APHC010515772026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28059 OF 2026 Between: 1. DALIBONI GANGAMMA, W/o. Suryanarayana, Aged 42 years, R/o. 5- 166/10, Bardhan Nagar Colony, Sujatha Nagar, Pendurthi Mandal, Visakhapatnam District 530051. 2. Barman Ramalakshmi,, W/o. Thapan Kumar, Aged 35 years, R/o. 5- 166/13, Bardhan Nagar Colony, Sujatha Nagar, Pendurthi Mandal, Visakhapatnam District 530051. 3. Challa Ramu,, W/o. Asirinaidu, Aged56 years, R/o. 5-166/11, Bardhan Nagar Colony, Sujatha Nagar, Pendurthi Mandal, Visakhapatnam District 530051. 4. Peddini Ramanamma,, W/o. Simhachalam, Aged37 years, R/o. 5-166/12, Bardhan Nagar Colony, Sujatha Nagar, Pendurthi Mandal, Visakhapatnam District 530051 ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Department of Energy, Secretariat, Velagapudi, Guntur District 522 238. 2. The Andhra Pradesh Eastern Power Distribution Corporation Limited APEPDCL, Rep. by its Chairman and Managing Director, Visakhapatnam 530002, Visakhapatnam District. 2 3. The Superintending Engineer, Operation Circle, APEPDCL, Visakhapatnam 530002, Visakhapatnam District. 4. The Deputy Executive Engineer, Operation Circle, APEPDCL, Sujathanagar, Pendurthi Mandal, Visakhapatnam District-531173. 5. The Assistant Executive Engineer, Operation Circle, APEPDCL, Sujathanagar, Pendurthi Mandal, Visakhapatnam District 6. The Tahsildar, Pendurthi Mandal, Visakhapatnam, Visakhapatnam District- 531173. ...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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents in considering and processing the applications submitted by the petitioners for grant of new electricity service connections to their respective residential premises, bearing Application Nos. NSCREG04079218, NSCREG04079232, NSCREG04079169 and NSCREG04079192, by insisting to produce NOC from 6th respondent/Tahsildar, as illegal, arbitrary, unjust, malafide and against the principles of Natural Justice besides violation of Article 14, 21 and 300-A of Constitution of India and contrary to the provisions of the Electricity Act, 2003 and the applicable regulations governing supply of electricity, and consequently direct the respondents to consider and process the said applications and release the respective new LT Domestic electricity service connections to the petitioners forthwith without insisting for NOC from the 6th respondent/Tahsildar, in the interest of justice and to 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 3 direct the respondents to r&ease the respective new LT Domestic electricity service connections to the petitioners forthwith in respect of their houses pursuant to the pending applications Nos. NSCREG04079218, N5CREG04079232, NSCREG04079169 and NSCREG04079192, during the pendency of the main writ petition, in the interest of justice and to pass Counsel for the Petitioners: K JYOTHI PRASAD Counsel for the Respondents: GP FOR ENERGY Counsel for the Respondents:GP FOR REVENUE The Court made the following order: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28059 OF 2026 ORDER:- This Writ Petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in considering and processing the applications submitted by the petitioners for grant of new electricity service connections to their respective residential premises, bearing Application Nos. NSCREG04079218, NSCREG04079232, NSCREG04079169 and NSCREG04079192, by insisting to produce NOC from 6th respondent/Tahsildar, as illegal, arbitrary, unjust, malafide and against the principles of Natural Justice besides violation of Article 14, 21 and 300-A of Constitution of India and contrary to the provisions of the Electricity Act, 2003 and the applicable regulations governing supply of electricity, and consequently direct the respondents to consider and process the said applications and release the respective new LT Domestic electricity service connections to the petitioners forthwith without insisting for NOC from the 6th respondent/Tahsildar, in the interest of justice and pass such other order or orders….” 2. Heard the learned counsel for the petitioners and learned Standing Counsel for the respondents. 3. Learned counsel for the petitioners submits that the petitioners are in possession of their respective residential premises and they submitted new applications to the respondent Nos.2 to 5 herein for granting electricity service connections. Even after receipt of the applications of the petitioners, the respondents are not granting electricity service connection and on the other hand, they are insisting for NOC to be issued by respondent No.6 herein, which is contrary to the law. 5 4. Learned counsel for the petitioner further submits that as per the assessment notice issued by the Corporation, the subject properties were assessed not in the name of the individuals but in the name of the holder of the ‘teachers’ layout’ and assigned house Nos.5-166/10, 5-166/11, 5-166/12, 5-166/13. He further submits that even though the Corporation not assessed in the name of the individuals, but in view of the issuance of assessment notice under the head of holder of premises and assigned house numbers indicates that the subject premises were occupied by the inmates who are the petitioners herein. Therefore, as long as the petitioners are in possession of their respective premises, they are entitled to have electricity service connection as per Section 43 of the Electricity Act, 2003 and Clause 5.2.3 of the General Terms and Conditions of Supply also mandates for granting electricity service connection. 5. On the other hand, learned Standing Counsel for the respondents furnished written instructions,wherein it is stated as under: “3. In this connection, the Tahsildar/Mandal Revenue Officer, Pendurthi Mandal, had earlier informed that Bhardhan Nagar falls in Sy.No.188/2 of Chinamushidiwada Village, admeasuring Ac.6.88 cents, and that the land is classified as "Konda Poramboke vested with Government", i.e., Government land. 4. Further, the Zonal Commissioner, Zone-VIII, GVMC, Pendurthi, had addressed a communication to the Executive Engineer, Operation, Zone-IlI, APEPDCL, Visakhapatnam, requesting that electricity service 6 connections should not be provided to the unauthorized sheds constructed in Bhardhan Nagar and Veera Nagar, as the said areas are situated on Government land. 6. In these circumstances, the GVMC Holder of the Premises Tax Receipts submitted by the applicants cannot, by themselves, be treated as conclusive evidence of lawful ownership/title over the land or as overriding the specific reports/communications of the competent authorities regarding the status of the land. 7. Hence, before release of the proposed domestic electricity service connections, it is considered appropriate to verify the lawful status of the premises and the eligibility of the applicants under the applicable APEDCL rules/instructions governing release of service connections to premises situated on Government land/unauthorized structures. 8. In view of the above, the applications may be returned for want of satisfactory proof of lawful occupation/eligibility, subject to submission of the documents/clearances required under the applicable rules and subject to verification from the competent authorities. And also there is no infra structure.” 6. Heard both the learned counsel and perused the material placed on record. For better understanding Section 43 of the Electricity Act, 2003 is extracted hereunder: “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: 7 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.” 7. On perusal of the section 43 of the Electricity Act, 2003, it is clear and categorical that a owner or an occupier is entitled to have electricity service connection for his premises which is classified as one of the emergency service out of citizenry amenities. The contention of the learned counsel for the petitioners is that the petitioners herein are in possession of the property and paid property taxes, but the assessment orders were not issued in favour of respective individuals, but it indicates an individual is holder of the subject premises. Therefore, the property tax assessment order itself indicates the subject premises are certainly in possession of inmates of particular premises. In view of the assignment of door numbers and holding the premises by respective individuals, it can be constructed that the inmates of the subject premises are in possession of the subject property. As per the instructions submitted by the learned Standing Counsel and in view of the letter addressed by the Revenue people as well as GVMC, the subject land was classified as Government land. If the authorities come to a conclusion that the subject occupation of the petitioners as holder of the premises are contrary to the law, 8 the respondents are entitled to take steps for removal of the same in accordance with law. But on the guise of encroachments, the respondents may not deny any essential or emergency services like electricity service connection. Therefore, the respondents are hereby directed to consider the applications of the petitioners with reference to the observations made above and pass appropriate orders, after affording opportunity of hearing to all the parties concerned, within a period of three(3) weeks from the date of receipt of copy of this Order. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:30.09.2026 Note: C.C. by two(2) days B/o.TPS 9 01 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28059 OF 2026 Date:30.09.2026 Note: C.C. by two(2) days B/o.TPS