APHC010096412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5337/2026 Between: 1. SATHI RAMAKRISHNA REDDY, S/O. RAMI REDDY, AGED 72 YEARS, R/O. D.NO.1-270, MAIN ROAD, SHANTHIPURAM, ANAPARTHI VILLAGE AND MANDAL, EAST GODAVARI DISTRICT - 533342 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238 2. THE EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, OFFICE AT 50275/1, TPT COLONY, SEETHAMMADHARA, VISAKHAPATNAM, ANDHRA PRADESH - 530013 3. THE SUPERINTENDING ENGINEER OPERATIONS, ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED (APEPDCL) RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT - 533101 4. THE EXECUTIVE ENGINEER, ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED (APEPDCL) ANAPARTHI MANDAL, EAST GODAVARI DISTRICT - 533342 5. THE DEPUTY EXECUTIVE ENGINEER, ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED (APEPDCL) ANAPARTHI MANDAL, EAST GODAVARI - 533342 6. THE ASSISTANT EXECUTIVE ENGINEER, ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY 2 LIMITED (APEPDCL) ANAPARTHI MANDAL, EAST GODAVARI DISTRICT - 533342 7. THE ASSISTANT ENGINEER OPERATIONS, ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED (APEPDCL), ANAPARTHI VILLAGE AND MANDAL, EAST GODAVARI DISTRICT - 533342 8. THE ANAPARTHI GRAM PANCHAYAT, REP. BY ITS SECRETARY, ANAPARTHI VILLAGE AND MANDAL EAST GODAVARI DISTRICT - 533342 ...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 mostly one which is in the nature of a Writ of Mandamus declaring the action of Respondent Nos.6 and 7 in insisting for obtaining No Objection from the Respondent to re install transformer on the existing 11KV Electrical Pole situated on the margin of Shantipuram Lakshmi Devi Temple Main Road, Anaparthi Village and Mandal, East Godavari District or to provide private land despite the availability of public land on the street as arbitrary, illegal, unjustified, unreasonable, untenable and violative of the provisions of the Electricity Act, 2003 and consequently direct the Respondents to re-install the transformer on the existing 11KV Electrical Pole or on another Pole 2 feet away from existing Pole at the expense of the Petitioner on the margin of Shantipuram Lakshmi Devi Temple Main Road Street, Anaparthi Village and Mandal, East Godavari District and 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 to stay all further proceedings pursuant to the Proceedings in Lr.No.AE/O/APT/F.NO-8/D.NO.20/2026, dt.06.01.2026 to cancel the estimate amount paid by the Petitioner vide P.R.No.2411277310041, dt.27.11.2024 pending the disposal of the Writ Petition and pass Counsel for the Petitioner: 1. VARREY VENKATA NAGA VISHNU TEJA Counsel for the Respondent(S): 1. GP FOR ENERGY 2. V V SATISH (SC for APEPDCL) 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5337 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 with the following prayer: “.... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos.6 and 7 in insisting for obtaining No Objection from the Respondent to re install transformer on the existing 11KV Electrical Pole situated on the margin of Shantipuram Lakshmi Devi Temple Main Road, Anaparthi Village and Mandal, East Godavari District or to provide private land despite the availability of public land on the street as arbitrary, illegal, unjustified, unreasonable, untenable and violative of the provisions of the Electricity Act, 2003 and consequently direct the Respondents to re-install the transformer on the existing 11KV Electrical Pole or on another Pole 2 feet away from existing Pole at the expense of the Petitioner on the margin of Shantipuram Lakshmi Devi Temple Main Road Street, Anaparthi Village and Mandal, East Godavari District and pass such other order …”. 2. Conception of the Writ Petition is that challenging the action of respondent corporation authorities in insisting for No Objection Certificate from the 8th respondent-Gram Panchayat for re- installation of dedicated transformer for the petitioner needs, petitioner filed the present Writ Petition. 4 3. Learned counsel for the petitioner submits that on 10.01.2026, petitioner preferred a representation to the 8th respondent-Gram Panchayat seeking permission, in other words, No Objection Certificate to re-install transformer. 4. Conversely, Ms.K.Aishwarya Chowdary, learned counsel representing Sri V.V.Satish, learned Standing Counsel for APEPDCL submits that Clause-5.2.6 of General Terms and Conditions of Supply of Distribution and Retail Supply Licenses Approval, dated 06.01.2006 stipulates that No Objection Certificate from the Gram Panchayat is pre-requisite. 5. At that juncture, learned counsel for the petitioner restricted her prayer to direct the 8th respondent to consider and pass appropriate orders on the petitioner’s representation dated 10.01.2026 at the earliest, as the petitioner is a senior citizen. He further submits that till disposal of petitioner’s application dated 10.01.2026, interim order dated 26.02.2026 granted by this Court may be in force. 6. Sri Y.Koteswara Rao, learned Standing Counsel for respondent No.8-Gram Panchayat without disputing receipt of petitioner’s representation dated 10.01.2026 stated that the 5 petitioner’s representation is pending consideration, as several objections were received from the neighboring persons. 7. Without going into the merits of the case, this Court deems it appropriate to dispose of the Writ Petition with the following terms: i) Respondent No.8 is hereby directed to consider and pass appropriate orders on the petitioner’s representation dated 10.01.2026, in accordance with the law, by giving an opportunity of hearing to the petitioner as well as affected parties, if any, within a period of four (04) weeks from the date of receipt of copy of this order and communicate the said order to the petitioner as well as to the 4th respondent by speed post with acknowledgment due to act in terms of the law. ii) In the interest of justice, this Court also directed the respondent corporation authorities not to cancel the estimate amount paid by the petitioner vide P.R.No.2411277310041 dated 27.11.2024, till the 4th respondent receives order from 8th respondent only. There shall be no order as to costs. 6 Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 31.03.2026 PSA