APHC010487672026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27628 OF 2026 Between: 1. KAMIREDDY PRUDHVI KRISHNA, S/o. Kamireddy Raghuram, Aged about 31 years, Occ Builder, R/o. Flat No.501, NEST Apartments, West Mukku Thimmanna Street, Ashok Nagar, Eluru, Godavari District, Andhra Pradesh. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Energy Department, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The Chairman and Managing Director, , Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), Corporate Office, Visakhapatnam, Andhra Pradesh. 3. The Superintending Engineer, Operation Circle, APEPDCL, West Vidyut Bhavan, Ramachandra Rao Pet, Powerpet, Eluru, Godavari District, Andhra Pradesh. 4. The Divisional Engineer / Executive Engineer Operation, APEPDCL, Eluru Operation Division, Eluru, West Godavari District, Andhra Pradesh. 5. The Assistant Executiire Engineer, APEPDCL, Zone-11, Eluru Town, Eluru, West Godavari District, Andhra Pradesh. 2 6. Suri Venkata Lakshmi, D/o. Late Sri Sun i Venkata Lakshmi Suryanarayana, R/o. H.No.126/1, Lakshmi Ganapathi Nagar, 3rd Road, Chodimella, Eluru, West Godavari District, Andhra Pradesh ...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 in the nature of a Writ of Mandamus, declaring the action of the respondents, particularly Respondent No.5, in disconnecting the electricity supply to Penthouse No.601, situated at Sun i Venkata Lakshmi Suryanarayana Residency, Road No.3, Ashok Nagar, Eluru, without any notice or opportunity of hearing to the Petitioner and solely on the basis of the letter/objection of the private respondents, and not even receiving the representation/application made by the petitioner dated 17.08.2026 as illegal, arbitrary, unreasonable, violative of the principles of natural justice, Section 43 and Section 56 of the Electricity Act, 2003, the applicable APERC Regulations, and Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to forthwith receive, process and consider the Petitioner's application/representation for a fresh electricity service connection to Penthouse No.601 in accordance with law, and to provide electricity supply 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 Respondents, to receive and process the Petitioner's application! representation dated 17.08.2026; and to provide electricity supply to Penthouse No.601, Sun i Venkata Lakshmi Suryanarayana Residency, Road No.3, Ashok Nagar, Eluru, in the ends of justice, pending disposal of the Writ petition Counsel for the Petitioner: KAMINENI SOMANATH CHOWDARY 3 Counsel for the Respondents: GP FOR ENERGY The Court made the following order: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27628 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 in the nature of a Writ of Mandamus, declaring the action of the respondents, particularly Respondent No.5, in disconnecting the electricity supply to Penthouse No.601, situated at Suri Venkata Lakshmi Suryanarayana Residency, Road No.3, Ashok Nagar, Eluru, without any notice or opportunity of hearing to the Petitioner and solely on the basis of the letter/objection of the private respondents, and not even receiving the representation/application made by the petitioner dated 17.08.2026 as illegal, arbitrary, unreasonable, violative of the principles of natural justice, Section 43 and Section 56 of the Electricity Act, 2003, the applicable APERC Regulations, and Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to forthwith receive, process and consider the Petitioner's application/representation for a fresh electricity service connection to Penthouse No.601 in accordance with law, and to provide electricity supply and pass such other order or orders…..” 2. Heard learned counsel for the petitioner and the 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 penthouse situated in Sy.No.14/2, Plot No.18, Door No. 24A-11-8, road No.3, Ashok Nagar, Eluru, Eluru District pursuant to the development agreement entered into with the 5 land lord. He further submits that the petitioner got constructed the subject building after having necessary permissions and plan as required. While so, the respondents granted electricity service connection initially for the entire land in the name of the land lord and the same is extending to all the flat owners because of the policy adopted by the respondents. She further submits that due to personal score, the landlord made an application for disconnection of the electricity service connection in respect of the petitioner’s pent house only leaving other service connections. Pursuant to the said application, without issuing any notice and without providing an opportunity of hearing, the respondents disconnected the electricity service connection of the petitioner. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel for the respondents furnished written instructions dated 29.09.2026 issued by the respondent No.5, wherein, it is stated as follows: “It is further brought to notice that prior to the subsequent request made by petitioner / builder, the site owner Suri Venkata Lakshmi had approached the Hon'ble district court against the department wide W.P.No.3865 of 2026, inter alia raising a grievance that, the above service. connection had not been disconnected and that no new service connection was being issued to the unauthorized constructed penthouse by the petitioner. And the same is pending before the Hon'ble Court for further adjudication without any interim directions. Meanwhile, Sri Kamireddy Prudhvi Krishna So Kamireddy Raghuram builder and petitioner has approach to the department seeking either restoration of the earlier Service Connection No. 1511022109036463 which has already 6 disconnected and bill stopped or sanction of new service connection for the penthouse. In view of the above conflicting climes of the registered consumer / site owner and subsequent petitioner / builder and particularly in view the earlier court proceedings it is requested that specific legal advice may kindly be furnished before taking any decision, so the department may take further action strictly in accordance with the applicable departmental regulations and direction of competent judicial authority please.” 5. Learned Standing Counsel for the respondents further submits that the petitioner herein got constructed the subject pent house contrary to the building plan. In view of the complaint made by the land-lord/service connection holder about the illegal construction of the pent house, pursuant to the request of the petitioner, the service connection of the petitioners’ house might have been disconnected. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, the fact remains that the petitioner was provided electricity service connection all these years even though it appears that the subject construction is contrary to the approved plan. It is settled principle of law while initiating any action by the authority against the benefit already conferred upon the petitioner, the authorities concerned shall adhere to the principles of natural justice and due procedure which are the basic tenets of the law of administration. In the instant case, it is clear and categorical that the respondents solely acted upon the complaint of the land-lord without observing natural justice and due procedure as contemplated. Therefore, the impugned action of the disconnection of 7 electricity service connection of the petitioner by the respondents is contrary to law and liable to be set aside. 7. In view of the foregoing discussion, the present writ petition is disposed of, with the following directions: i) The respondents are hereby directed to restore the electricity service connection to the petitioner’s subject property, subject to payment of all the pending C.C. charges, if any. ii) However, the petitioner is also directed to make an application afresh seeking separate electricity service connection in his name by submitting all the required documents as required as per the Section 43 of the Electricity Act, 2003 as well as, as per Clause 5 of General Terms and Conditions of Supply, within a period of four (04) weeks from the date of receipt of a copy of this order. iii) It is also made clear that the restoration of electricity service connection is only for temporary period i.e., till consideration of the new application to be submitted by the petitioner. On receipt of such application, the respondents are directed to proceed further and pass appropriate orders, in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 01.10.2026 BSP/CJP 8 05 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27628 OF 2026 01.10.2026 BSP/CJP