APHC010073312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5123/2025 Between: 1. SYED MOHAMMED RAFI, S/O IBRAHIM, AGED ABOUT 57 YEARS, R/O. H.NO 7-35/1, SUNNAM BATTI STREET, KURNOOL ROAD, NEAR P.T.C GATE ONGOLE, PRAKASHAM ONGOLE, ANDHRA PRADESH.AADHAR NO 50786453126. ...PETITIONER AND 1. THE AP SOUTHERN POWER DISTRIBUTION COMPANY LTD APSPDCL, 191365/A SRIVASAPURAM TIRUCHANUR ROAD TIRUPATHI, TIRUPATHI DISTRICT REP BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR. 2. THE SUPERINTENDING ENGINEER, OPERATIONS APSPDCL NELLORE SPSR NELLORE DISTRICT. 3. THE EXECUTIVE ENGINEER, OPERATIONS APSPDCL NELLORE TOWN AND MANDAL, NELLORE DISTRICT 4. THE DEPUTY EXECUTIVE ENGINEER, APSPDCL, DEPUTY EXECUTIVE ENGINEER, TOWN-2, APSPDCL, NELLORE 5. THE ASSISTANT ENGINEER, OPERATIONS APSPDCL, DSR GUEST INN BACKSIDE, 13CROSS ROAD, MAGUNTA LAYOUT, NELLORE, ANDHRA PRADESH 524003. 6. MULLA RAJESWARI, W/O MULLA SURESH AGED ABOUT 30 YEARS, R/O. JANARDHAN REDDY COLONY, V. PURAM, 99- VENKATESWARAPURAM, NELLORE TOWN AND MANDAL SRS,J W.P.No.5123 of 2025 NELLORE DISTRICT A.P MOBILE NO 9704289006. (SERVICE CONNECTION NO 3321199006175) ...RESPONDENT(S): 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, orders or directions more particularly one in the nature of Writ Of Mandamus questioning the action of the respondents No. 1 to 5 not remove or cancel the said service connection bearing No 3321199006175 which stands in the name unofficial respondent No. 6 as she obtained it illegally suppressing the facts of ownership of the said property as illegal, irregular and unjust ,and violation of Article 14,19, 21 and 300-A Constitution of India and consequently direct the respondent No 1 to 5 to consider the representation of the petitioner dated 27-12-2024 and 07-01- 2025 and remove or cancel the said service connection bearing No 3321199006175 which stands in the name unofficial respondent No. 6 as she obtained it illegally suppressing the facts of ownership of the subject schedule property and pass IA 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 direct the respondent No 1 to 5 to consider the representation of the petitioner dated 27-12-2024 and 07-01-2025 and remove cr cancel the said service connection bearing No 3321199006175 which stands in the name unofficial respondent No. 6 as she obtained it illegally suppressing the facts of ownership of the subject schedule property pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. BASHA SHAIK Counsel for the Respondent(S): 1. Page 3 of 5 SRS,J W.P.No.5123 of 2025 The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondents 1 to 5 in not removing or cancelling the service connection bearing No.3321199006175 in the name of respondent No.6 illegal and arbitrary. 2. Heard Sri Md. Ameen, learned counsel representing Sri Basha Shaik, learned counsel for the petitioner and Sri K.V. Rama Rao, learned counsel appeared for respondents 1 to 5. Notice to respondent No.6 is dispensed with since no orders are passed against the right and interest of respondent No.6. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of the aforementioned property, having purchased the same under a registered sale deed dated 20.11.1995 vide Document No.9678/1995. The petitioner constructed a small shed with asbestos sheets in the corner of the property. In the absence of the petitioner, respondent No.6, trespassed into the property and also obtained a domestic electricity connection. The petitioner made representations through a registered post on 27.12.2024 & 07.01.2025, to the respondent authorities. However, no action has been initiated. 4. Sri K. V. Rama Rao, learned Standing Counsel submitted the instructions of the Assistant Executive Engineer Operation, APSPDCL, Venkatewarapuram. A perusal of the instructions would indicate that respondent No.6 went to the location and noticed that respondent No.6 obtained a service connection by submitting the registered document of 2014 and the consumer has been paying CC bills regularly. The instructions further disclose that in pursuance of representations made by the petitioner, the Assistant Executive Engineer, issued notices to the petitioner as well as SRS,J W.P.No.5123 of 2025 respondent No.6 dated 03.03.2025 to submit the documents regarding the property. 5. Thus, as seen from the affidavit and instructions of learned Standing Counsel, respondent No.6 obtained service connection in 2014. The Assistant Executive Engineer issued notices to the petitioner as well as to respondent No.6, calling upon him to submit the registered documents regarding the property. 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the learned Assistant Executive Engineer to follow Clause 5 of General Terms and Conditions of Supply, 2006 and pass appropriate orders. The authority shall also provide an opportunity for hearing to the petitioner as well as respondent No.6, before taking any further steps. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 04.03.2025 TVN SRS,J W.P.No.5123 of 2025 154 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.5123 OF 2025 Date : 04.03.2025 TVN