IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 3474 of onpi^ :: AMARAVATI FEBRUARY ■X' NIMMAGADDA Between: Smt. Chebolu Prasanna W/o Dayakar, aged about Housewife, R/o Navurupally Village, Podalakuru District-524345, A.P. 35 years, Occ; Mandalam, SPSR Nellore ...PETITIONER AND Rep. by its Principal Secretary to Government, Department of Energy, Secretariat District. 2. Southern Power Distribution Company its Chairman and Managing Director, r Road Tirupati 517 503, Tirupati District 3. The Superintending Engineer (Operation Distribution Company of A.P. Limited 4. The Executive Engineer, Operations, District. 5. The Deputy Executive Engineer, District 6. The Asst. Executive Engineer, Nellore District. 7. The Tahsildar, Podalakur Mandal, SPSR Nellore District. 8. Sri Immadisetti Raveendra, S/o. Immadisetti Penchalaiah. Aged about 50 years, Occ: Agriculture, R/o. Navooru Village, Navooru Post, SPSR Nellore District. 1- The State of Andhra Pradesh, , Velagapudi, Guntur of A.P. Limited represented by Srinivasapuram, Tiruchanoor AP Circle), Southern Power , Nellore, Nellore District. A.P.S.P.D.C.L., Nellore, Nellore A.P.S.P.D.C.L, Podalakur, Nellore Operations, A.P.S.P.D.C.L. Podalakur, 9. Sri Gude Malyadri, S/o. Malakondaiah aged about 53 years, Occ; Agriculture, R/o. Navurupally, Navur PO, SPSR Nellore 10. Sri Allupuru Sreenivasulu, S/o. Yanadhaiah, Aged about 41 years, Occ: Agriculture, R/o. Navurupally Podalakuru 11. Sri Sabbi Chengaiah, S/o. Penchaiah, Aged about 38 Agriculture, R/o. Navurupally, Podalakuru, SPSR Nellore 12. Sri Sabbi Anand, S/o. Yanadaiah, Aged about 36 Agriculture, R/o. Navurupally, Podalakuru, SPSR 13. Sri Gopi Setti Penchalaiah, S/o. Ramanaiah, Occ: Agriculture, R/o. Navurupally, Podalakuru, 14. Sri Gude Radhakrishnaiah, S/o. Malakondaiah, Occ: Agriculture, R/o. Navurupally, Podalakuru, (RR 8 to 14 are impleaded in writ petition and affidavit as per Court’s order dt. 12/02/2025 in lA No.2 of 2025) District. A* SPSR Nellore District, years, Occ: District, years, Occ: Nellore District. Aged about 55 years, SPSR Nellore District. Aged about 58 years, SPSR Nellore District. ...RESPONDENTS Petition under Articie 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue a Writ or Order or direction may more particularly one in the nature of Writ of Mandamus, declaring the i Respondent No. 6, impugned notice issued by the in AEE/O/PDLK/F.No DOC/D.No.60/2025, 24.01.2025 for disconnection of USC dated USC No Nos 3521335000651, J Mandal, Nellore District provisions of Electricity Act, 2003 and as illegal, arbitrary, unjust and violative of principles of natural Justice and Articles 14, 19 and 300-A of the Constitution of India and set aside the 3521335000652, ,Navurupally Village, Podalakuru as unjust, illegal, arbitrary and violative of same. lA NO: 1 OF 2Q?fi 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 respondents herein to restore the electricity supply to Service USC Nos. 3521335000651, USC No:3521335000652 Village, Podalakuru Mandal, SPSR Nellore District, above writ petition. , Navurupally pending disposal of the Counsel for the Petitioner: SRI AKKEM SRIHARIVIRAT Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 to 6: SRI K.V.RAMA RAO APSPDCL Counsel for the Respondent No.7: GP FOR REVENUE Counsel for the Respondent Nos.8 to 14: SMT.K. PALLAVI The Court made the following: ORDER , SC FOR APHC010061102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3474/2025 Between: ...PETITIONER Smt. Chebolu Prasanna AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 1.GP FOR ENERGY The Court made the following: f *\> THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.3474 of 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned notice issued by the Respondent No. 6 in AEE/0/PDLK/F.No:DOC/D.No.60/2025, dated 24.01.2025 for disconnection of USC Nos.3521335000651, use No.3521335000652, Navurupally Village, Podalakuru Mandal, Nellore District as unjust, illegal, arbitrary and violative of provisions of Electricity Act, 2003 and as Illegal, arbitrary, unjust and violative of principles of natural justice and Articles 14, 19 and 300-A of the Constitution of India and set aside the same and be pleased to pass such other order or orders ” Heard learned counsel for the petitioner and learned Standing Counsel 2. for the respondents. Learned counsel for the petitioner submits that the petitioner herein is absolute owner and possessor of the land admeasuring to an extent of 3. Ac.2.00 cents in Sy.No.847-1, Navurupally Village, Podalakur Mandal, SPSR Nellore District. Confirming the said ownership, the revenue authorities issued pattadar pass books and title deeds in her favour and the petitioner has been raising lemon trees in the subject land. He further submits that since the bores situated in Sy.No.847-1 (subject place) dried up, to get over the water needs to the lemon trees, the petitioner herein dugged bore at the community land i.e., Sy.No.942 of the subject village, which is abutting to the petitioner’s land and the same is classified as Ralla Gutta poramboku. While so, in view of the complaint made by the villagers to respondent No.7, respondent No.7 addressed a letter dated 21.01.2025 to respondent No.6 herein requesting him for disconnection of electricity service connection provided to the Bore well dugged at Sy.No.942. On receipt of such letter, respondent No.6 issued a notice dated 24.01.2025 to the petitioner directing the petitioner to submit her explanation regarding ownership along with all the required documents i.e., possession certificate in respect of land in Sy.No942 of the subject village within a period of seven days through respondent No.7 in order to continue the electricity service connection. Failing which, the service connection in respect of land in Sy.No.942 of the subject village will be disconnected on 01.02.2024. Learned counsel for the petitioner further submits that petitioner did not submit any explanation to the notice dated 24.01.2025 issued by respondent No.6 but submitted a representation dated 27.01.2025 to respondent No.7 narrating all the facts that the subject Bore well has been utilizing by the other villagers also as utilized by the petitioner herein and requested respondent No.7 not to disconnect the electricity service connection in respect of land in 4. Sy.No.942 of the subject village. On the other hand, learned Standing Counsel for the respondents submits that even though a notice dated 24.01.2025 was issued to the 5. 4 petitioner to submit her explanation within a period of seven days. Till date, the petitioner did not choose to submit any explanation. As such, the respondent No.6 has no other option except to disconnect the electricity service connection of the petitioner since the petitioner unauthorizedlyhold the service connection apart from holding subject land which is a community land. Therefore, the petitioner is not entitled for any relief much less as prayed herein. Learned counsel for the implead petitioners/ respondent Nos. 8 to 14 submits that the petitioner herein unauthorizedly occupied the community/ Rallla Gutta Poramboke land and dugged the bore wells and drawing water illegally from the community land in Sy.No.942 of the village. As such, the petitioner is not entitled for continuation of Bore wells which were already dugged at the community place. Pursuant to which, the villagers are suffering with lack of water source to other bores in and around the subject Bore well. Moreover, the subject Bore wells were not permitted under provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 (APWALTA). 6. i Having regard to the submissions made by the learned counsel for the petitioner and learned Standing Counsel for the respondents, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner to submit her explanation to the notice dated 24.01.2025 issued by respondent No.6 within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such explanation, respondent Nos. 5 and 6 shall consider the same and pass appropriate orders, within a period of two 7. (02) weeks thereafter. However, respondent No.7/ Tahsildar is at liberty to proceed further in respect of electricity service connection in Sy.No.942, if the subject land in Sy.No.942 is classified as Ralla Gutta poramboke land, in accordance with law. Till passing of orders by respondent Nos. 5 and 6, respondent Nos. 5 and 6 are directed to permit the petitioner to draw water from the bore well dugged in Sy.No.942 of the subject village. 8. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if petition shall stand closed. any, pending in the writ Sd/- M SRiNiVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Department of Energy, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Chairman and Managing Director, Southern Power Distribution Company of A.P. Limited, Srinivasapuram, Tiruchanoor Road Tirupati 517 503 Tirupati District A P 3. The Superintending Engineer (Operation Circle), Southern Power Distribution Company of A.P.Limited, Nellore, Nellore District. 4. The Executive Engineer, Operations, A.P.S.P.D.C.L., Nellore, Nellore District. 5. The Deputy Executive Engineer, A.P.S.P.D.C.L., Podalakur, Nellore District 6. The Asst. Executive Engineer, Operations, A.P.S.P.D.C.L., Podalakur, Nellore District. 7. The Tahsildar, Podalakur Mandal, SPSR Nellore District. 8 One CC to Sri Akkem Sriharivirat, Advocate [OPUC] 9. One CC to Sri K.V. Rama Rao SC or APSPDCUOPUC] 10 One CC to Smt. K. Pallavi, Advocate[OPUC] High Court of Andhra Pradesh. [OUT] High Court of Andhra Pradesh. [OUT] j 11. Two CCS to GP for Energy 12. Two CCs to GP for Energy 13. Three CD Copies. 1 1: ssb ••• HIGH COURT DATED: 12/02/2025 ORDER t 2 ^ MAR 2025 gl ^ . Current tieciioo ^<°CSPATCH^f^ WP.No.3474 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS