I I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Orjgl'nal Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTl !a±B!I PETITION_NO: 5257 Q± Betwee n : 1. K. C. MuralI', S/o Late K.C.Rangaswamy, Hindu, aged about 61 years, occ: Retired employee. R/o. D.No.6-1-16, R.S.Gardens, Tirupati. 2. K.C.Anusha, D/o K.C.Murali, Hindu, aged about 27 years, Occ Employee-R/o.D.No.6-1-16, R.S.Gardens, Tl'rupati. 3. K.C.Nisha, D/o K.C.Murali, HI'ndu, aged about 26-years, Occ Employee, R/o.D.No.6-1-16, R.S.Gardens, TI'ruPati. Being Rep through theI'r G.P.A Holder Kallipalli Jagadeshwar, s/o.Lakshmal®ah, Aged about 44 years, R/o.D.No.19-12-151, 2nd Floor, Near Vinayaka and siva Temple, ARCH Road, Bal'ragipatteda,Tirupathi. Tirupathl' District. ...PETITIONERS AND 1. The State ofAndhra Pradesh, Rep by its princI'PaI Secretary, Department of Energy, A.P Secretariat office, velagapudi. 2. The Superintending Engineer, APSPDCL, Corporate office, Tirupati. 3. The Dl'visional Engineer APSPDCL, Old TI-ruChanur Road Tiruapti. 4. The Asst. Engineer APSPDCL, Tiruchanur Tirupati Rural Mandal. 5. The Tiruchanuru Grama Panchayat, Rep by its secretary, TI'ruChanuru village, Tirupati Rural Mandal, Tirupati District 6. M.Lokanadha Babu, S/a.Subramanyam Naidu, Age 34 years, R/o.D.No.13-5-531/A51, Tata Nagar, Near Vaishnavi Hospital, Tirupati Urban Mandal, Tirupati District. S±se 7. K.Jyothirmayee, W/o. Lokanadha Babu, Age 29 years, R/o.D.No.13-5- 531/A51, Tata Nagar, Near Vaishnavi Hospital, Tirupati Urban Mandal, Tirupati District. 8. K.R.Sarala, W/o.K.Rajasekhar Babu, Age 50 years, R/o.D.No.ll-147, Maruthi Nagar, Tiruchanur Grama Panchayatu Tiruchanur Mandal, Tirupati District, 9. lphineni Thanusha, D/o.I.V.Ramana Reddy, Age 33 years, R/o.D.No.1- 180, Sri Chakra Gardens, Avilala, Tirupati Rural Mandal, Tirupati District. 10. Basineni Triveni, W/o. Muni Sekhar, Age 47 years, R/o.D.No,10-13- 511, Reddy and Reddy Colony, Tirupati Town, Tirupati District ...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 I'SSue appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No.1 to 5 in not considering the Representation/Notice dt.04.02,2025 and 07.02.2025 issued by Petitioner requesting the Respondents No.1 to 5 not to grant/give any New Power service Connectl'ons, Water Connections, Property Tax Mutations etc., with regard to the Petitioner's property situated in Survey No.297/1, an extent of 0.15 cents and 297/2P an extent of 0.07 cents the total extent of Ac. 0.22 cents of Tiruchanuru village, Tirupati Rural MandaI, Tjrupati District in the name of the Respondents No.6 to 10 as ex-facie illegal, arbitrary, unjust without any jurisdiction and authority and violatjve of principles of natural justice and violative of Articles and 14, and 21 of the Constitution of India and direct the Respondents No.1 to 5 not to grant/give any New Power service Connections, Water Connections, Property Tax Mutations in the Petitionerls property situated in Survey No. 297/1, ,an extent of 0.15 cents and 297/2P an extent of o.o7 cents the total extent of Ac 0.22 cents of T'lruchanurl; village, Tirupati Rural Mandal, Tirupati District in the name of the Respondents No.6 to 10 by considering the Representation/Notice dt.04.O2.2025 issued by petitioner to the Respondents No.1 to 5. IA NO: 1 OF2025 Petl-lion under section 151 CPC praying that in the circumstances stated i`n the affidavit filed in support of the petition, the High Court may be , Pleased tO direct the Respondents No.2 to 5 to consider the rePreSentatI'On/notice dated 04.02.2025 and 07.02.2025 submitted by the Petitioners pendI®ng disposal Of the above Writ Petl®tion pending disposal of the above writ petitl'on. Counsel for the Petitioner: SRI DEVALARAJU ANIL KUMAR Counsel for the Respondent No.1 : GP FOR ENERGY Counsel for the Respondent Nos.2 to 4: SRI K.V. RAMA RAO, SC FOR APSPDCL Counsel for the Respondent No.5:SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent Nos.6 to 10: SRI K. SUBBA RAO The Court made the following: ORDER ®*<``-so c=_-_`.L iii=- APHCOIOIO4112025 i FRE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTl ±n±BLT PETITION NO: 5257,202! Between : K C Murali and Others AND The State OfAndhra Pradesh and Others [3331 I ...PETITIONER(S) ...RESPONDENT(S) Counsel for the Petitioner(S): 1. DEVALARAJU ANIL KUMAR Counsel for the Respondent(S): 1.GP FOR ENERGY The Court made the following ORDER: Heard Sri D.AniI Kumar, learned counsel for the petitioners, sri K.V.Rama Rao, learned standing counsel for respondents 2 to 4, Sri M.Sudheer, learned standing counsel for 5th respondent and sri K.Subba Rao, learned counsel assisted the court on behalf of respondents 6 to 10. 2. The above writ petition is filed to declare the actI-On Of respondents 1 to 5 in not considering the representations/notices made by the petitioner dated 04.02.2025 and 07.02.2025 not to grant new power service connection, water connections, property tax mutations etc., concerning the petitioner's property in Sy.No.297/1 in an extent of Ac.0-15 cents and 297/2P in an extent of Ac.0- rf7Pi,Jf£ 07 cents totalling Ac.0-22 cents in Tiruchanuru village, TI'ruPati Rural Mandal and DistrI-Ct in the name of respondents 6 to 10, as_illegal and arbitrary. 3. The affidavit was deposed by srI' K.Jagadeshwar, s/o Lakshmaiah, being the General Power of Attorney holder of the petitioner. A copy of the GPA dated 20.ll.2013 is filed as Ex.P.4. The petitioner got issued a legal notice dated 04.02.2025 (Ex.P.1) and another notice dated o7.02.2025 to the ®respondent authorities. 4. Ex.P.4 (copy ofGPA), based on it, the petitionergot issued legal notice and filed the above writ petition. The saI'd GPA was cancelled by way of a registered cancellatl'on deed dated 19.05.2023 bearing document No.3210/2023. Assailing the same, the deponent, filed w.p.No.21825 of 2024 and the same is pending consideration. without disclosing the developments, the deponent filed the above writ petition. 5. Pr,'ma fac,'e, the deponent approached this court by suppressing relevant facts. Hence, the writ petition is liable to be dismissed on the ground of suppressio veri expression/suggestio falsi. 6. It is a settled principle that the J-uriSdiCtiOn exercised by the High Court under Article 226 of the Constitution of India is extraordinary, equitable and discretionary. The petitioner approaching the court must come with clean hands and should disclose all the facts without concealing or suppressing anything. lf the petitioner does not disclose facts or suppresses relevant materials or is guilty of misleading the Court, the Court may dismiss the action without adjudicating the issue. 7. ln R. v. Kensington Income Tax Commissioner1, itwas held that tan applicant who does not come with candid facts and tclean breast' cannot hold a writ of the court with lsoiled hands'. suppression or concealment of material facts is not an advocacy. lt is a jugglery, manipulation, maneuvering or 1 ct--: (--- I(1917) 1 KB 486] i+=3C1 i ll .*-+ misrepresentation, which has no place in equitable and prerogative juri|sdiction. lf the applicant does not disclose all the material facts fairly ad truly but states them in a distorted manner and misleads the court, the court has inherent power in order to protect itself and to prevent an abuse of its process to discharge the rule nisi and refuse to proceed further with the examination of the case on merits. lf the court does not reject the petition on that ground, the court would be failing i`n its duty. ln fact, such an applicant is required to be dealt with for contempt of court for abusing the process of the courtl. 8. ln fact, not disclosing all relevant facts and filing a writ petitl'on based upon a cancelled GPA amounts to perjury. However, since the writ petitioner filed another writ petition challenging the cancellation of GPA and the same is pending consideration, thi's Court is not going into that fact for the time being. A copy of the registered cancellation deed was handed over to the learned counsel for the petitioner across the bar. 9. Learned counsel for the petitioner would fairly submit that the schedule' involved in the writ petition and the schedule in the cancellation deed are the Same. 10. Given the facts and circumstances of the case, the writ petition is `dismissed with costs of Rs.5,000/- (Rupees five thousand only) payable by the petitioner to the High Court Legal Services Committee, High Court of Andhra Pradesh, Amaravathi, within two weeks from the date of receipt of a copy of the order. lf the petitioner fails to deposit the amount, the High Court Legal Services Committee shall proceed against the petitioner, for recovery of the amount as per law. I_lf-i, q£ftr*ft3b The Registry shall communicate a copy of the order to the High Court Legal Services Committee, High Court of Andhra -Pradesh, Amaravathi as well as to the writ petitioner at the address shown in the writ affidavit. A copy of the order shall be communicated to the Registrar (Judicial) for taking necessary steps. MEMO OF COSTS WP No. 5257 OF 2025 cost Quantified By Court (That the writ petitioner is directed to pay costs of Rs.5,000/-( Five Thousand Rupees only) to the High Court Legal Services Committee, High Court of Andhra Pradesh, Amaravathi, within two week from the date of receipt of a copy of the order. sd/-N. NAGAMMA //TRUE COPY// ASSl TANT REGISTRAR sEch#N OFFICER To)+ h€` `(.th 1.` ;K?llipalli Jagadeshwar, S/o.Lakshmaiah, G.P.A. Holder for K.C. Murali, Q \,. K.C. And+§ha & K.C. Nisha, R/o.D.No.19-12-151, 2nd Floor, Near Vinayaka and Siva Temple, ARCH Road, Bairagipatteda, Tirupathi, Tirupathi District 2. The Registrar(Judicial), High Court ofA.P. at Amaravati. 3. The Secretary, High Court Legal Service Committee, High Court ofA.P, at Amaravati. 4. One CC to Sri Devalaraju Anil Kumar, Advocate [OPUC] 5. One CC to Sri K.V. Rama Rao, SC for APSPDCL[OPUC] 6. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUC] 7. One CC to Sri K. Subba Rao, Advocate[OPUC] 8. Two CCs to GP for Energy, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb _+I+a HIGH COURT DATED :03/03/2025 ORDER WP,No.5257 of 2025 DISMISSING THE W.P. WITH COSTS