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2026 DAILYLAW 10854 (AP)

Pasam Koti Reddy v. The State of Andhra Pradesh,

WP/26671/2026 · 2026-09-17

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010488002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 18th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26671 OF 2026 Between: 1. Pasam Koti Reddy, S/o. Late Narasimha Reddy, Aged about 61 years, Occ. Business, Rio. D.No.3-38, Penumaka Village, Tadepalli Mandal, Guntur District - 522501. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Energy Department, Secretariat Buildings at Velagapudi, Amaravati, Guntur District. 2. The Andhra Pradesh Central Power Distribution Corporation Limited APCPDCL, , Rep. by its Managing Director, Vidyuth Soudha, Vijayawada, NTR District. 3. The Superintending Engineer, Operation, CRDA, APCPDCL, Vijayawada. 4. The Executive Engineer, Operation, APCPDCL, Mangalagiri, Guntur District. 5. The Deputy Executive Engineer, Operation, HT Meters, APCPDCL, Tadepalli Town and Mandal, Guntur District - 522 501. 6. The Assistant Executive Engineer, HT Meters, M and P, CRDA, Guntur District 2 ...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 or Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents in issuing the Assessment Notice bearing Lr.No.DEE/0/TDP/SA/F.No.SHORT BILL CASES/DN0616 dated 22.07.2026 and the consequential action of including the disputed sum of Rs.1,28,515/- in the electricity consumption bill for the month of August, 2026 pertaining to Service Connection No.9312510002532, without considering the petitioner's representation dated 31.07.2026, without affording an opportunity of hearing, as illegal, arbitrary, violative of the principles of natural justice, Articles 14 and 300-A of the Constitution of India, and consequently to set aside the same and direct the respondents to accept the current and future months' electricity consumption bill payments pertaining to Service Connection No.9312510002532, without insisting for payment of the disputed sum of Rs.1,28,515/- reflected in electricity bill for month of August, 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 to direct the respondents not to disconnect the power supply to petitioner's electricity Service Connection No.9312510002532, by accepting the current and future months' electricity consumption bill payments pertaining to Service Connection No.9312510002532, without insisting for payment of the disputed sum of Rs.1,28,515/- reflected in electricity bill for month of August, 2026 pending disposal of the above writ petition Counsel for the Petitioner: OMKAR D Counsel for the Respondents: GP FOR ENERGY The Court made the following order: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26671 OF 2026 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ or Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents in issuing the Assessment Notice bearing Lr.No.DEE/0/TDP/SA/F.No.SHORT BILL CASES/DN0616 dated 22.07.2026 and the consequential action of including the disputed sum of Rs.1,28,515/- in the electricity consumption bill for the month of August, 2026 pertaining to Service Connection No.9312510002532, without considering the petitioner's representation dated 31.07.2026, without affording an opportunity of hearing, as illegal, arbitrary, violative of the principles of natural justice, Articles 14 and 300-A of the Constitution of India, and consequently to set aside the same and direct the respondents to accept the current and future months' electricity consumption bill payments pertaining to Service Connection No.9312510002532, without insisting for payment of the disputed sum of Rs.1,28,515/- reflected in electricity bill for month of August, 2026 and to pass such other order or orders….” 2. Heard learned counsel for the petitioner, learned Government Pleader for Energy for respondent No.1 and Sri V.V.Satish, learned Standing Counsel for APCPDCL for respondent Nos.2 to 6. 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this 4 Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the representation dated 31.07.2026 submitted by the petitioner. 4. On the other hand, learned Government Pleader and learned Standing Counsel appearing for the respondents readily agreed to dispose of the representation dated 31.07.2026 submitted by the petitioner, pending with the authorities, within a reasonable time. 5. In view of the submission of the learned Government Pleader for the respondents, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh1”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 31.07.2026 submitted by the petitioner, this Court find no other alternative except to issue such direction. 6. In the result, with the consent of both the learned counsels, the Writ Petition is disposed of, directing the respondents to consider and dispose of the representation dated 31.07.2026 submitted by the petitioner, if necessary after providing opportunity of hearing to all the parties concerned, within a 1 2004 (1) SCC 769 5 period of four (04) weeks from the date of receipt of a copy of this order. Till then, the respondents are directed not to take any coercive steps against the petitioner in respect of the electricity service connection of the petitioner. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 18.09.2026 BSP/GNP 6 06 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26671 OF 2026 18.09.2026 BSP/GNP