APHC010466262026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25526 OF 2026 Between: 1. Anne Pavani,, W/o Anne Prabhakara Rao, Aged. 38 years, Occ. Cultivation, Rio. Tapimestri Street, 4th road, Division No.29, Eluru Town, Eluru District (Erstwhile West Godavari District) ...Petitioner AND 1. State of Andhra Pradesh, , Rep. by its Principal Secretary to Government, Energy Department, Secretariat, Velagapudi, Amaravati, Guntur District.522 238 2. Andhra Pradesh Central Power Distribution Company of Andhra Pradesh Limited, Rep. by its Chairman and Managing Director, Gunadala, Vijayawada, NTR District - 520004. 3. The Superintending Engineer Operation, APCPDCL, NTR Circle, Near PWD Grounds, Raj Bhavan, Governorpet, Vijayawada -520002, NTR District, Andhra Pradesh. 4. The Executive Engineer / Operation, APCPDCL, Nuzvid Division, Division Office, Opp. I.T.I. College, Hanuman Junction Road, Nuzvid - 521 201, Eluru District, Andhra Pradesh 2 5. The Deputy Executive Engineer / Operation, APCPDCL, Nuzvid Rural, Near Madhuvani wines , chaithanya school road,Nuzvid - 521 201, Eluru District, Andhra Pradesh. 6. The Assistant Engineer / Operation, APCPDCL, Ramanakkapeta section, Musunuru Mandal, Eluru District, Andhra Pradesh -521213 7. The Tahsildar, , Musunuru Mandal, Eluru District. 521 207 ...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 order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not providing power supply by granting New electrical LT5B1-Non- Corporate Farmers Service Connection to the Petitioners Application vide Application No. CPNC012609897516, dt. 21.07.2026 submitted to grant power supply to the petitioners bore well in his agricultural land admeasuring Ac.2.02 cents in 372-1A situated in Gullapudi village of Musunuru Mandal in Eluru District, as illegal, arbitrary, violative of principles of natural justice, the provisions of Electricity Act, 2003 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the Respondents to forthwith issue a power supply to petitioner's bore well situated in his said agricultural land by considering the Petitioners application vide Application No. CPNC012609897516, dt. 21.07.2026 IA NO: 1 OF 2026 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 direct the respondents to issue a power supply on Petitioner's application vide Application No. CPNC012609897516, dt. 21.07.2026, bore well in his agricultural land admeasuring Ac.2.02 cents in 372-1A situated in Gullapudi 3 village of Musunuru Mandal in Eluru District, pending disposal of the main Writ Petition Counsel for the Petitioner: SRINIVAS AMBATI Counsel for the Respondents: GP FOR ENERGY Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:V V SATISH The Court made the following order: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25526 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not providing power supply by granting New electrical LT5B1-Non- Corporate Farmers Service Connection to the Petitioner’s Application vide Application No. CPNC012609897516, dt.21.07.2026 submitted to grant power supply to the petitioner’s bore well in his agricultural land admeasuring Ac.2.02 cents in 372-1A situated in Gullapudi village of Musunuru Mandal in Eluru District, as illegal, arbitrary, violative of principles of natural justice, the provisions of Electricity Act, 2003 and Rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the Respondents to forthwith issue a power supply to petitioner's bore well situated in his said agricultural land by considering the Petitioner’s application vide Application No. CPNC012609897516, dt 21.07.2026 and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The case of the petitioner is that the petitioner herein submitted an application dated 21.07.2026 seeking for issuance of No Objection Certificate for granting electricity service connection for digging borewell under the provisions of the Andhra Pradesh Water, Land and Trees Act (APWALTA), 5 2002 (in short “APWALTA Act, 2002”) in the petitioner’s agricultural land admeasuring to an extent of Ac.2.02 cents situated in Sy.No.372/1A Gullapudi village of Musunuru Mandal in Eluru District. Even after receipt of the said application, but for one reason or the other, the respondents neither considered the same nor granted any connection in respect of the subject land of the petitioner. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel for the respondents furnished written instructions issued by the respondent No.7, wherein, it is stated that the respondent No.7 addressed a letter to the respondent No.6 stating that the subject bore well of the petitioner is within the vicinity of the existing bore well of one Sri M.Rambabu, S/o.Venkata Ramaiah. It is further stated that the distance between two bore wells is 129.8 mts. only. 5. Learned Standing Counsel for the respondents submits that the distance of 129.8 mts. between the two bore wells is very much less when compared to the actual distance/space prescribed under the provisions of the APWALTA Act, 2002. The actual distance between two bore wells as prescribed under the Act is should be 250 mts.,. Since sufficient space is not maintained by the petitioner herein, the respondent No.7 did not issue NOC for granting service connection and for permission to dug the bore well under the provisions of the APWALTA Act, 2002. He further submits that pursuant to the letter addressed by the respondent No.7 to the respondent No.6 that respondent Nos. 2 to 6 herein are not releasing the electricity service connection in favour of the petitioner since it is an unauthorized bore well. 6 6. In reply, learned counsel for the petitioner submits that the respondent No.1 issued a G.O.Ms.No.16, Panchayat Raj & Rural Development (RD.II) Department, dated 23.03.2021, wherein, the space/distance to be maintained for digging borewells were relaxed, if the area was classified as command area regarding Godavari Zone. The distance to be maintained between the two borewells is restricted to 75 mts. in respect of Godavari Zone and if the subject land does not falls under command area at the Godavari Zone, the distance should be maintained between the borewells is 150 mts. He further submits that the subject Village and Mandal is situated within the command area. Therefore, 75 mts distance is sufficient. Hence, the Tahsildar/ respondent No.7 should not have been keep quite without issuing NOC and not granting permission under APWALTA Act, 2002. 7. Considering the submissions made by the learned counsel for both the parties and on perusal of the material placed on record, this Court observed that the letter addressed by the Tahsildar did not indicate that the bore well of Sri M.Rambabu was granted under APWALTA Act, 2002 and he only informed to the respondent No.6 regarding distance to be maintained between the two bore wells i.e., the petitioner’s borewell and other bore well owned by Sri M.Rambabu. It is not in dispute that so far, the petitioner granted permission under APWALTA Act, 2002 for digging bore well in her land to an extent of Ac.2.02 cents situated in Sy.No.372/1A Gullapudi village of Musunuru Mandal in Eluru District. But it is also not in dispute that the petitioner is title holder and also is in possession and enjoyment of the subject agricultural land. As 7 per Section 43 of the Electricity Act, 2003, either owner or occupier is entitled for electricity service connection as long as his ownership or possession is in accordance with law. As per the law laid down in recent times by the Hon’ble Apex Court while considering issue of electricity service connection, the respondents should have been keep in mind regarding the nature of constructions i.e., illegal and unauthorized constructions. More so, if any, application is received in respect of illegal or unauthorized constructions seeking for electricity service connection, the authorities concerned should take care and to get it confirm the validity of possession and legality of the construction. In the given scenario, admittedly, the petitioner herein so far not obtained valid permission under the provisions of the APWALTA Act, 2002 and the same is under process as per the letter addressed by the respondent No.7. It is observed that as per the terms of the G.O.Ms.No.60, dated 23.03.2021, the distance between the bore wells is restricted in command area regarding the Godavari zone. Therefore, the understanding of the Tahsildar as per the APWALTA Act, 2002 shall required to be revisit his decision as per the terms of the said G.O. 8. In view of the foregoing discussion, the respondent Nos. 6 and 7 are hereby directed to consider the application dated 21.07.2026 submitted by the petitioner pursuant to G.O.Ms.No.60, dated 23.03.2021 and also as per Section 43 of the Electricity Act, 2003, if necessary, after providing opportunity of hearing to all the parties concerned and pass appropriate orders, within a reasonable time. However, if the respondent No.7 granted NOC/permission, 8 respondent No.6 shall provide electricity service connection in respect of the subject land of the petitioner as per the General Terms and Conditions of Supply. The entire exercise shall be completed within a period of three (03) weeks from the date of receipt of a copy of this order. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 16.09.2026 BSP 9 7 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25526 OF 2026 16.09.2026 BSP