s agricultural land, without issuing the mandatory not less than 15 days prior notice as required under Section 56 of the Electricity Act, 2003 in respect of electrical service connection No.1553153203001184 in R.S.No.127-1D2 of Yadavalli Village, Kamavarapukota Revenue Mandal, Eluru Revenue Division, West Godavari District as illegal, arbitrary, contrary to law and in violation of established principles of Natural Justice including the Doctrine of audi alteram partem, as well as Section 56 of the Electricity Act, 2003 and also in violation of the order passed by this Hon’ble Court in W.P.No.16108 of 2024 which was filed by the petitioner and consequently direct the respondents to restore the electrical power supply to the said agricultural land forthwith and pass such other order." 2. Heard the learned counsel for the petitioner and Sri V.V.Satish, learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.42 cents situated in R.S.No.127- 1D2 of Yadavalli Village, Kamavarapukota Revenue Mandal, Eluru Revenue Division, West Godavari District. In which, the petitioner dug a borewell and obtained electricity service connection, after 3 submission of the required documents particularly no objection certificate from the MRO vide document dated 07.07.2023. The petitioner has been cultivating the subject land by growing vegetable. While so, the respondents are trying for disconnection of the electricity service connection basing on the complaint made by the neighbour alleging that the petitioner is drawing the water from the borewell without there being any permission. It is brought to the notice of this Court by the petitioner that in earlier occasion also the disconnection of the electricity service connection by the respondents was challenged by the petitioner in W.P.No.16108 of 2024, wherein this Court was pleased to disposed of the Writ Petition with the following direction; “Having regard to the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondents and on perusal of the material placed on record, this Court is of the considered view, the present Writ Petition can be disposed of, directing the respondents to restore the electricity 1553153203001184 with immediate effect. However, the respondents are at liberty, if any reason is warrants to disconnect the electricity service connection they should follow the due process of law as contemplated under Section 56 of the Electricity Act. ” 4. Learned counsel for the petitioner further submits that pursuant to the orders of this Court the respondents restored the electricity service connection. While things stood thus to the utter surprise of the petitioner, again the respondents issued the impugned disconnection notice dated 02.12.2024 without preceding connection bearing No. service 4-.__ 4 any prior notice as contemplated under Section 56 of the Electricity Act, 2003 r/w the General Terms and Conditions of Supply of Distribution and Retail Supply Licensees Rules, 2006. Even though the said notice contemplates for calling explanation, the respondents granted only three days time for such submission. After twenty days. they disconnected the electricity service connection basing on the third party complaint and also alleged that the petitioner did not obtain any permission for the borewell for which the electricity service connection was attached. He further submits that issuance of notice dated 02.12.2024 is contrary to Section 56 of the Act. Further the standing crop of ladies’ fingers is going on and without water the entire crop will be damaged. Hence, he prays for restoration of the electricity service connection. 5. On the other hand, learned Standing Counsel for the respondents submits that the petitioner did not obtain any required permission for the new borewell and the existing service connection bearing No.1553153203001184 is shifted to new borewell from his existing borewell, which is within the radius of 40 meters of the complainant’s borewell. Pursuant to the complaint of the third party as well as illegal transfer of electricity service connection from old borewell to new borewell, the said action of the respondents is I contrary to the General Terms and Conditions of Supply of Distribution and Retail Supply Licensees Rules, 2006. Hence, the 5 V, petitioner was issued notice on 02.12.2024. Having waited for more than twenty days for explanation, but there is no explanation, then the respondents disconnected the electricity service connection by following due procedure as contemplated under the Act. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Standing counsel for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the petitioner to submit his explanation to the notice dated 02.12.2024 along with required documents if any within a period of 15 days from today. After submissions of such explanation along with the required documents if any, respondent Nos.4 and 5 shall consider the same and pass appropriate orders in accordance with law. Further, the respondents are directed to restore the subject electricity service connection of the petitioner, till the passing of the orders by the respondents. 7. With the above directions, the Writ Petition is disposed of. I There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// sect™ officer To, 1. The Principal Secretary, Department of Energy, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. The Chairman and Managing Director, Eastern Power Distribution Company of A.P, Ltd,(APEPDCL), P & T Colony, Seethammadhara, Visakhapatnam. The Superintendent Engineer, Operation Section Eastern Power Distribution Company of A.P, Ltd,(APEPDCL) Vidyut bhavan. West Godavari District, Eluru. 4. The Executive Engineer, Operation Section Eastern Power Distribution Company of A.P, Ltd,(APEPDCL) Kamavarapukota, West Godavari District. The Assistant Engineer, Operation Section Eastern Power Distribution Company of A.P, Ltd,(APEPDCL) Kamavarapukota, West Godavari District. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 7. The District Collector, West Godavari District, Eluru. The Tahsildar, Kamavarapukota West Godavari District. 9. One CC to Sri T. Diwakar Reddy, Advocate [OPUC] 10.TWO CCs to GP for Energy, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Revenue High Court of Andhra Pradesh. [OUT] 12. One CC to Sri V.V.Satish, SC for APEPDCL (OPUC) 13. Three C.D. Copies. 2. 3. 5. 6. 8. Cnr ■; \ HIGH COURT < DATED:06/02/2025 5 10 FEB 2025 Sfi <4 eoV; ORDER 3. . Current section . 4£^SPATCH^ WP.No.3053 of 2025 DISPOSING THE W.P. WITHOUT COSTS