APHC010007272026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION Between: 1. KORRA AMBIKA DEVI, W/O. BONJUBABU, R/O SRINIVASA NAGAR, CHINAMUSHIDIWADA VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT 2. BORRA KRISHNAVENI,, W/O. BORA DALAPPA AGED ABOUT 46, R/O SRINIVASA NAGAR, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT 3. GAVIREDDY NAGAMANI, W/O. GAVIREDDY KOTESWARA RAO R/O SRINIVASA NAGAR, CHINAMUSHIDIWADA VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT, 522237 2. THE CHAIRPERSON, CONSUMER GRIEVANCES REDRESSAL FORUM, APEPDCL, VISAKHAPATNAM, 530020. 3. THE CHAIRMAN AND MANAGI OFFICE, APEPDCL, R/O.50 SEETHAMMADHARA, VISAKHAPATNAM 4. THE SUPERINTENDENT OF ENGINEER, (OPERATION) APEDCL CIRCLE OFFICE, WALTAIR MAIN ROAD, OPPOSITE TO GREEN IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 607/2026 KORRA AMBIKA DEVI, W/O. BONJUBABU, R/O SRINIVASA NAGAR, CHINAMUSHIDIWADA VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT - 530051. BORRA KRISHNAVENI,, W/O. BORA DALAPPA AGED ABOUT 46, R/O SRINIVASA NAGAR, CHINAMUSHIDIWADA VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT - 530051. GAVIREDDY NAGAMANI, W/O. GAVIREDDY KOTESWARA RAO R/O SRINIVASA NAGAR, CHINAMUSHIDIWADA VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT - 530051. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT, 522237 THE CHAIRPERSON, CONSUMER GRIEVANCES REDRESSAL FORUM, APEPDCL, VISAKHAPATNAM, 530020. THE CHAIRMAN AND MANAGING DIRECTOR CORPORATE OFFICE, APEPDCL, R/O.50-27-5/1, T.P.T COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530013 THE SUPERINTENDENT OF ENGINEER, (OPERATION) APEDCL CIRCLE OFFICE, WALTAIR MAIN ROAD, OPPOSITE TO GREEN IN THE HIGH COURT OF ANDHRA PRADESH [3328] THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA KORRA AMBIKA DEVI, W/O. BONJUBABU, R/O SRINIVASA NAGAR, CHINAMUSHIDIWADA VILLAGE, PENDURTHI MANDAL, BORRA KRISHNAVENI,, W/O. BORA DALAPPA AGED ABOUT 46, CHINAMUSHIDIWADA VILLAGE, 530051. GAVIREDDY NAGAMANI, W/O. GAVIREDDY KOTESWARA RAO R/O SRINIVASA NAGAR, CHINAMUSHIDIWADA VILLAGE, PENDURTHI ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, THE CHAIRPERSON, CONSUMER GRIEVANCES REDRESSAL NG DIRECTOR CORPORATE 5/1, T.P.T COLONY, THE SUPERINTENDENT OF ENGINEER, (OPERATION) APEDCL CIRCLE OFFICE, WALTAIR MAIN ROAD, OPPOSITE TO GREEN 2 PARK, JAGADAMBA JUNCTION, VISAKHAPATNAM- 530020. 5. THE DEPUTY EXECUTIVE ENGINEER OPERATIONS, APEPDCL, PENDURTHI, VISAKHAPATNAM, 530051. 6. THE ASSISTANT EXECUTIVE ENGINEER OPERATION, APEPDCL, SUJATHA NAGAR, PENDURTHI, VISAKHAPATNAM, 530051. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. MEGHANA DULLA Counsel for the Respondent(S): 1. GP FOR ENERGY 2. V V SATISH (SC for APEPDCL) The Court made the following: ORAL ORDER: Heard Ms. Meghana Dulla, learned Counsel for the Petitioner and Sri Nagendra, learned Counsel representing Sri V.V. Sathish, learned Standing Counsel for APEPDCL. 2. Sri Nagendra, learned Counsel representing Sri V.V. Sathish, learned Standing Counsel for APEPDCL has submitted the Written Instructions furnished by the Assistant Engineer, Operation dated 06.01.2026. Copy of it is supplied to the Counsel for the Petitioner and the same is taken on record. 3. The Written Instruction has dealt only with Writ Petitioner Nos.1 and 3 and is silent with regard to Writ Petitioner No.2. However, the contents of the Written Instruction would indicate that the official Respondents have raised an issue with regard to the Petitioners not being able to produce proper ownership documents. 4. After having considered the statutory provisions, as submitted by the learned Counsel for the Writ Petitioners, on the face of it, it appears to this 3 Court that the objection raised by the Assistant Engineer through the Written Instruction dated 06.01.2026 is unsustainable in law. 5. Section 43 of the Electricity Act, 2003 imposes a statutory obligation on the authority to supply electricity on request. 6. Section 43 of the Electricity Act, 2003 is usefully extracted hereunder: “Section 43. (Duty to supply on request): --- (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: 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. [Explanation:- For the purposes of this sub-section, “application” means the application complete in all respects in the appropriate form, as required by the distribution licensee, along with documents showing payment of necessary charges and other compliances.] 2) It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1) : Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the licensee to pay to him such price as determined by the Appropriate Commission. (3) If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default.” 7. This apart, Para 5.2.3 of the General Terms and Conditions of Supply of Distribution and Retail Supply Licensees in the State of Andhra Pradesh, which has been introduced vide Proceedings dated 06.01.2026, also imposes 4 an obligation on the part of the Licensee to supply electricity on request, even where the Applicant is not the owner of the premises. 8. Para 5.2.3 of the General Terms and Conditions of Supply of Distribution and Retail Supply Licensees in the State of Andhra Pradesh is usefully extracted hereunder: “5.2.3 An applicant who is not the owner of the premises he occupies and intending to avail of supply shall submit an Indemnity Bond drawn by the owner of the premises in favour of the company whereby the owner of the premises undertakes to indemnify the company for any loss caused to the company by the applicant (who is the tenant/ occupant of the Premises) arising out of the release of service to the tenant/ occupant. Otherwise he shall be required to pay three times the normal security deposit apart from providing proof of his being in lawful occupation of the premises.” 9. Having regard to these facts, this Court deems it appropriate to allow this Writ Petition with a direction to follow due process of law in terms of Section 43 of the Electricity Act, 2003 and Para 5.2.3 of the General Terms and Conditions of Supply of Distribution and Retail Supply of Licensees in the State of Andhra Pradesh. 10. The Writ Petitioners are directed to submit the required documents, including the Indemnity Document from the owner or three times the normal security deposit, within two weeks from today. From the date of receipt of the required documents, the Respondents shall supply electricity to the Writ Petitioners within two weeks thereafter. 11. Accordingly, the Writ Petition is allowed. No order as to costs. 12. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 07.01.2026 DSV 5 181 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 607/2026 07.01.2026 DSV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No.WRIT PETITION NO: 607/2026 PROCEEDING SHEET Sl. No DATE ORDER Office Note 1. 07.01.2026 GRKP, J Writ Petition is allowed. (vide separate order) ___________ GRKP, J DSV 7