APHC010137592026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7727/2026 Between: 1. P MUNEMMA, W/O.P.LINGAMURTHY, AGED ABOUT 51 YEARS, OCC. HOUSE WIFE, R/O.D.NO.9-505, LINGESWER NAGAR, C/O.SAI NAGAR, TIRUPATHI RURAL, TIRUPATI DISTRICT. 517507. 2. A.PADMAVATHI,, W/O.A.SUBRAMANYAM, AGED ABOUT 47 YEARS, OCC. HOUSE WIFE, R/O. D.NO. 16- 6-451, KARNAL LAYOUT, TIRUPATI TOWN, TIRUPATI DISTRICT. 517501. 3. B. DILEEP KUMAR,, S/O.B.JAGANADHA REDDY, AGED ABOUT 28 YEARS, OCC. EMPLOYEE, R/O. D.NO.8- 30/2, PADMAVATHIPURAM, TIRUCHANOOR ROAD, TIRUPATI RURAL, TIRUPATI DISTRICT. 4. M.UMA DEVI,, W/O.M.RAMACHANDRAIH, AGED ABOUT 51 YEARS, OCC. HOUSE WIFE, R/O.D.NO.1-16, KOPPARAVANDLAPALLI, PERUMALLAPALLI TIRUPATI RURAL, TIRUPATI DISTRICT. 5. P.RAVI,, S/O.LATE GAJENDRAIAH, AGED ABOUT 47 YEARS, OCC. BUSINESS, R/O. D.NO.1-69, MALLAMGUNTA, TIRUPATI RURAL, TIRUPATI DISTRICT. 517501. 6. ARAKALA PAVAN,, S/O.A.HARI, AGED ABOUT 27 YEARS, OCC. EMPLOYEE, R/O.D.NO.5-9-1, ULLIPETTEDA, MUTYALAREDDIPALLI, TIRUPATI TOWN, TIRUPATI DISTRICT. 517502. 2 7. A.HARI,, S/O.A.CHENGA REDDY, AGED ABOUT 52 YEARS, OCC. BUSINESS, R/O.D.NO.5/9-1, ULLIPATTEDA, MUTYALAREDDYPALLI, TIRUPATI TOWN, TIRUPATI DISTRICT. 517502. 8. V.INDU MATHI,, W/O.V.MUNISANKAR, AGED ABOUT 35 YEARS, OCC. HOUSE WIFE, R/O. D.N0.19-8- 82/F,YADAVA COLONY, RAYALA CHERUVU, TIRUPATI TOWN, TIRUPATI DISTRICT. 9. V.MUNISHANKAR,, S/O. MUNI KRISHNA, AGED ABOUT 40 YEARS, OCC. EMPLOYEE, R/O. D.N0.19-8-82/F, YADAVA COLONY, RAYALA CHERUVU, TIRUPATI TOWN, TIRUPATI DISTRICT. 10. M.RAJYA LAKSHMI,, W/O. M.NAVEEN KUMAR, AGED ABOUT 42 YEARS, OCC. HOUSE WIFE, R/O. D.NO. 10- 128/14, VARSHAVISSWANADHA NAGAR, TIRUCHANOOR,TIRUPATI TOWN, TIRUPATI DISTRICT. 11. A.VAMSI KEERTHI,, W/O.C.BALAJI, AGED ABOUT 38 YEARS, OCC. HOUSE WIFE, R/0.D.N0.19-8-116A/1, YADAVA COLONY, TIRUPATI TOWN, TIRUPATI DISTRICT. 517501. ...PETITIONER(S) AND 1. THES STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY ENERGY DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LTD, (APSPDCL), REP., BY ITS CHAIRMAN AND MANAGING DIRECTOR, O/O. 19- 13-65/A, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI, ANDHRA PRADESH. 3. THE SUPERINTENDING ENGINEER, OPERATIONS, TIRUPATI CIRCLE, APSPDCL, TIRUPATI, TIRUPATI DISTRICT. 4. THE EXECUTIVE ENGINEER, OPERATIONS TIRUPATI DIVISION APSPDCL, TIRUPATI DISTRICT. 5. THE ASSISTANT ENGINEER, OPERATIONS, TIRUPATI SUB- DIVISION, APSPDCL, TIRUPATI DISTRICT. ...RESPONDENT(S): 3 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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 2 to 5 in sanctioning and provide new electricity service connection in Lower Tension (LT) Cat-1 (domestic) electricity supply to the petitioners plots situated in Sy.Nos.145, 147/1 of Avilala Village, Tirupathi Rural Mandal, Tirupati District in pursuance to the applications made by the petitioners vide application/Reg Registration No. 55222N641662026JAN13, 55222N641692026JAN13, 55222N641682026JAN13, 55222N641642026JAN13, 55222N640902025DEC27, 55222N641672026JAN13, 55222N641652026JAN13, 55222N641632026JAN13, 55222N640892025DEC27, 55222N644112026FEB22, 55222N641612026JAN13, even though, the respondent Nos.2 to 5 having provided electricity connections to the neighboring plots in the same survey number are trying delay the issuance of electricity service connection to the petitioners, without assigning any reasons, as arbitrary, illegal, unjust, violative of the provisions and procedure prescribed under the Electricity Act, 2003, the rules made there under and the General Terms and Conditions of Power Supply and the law laid down by the Hon'ble Apex Court in various judgments and also the well-established legal principles, apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14 and 21 of the Constitution of India and for a consequential direct the respondent Nos.2 to 5 sanction and provide the new electricity 4 service connection in Lower Tension (LT) Category-1 (Domestic) to the subject premises forthwith and pass 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 to direct the respondent Nos.2 to 5 to consider the applications made by the petitioners vide application/Registration No 55222N641662026JAN13, 55222N641692026JAN13, 55222N641682026 JAN13, 55222N641642026JAN13, 55222N640902025DEC27, 55222N641672026JAN13, 55222N641652026JAN13, 55222N641632026 JAN13. 55222N640892025DEC27, 55222N644112026FEB22, 55222N641612026JAN13 and sanction and provide the new electricity service connection in Lower Tension (LT) Category-1 (Domestic) to the plots situated in Sy.Nos.145, 147/1 of Avilala Village, Tirupathi Rural Mandal, Tirupati District forthwith, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. RAVITEJA TALASEELA Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR ENERGY 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 7727 of 2026 The Court made the following Order: Instant Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India with the following prayer: <.... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 2 to 5 in sanctioning and provide new electricity service connection in Lower Tension (LT) Cat-1 (domestic) electricity supply to the petitioners plots situated in Sy.Nos. 145, 147/1 of Avilala Village, Tirupathi Rural Mandal, Tirupati District in pursuance to the applications made by the petitioners vide application/Reg Registration No.55222N641662026JAN13, 55222N641692026JAN13, 55222N641682026JAN13, 55222N641642026JAN13,55222N640902025DEC27, 5222N641672026JAN13, 55222N641652026JAN13, 55222N641632026JAN13,55222N640892025DEC27, 5222N644112026FEB22, 55222N641612026JAN13, even though, the respondent Nos.2 to 5 having provided electricity connections to the neighboring plots in the same survey number are trying delay the issuance of electricity service connection to the petitioners, without assigning any reasons, as arbitrary, illegal, unjust, violative of the provisions and procedure prescribed under the Electricity Act, 2003, the rules made there under and the General Terms and Conditions of Power Supply and the law laid down by the Hon'ble Apex Court in various judgments and also the well-established legal principles, apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14 and 21 of the Constitution of India and for a consequential direct the respondent Nos.2 to 5 sanction and provide the new electricity service connection in Lower Tension (LT) Category-1 6 (Domestic) to the subject premises forthwith and pass such other order …=. 2. Sri Talaseela Ravi Teja, learned counsel for the petitioners submits that the petitioners are owners of small residential plots situated in Sy.Nos.145 and 147/1 of Avilala Village, Tirupati Rural Mandal, Tirupati District and the extent of lands that possessed by the Petitioners are detailed hereunder: Sl. No Name of the Petitioner Survey/Plot Number Extent Deed Number 1. P.Munemma 145/2 Ac.0.20 Cents Sale Deed No.3507 of 2007 2. A.Padmavathi 145 720 Sq.Yds Gift Settlement Deed 3. B.Dileep Kumar 145 120 Sq.Yds Agreement of Sale 4. M.Uma Devi 145 80 Sq.Yds Agreement of Sale 5. P.Ravi 145 Nil Agreement of Sale 6. Arakala Pavan 145 127.77 Sq.Yds Agreement of Sale 7. A.Hari 145 272 Sq.Yds Agreement of Sale 8. Indu Mathi 145 449.11 Sq.Yds Agreement of Sale 7 9. V.Munishankar 145 Nil Agreement of Sale 10. M.Rajyalakshmi Plot No.1 Sy.No.145 616.51 Sq.Yds Agreement of Sale 11. A.Vamsi Keerthi Sy.No.145 216.66 Sq.Yds Agreement of Sale 3. Learned counsel for the petitioners further submits that the petitioners preferred applications seeking Electricity Connection for domestic purpose along with indemnity bond as well as requisite undertaking to pay the security payment, as mandated by Section 43 of the Electricity Act, 2003 as well as the General Terms and Conditions of Power Supply. 4. Learned counsel for the petitioners relied upon the dictum of the Hon’ble Apex Court in Dilip (Dead) through LR’s Vs. Satish & Others1. In a nutshell, he submits that inspite of petitioners’ representations seeking electricity connection with all pre-requisites, the respondent authorities who are duty bound to consider, are not at all passing the orders. 5. Conversely, Sri Venkata Rama Rao Kota, learned Standing Counsel for APSPDCL submits that petitioners’ applications are 1 2022 SCC Online 810 8 pending before the concerned respondent authorities, due to the administrative exigencies and the same will be considered by the authorities, in accordance with the law. 6. Apparently, petitioners’ applications are pending before the respondent corporation authorities ranging from 13.03.2025 onwards without redressing the same. At this juncture, it is apt to note the statutory as well as legal aspects. Firstly, Section 43 of Electricity Act, 2003 reads as under: <Section 43. (Duty to supply on request): (1) 1[Save as otherwise provided in this Act, every distribution] licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply: Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Appropriate Commission: Provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may extend the said period as it may consider necessary for electrification of such village or hamlet or area. (2) It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1) : Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity 9 for any premises having a separate supply unless he has agreed with the licensee to pay to him such price as determined by the Appropriate Commission. (3) If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default.= Secondly, Clause 5.1 of the General Terms and Conditions of Supply of Distribution and Retail Supply of Licenses as molded by the Andhra Pradesh Electricity Regulatory Commission vide Proceedings No.Secy/01/2006 dated 06.01.2006. A close perusal of above statutory provision emphasis the verbatim of owner or occupier of any premises. Hence, either owner or occupier, who fulfills the procedural pre-requisites, concerned authorities are duty bound to process the said applications pragmatically. Hence, in the light of the above statutory realm as well as the settled legal principle held in Dilip (Dead) through LR’s Vs. Satish & Others, the electricity is a basic amenity. 7. In view of the facts and circumstances of the case, respondent Nos.4 and 5 are directed to consider and process the petitioners’ applications, by considering the object and intendment of Section 43 of the Electricity Act, 2003 as well as the General Terms and Conditions of Power Supply framed by the Andhra Pradesh Electricity Regulatory Commission vide 10 Proceedings No.Secy/01/2006 dated 06.01.2006, within a period of four (04) weeks, from the date of receipt of copy of this Order and communicate the same to the petitioners through speed post. 8. Accordingly, this Writ Petition is disposed of. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 09.04.2026 PSA