APHC010102452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5788/2026 Between: 1. B RAMA KRISHNARAJU, S/O. LATE SURYANARAYANA RAJU AGED 52 YEARS, R/O D.NO.2-62, JAGGAPURAM, GANTAYADA, NEELAVATHI,VIZIANAGARAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. - 522238. 2. THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, APEPDCL CORPORATE OFFICE, P T COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530013, ANDHRA PRADESH, 3. THE DISTRICT COLLECTOR, VIZIANAGARAM, VIZIANAGARAM DISTRICT - 535003 4. THE SUPERINTENDING ENGINEER, APEPDCL, VIZIANAGARAM - 535003 5. THE DEPUTY EXECUTIVE ENGINEER, OPERATION SUB-DIVISION, APEPDCL, BHOGAPURAM - 535216 2 6. THE ASSISTANT EXECUTIVE ENGINEER, APEPDCL, DENKADA. VIZIANAGARAM DISTRICT - 535006 7. THE ASSISTANT ENGINEER, APEPDCL, DENKADA, VIZIANAGARAM DISTRICT – 535006 8. THE TAHSILDAR, DENKADA MANDAL, VIZIANAGARAM DISTRICT - 535006 RR 3 TO 8 ARE IMPLEADED AS PER COURT ORDER DT.11.03.2026 IN I.A.NO.3 OF 2026. ...RESPONDENT(S): 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 action of the Respondent No.2 to 8 in constructing the substation and erecting the electricity towers across the land in which the Petitioner is residing i.e., land admeasuring Ac.5.48cts in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vijayanagaram District, as illegal arbitrary in violative Article 14, 19 and 21 of Constitution of India and consequently direct the Respondent No.2 to 8 not to erect the electricity towers across the land in which Petitioner are residing i.e., land admeasuring Ac.5.48cts in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vijayanagaram District, Pedathadivada and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice and circumstances of the case. The Main Prayer and Interim Prayer are amended as per Courts Order dt.06.03.2026 in I.A.No.2 of 2026 3 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 No.2 Corporation not to erect the electricity towers across the land in which Petitioner are residing i.e., land admeasuring Ac.5.48cts in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vijayanagaram District pending disposal of the writ petition and pass IA NO: 2 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 May be pleased to amend the main prayer and interim prayer in the present W.P.No.5788 of 2026 as follows Main Prayer It is therefore prayed that this Honble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.2 to 8 in constructing the substation and erecting the electricity towers across the land in which the Petitioner is residing i.e., land admeasuring Ac.5.48cts in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vijayanagaram District, as illegal arbitrary in violative Article 14, 19 and 21 of Constitution of India and consequently direct the Respondent No.2 to 8 not to erect the electricity towers across the land in which Petitioner are residing i.e., land admeasuring Ac.5.48cts in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vijayanagaram District, 4 Pedathadivada and pass such other order. or orders as this Hon'ble Court may deem fit and proper in the interest of justice and circumstances of the case. Interim Prayer It is further prayed that this Honble Court may be pleased to direct the Respondent No.2 to 8 not to erect the electricity towers across the land in which Petitioner is residing i.e., land admeasuring Ac.5.48cts in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vijayanagaram District pending disposal of the writ petition and pass IA NO: 3 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 May be pleased to permit the petitioner to Implead the Proposed Respondent No.3 to 8 as party respondents No.3 to 8 in the present W.P.No.5788 of 2026 as party Respondents and pass Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. GP FOR ENERGY 2. GP FOR REVENUE 3. V V SATISH (SC for APEPDCL) 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5788 of 2026 The Court made the following Order: Instant Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India is filed for the following relief: “.... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 to 8 in constructing the substation and erecting the electricity towers across the land in which the Petitioner is residing i.e., land admeasuring Ac.5.48cts in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vijayanagaram District, as illegal arbitrary in violative Article 14, 19 and 21 of Constitution of India and consequently direct the Respondent No.2 to 8 not to erect the electricity towers across the land in which Petitioner are residing i.e., land admeasuring Ac.5.48cts in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vijayanagaram District, Pedathadivada and pass such other order. or orders as this Hon'ble Court may deem fit and proper in the interest of justice and circumstances of the case. Interim Prayer It is further prayed that this Honble Court may be pleased to direct the Respondent No.2 to 8 not to erect the electricity towers across the land in which Petitioner is residing i.e., land admeasuring Ac.5.48cts in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vijayanagaram District pending disposal of the writ petition and pass such other order …”. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 6 3. Learned counsel for the petitioner submits that the petitioner is residing in an extent of Ac.5.48 cents in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vizianagaram District by erecting RCC shed and raising cattle shed in the subject property. He further submits that the petitioner is having electricity connection to the said property. Learned counsel submits that the ancestors of petitioner instituted a Civil Suit vide OS No.388 of 1982 on the file of learned Principal District Munsif at Vizianagaram seeking permanent injunction against the Thasildar, Land Reforms Tribunal, Vizianagaram and three others including the owner of the subject land and the said suit was dismissed on 05.10.1990. Aggrieved by the same, First Appeal and Second Appeal were preferred, which were also dismissed. However, as of now, the subject property is in possession of the petitioner, as the concerned authorities have not taken any measures, in accordance with the law, to evict the petitioner. He submits that in the month of July, 2025, the 2nd respondent corporation authorities proposed to construct electricity sub- station and intending to erect electricity towers across the petitioner’s land. Sensing prejudice to the rights of the petitioner, the present Writ Petition is filed. 7 4. On the other hand, Kum.K.Aishawaraya Chowdary, learned counsel representing Sri V.V.Satish, learned Standing Counsel for APEPDCL produced written instruction of the 5th respondent wherein it is stated that the 8th respondent handed over an extent of Ac.0.50 Cents of the Government Land in Sy.No.81-1, Pedathadivada Revenue Village to electrical department for construction of 33/11 KV Sub-Station vide Order dated 19.11.2025 of the 8th respondent. It is further stated that the 2nd respondent corporation has started construction work of 33/11 KV Sub-Station in the allotted land i.e., Ac.0.50 Cents of Government Land in Sy.No.81-1, Pedathadivada Revenue Village. 5. Even according to the version of respondent authorities, there is no prejudice to the petitioner’s land i.e., Ac.5.48 cents in Sy.No.81/1, Pedathadivada Village, Denkada Mandal, Vizianagaram District. 6. Written Instructions of the 5th respondent is taken on record. 7. Placing reliance on the Written Instructions of the 5th respondent, Kum.K.Aishawaraya Chowdary, learned counsel 8 representing Sri V.V.Satish, learned Standing Counsel for APEPDCL fairly submits that the Writ Petition may be closed. 8. Learned counsel for the petitioner reported no objection to the said contention. 9. In view of the above submissions, placing reliance on the Written Instructions of the 5th respondent, the Writ Petition is disposed of. However, if the respondent authorities intend to erect any sub-station or lay any electric lines across the petitioner’s land, the respondents are directed to follow due process of law. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 01.05.2026 PSA