APHC010490022026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27320 OF 2026 Between: 1. KOYYALAMUDI KASI VISWANADH, S/o. Venkateswara Rao, aged about 46 years, occc. agriculture Rio. D.No.1-48, Koyyalamudi Vari Street, Pallantla, West Godavari District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Department of Energy, Secretariat Buildings, Velagapudi, Guntur District, Amaravati.522238 2. Eastern Power Distribution Company of Andhra Pradesh Limited, Chairman and Managing Director, 50-27-5/1, TPT Colony, Seethammadhara, Visakhapatnam.530013 3. The Deputy Engineer, APEPDCL, Nidadavole, West Godavari District.534301 4. The Assistant Engineer, APEPDCL, Yernagudem Village, West Godavari District.534313 5. Koyyalamudi Harischandra Rao, S/o. Satyanarayana, aged about 80 years, R/o. Pallantla, Devarapalli Mandal, West Godavari District.534313 ...Respondents 2 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 toissue a writ, order or orders more particularly one in the nature of Writ of Mandamus to declare the action of the Respondent Nos.3 and 4, in disconnecting the Electricity Service Connection No.1521700639000125, by changing its name in favor of the 5th Respondent herein, without issuing any notice, as illegal, arbitrary, contrary to the principles of natural justice, violative of section 43 of the Electricity Act, 2003, and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India, and contrary to the principles of natural justice, and consequently direct the Respondent Nos.3 and 4 to restore the Electricity Service Connection No.1521700639000125, by changing the said Electricity Service Connection's name in the name of the Petitioner 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 Respondent Nos.3 and 4 to restore the Electricity Service Connection No.1521700639000125, pending disposal of the above writ petition Counsel for the Petitioner: PARIMI RAMA RAYUDU Counsel for the Respondents: GP FOR ENERGY Counsel for the Respondents:V V SATISH (SC for APEPDCL) The Court made the following order: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27320 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 declare the action of the Respondent Nos.3 and 4, in disconnecting the Electricity Service Connection No.1521700639000125, by changing its name in favor of the 5th Respondent herein, without issuing any notice, as illegal, arbitrary, contrary to the principles of natural justice, violative of Section 43 of the Electricity Act, 2003, and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India, and contrary to the principles of natural justice, and consequently direct the Respondent Nos.3 and 4 to restore the Electricity Service Connection No.1521700639000125, by changing the said Electricity Service Connection's name in the name of the Petitioner and pass such other order or orders….” 2. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the subject property having acquired the same through a family partition dated 25.07.2017. In view of the family partition, the subject agricultural land-B schedule fell to the share of the petitioner. After the said partition, the petitioner has been in possession and enjoyment of the subject property. Pursuant to the acquisition of the title, the petitioner submitted an application to the respondent authorities seeking for transfer of electricity service connection in his name in respect of the B- 4 schedule property i.e., the land admeasuring to an extent of Ac.0.07 ½ cents in Sy.No.149P of Kurukuru Village. Accordingly, after having satisfied with the compliance made by the petitioner, the subject electricity service connection was transferred in his favour on 06.07.2021 and it has been continuing. The petitioner has been paying CC charges regularly. While so, to the surprise of the petitioner, without issuing any notice and without following due procedure as contemplated under the Act, the authorities retransferred the electricity service connection in favour of respondent No.5 herein, which is contrary to the terms of partition deed and earlier proceedings issued by the respondent and without observing the principles of natural justice and due procedure as contemplated under the General Terms and Conditions of Supply. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel for the respondents submits that in view of the oral complaint submitted by respondent No.5 for retransfer, the respondent authorities acted upon and re-transferred the electricity service connection in favour of respondent No.5. She further submits that the respondents neither issued any notice nor followed due procedure, since the retransfer of the electricity service connection was done in favour of the person, in whose name the original connection was sanctioned. 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that it is not in dispute that the electricity service connection was transferred in favour of the 5 petitioner on 06.07.2021 by deleting the name of respondent No.5 herein. As per the submissions made by the learned Standing Counsel, the respondents not observed the principles of natural justice as well as due procedure as contemplated and retransferred the subject electricity service connection in favour of respondent No.5 herein i.e., original holder, which is contrary to the General Terms and Conditions of Supply as well as the provisions of the Electricity Act, 2003. It is settled law that the respondent authorities shall not exercise its jurisdiction or power, without observing the principles of natural justice as well as due procedure which are basic tenets of Law of administration. Any action initiated by the respondents in deviation to the principles is illegal and arbitrary. In the case in hand, the respondent authorities ignored the basic tenets as stated above. In view of the same, the action of the respondents in retransfer of electricity service connection in favour of respondent No.5 is hereby set aside. However, the respondents are directed to consider the case of the petitioner with reference to the observations as made above and pass appropriate orders and restore and retransfer the electricity service connection in favour of the petitioner, within a period of two(2) weeks from the date of receipt of copy of this Order. However, the respondents are at liberty to proceed further against the petitioner/respondent by following due procedure as contemplated. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 6 As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:28.09.2026 TPS 7 61 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27320 OF 2026 Date:28.09.2026 TPS