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2026 DAILYLAW 1981 (AP)

A NEERAJA v. THE STATE OF ANDHRA PRADESH

WP/12484/2026 · 2026-05-04

Maheswara Rao Kuncheam

body2026

Judgment text

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APHC010235932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 12484 of 2026 Between: 1. A NEERAJA, W/O. D.PAVAN KUMAR, AGED ABOUT 31 YEARS, OCC HOUSE WIFE R/O. H.NO.27-8-500, N.T.R.NAGAR, NELLORE TOWN, NELLORE MUNICIPALITY. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522238 2. THE ANDHRA PRADESH CENTRAL POWER DISTRIBUTION CORPORATION LTD, REP., BY THE CHAIRMAN AND MANAGING DIRECTOR, OPERATION CIRCLE, APCPDCL, CIRCLE OFFICE, VIDYUTBHAVAN, SANGADIGUNTA, PONNUR ROAD, GUNTUR, ANDHRA PRADESH -522001. 3. THE ASSISTANT EXECUTIVE ENGINEER, OPERATION SECTION, PAMUR VILLAGE AND MANDAL, MARAKAPURAM DISTRICT.523108 4. THE PAMURU PANCHYATH, PAMURU MANDAL, MARKAPURAM DISTRICT., REP., BY ITS PANCHYATH SECRETARY.523108 ...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 2 direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in not processing the applications, vide applications No.4144N200362026FEB10, 4114N200232026FEB10 AND 41144N200092026FEB10 dated 10.02.2026 submitted by the petitioner stating that, petitioner failed to provide NOC from the Panchyath Executive Officer, eventhough, there is no such procedure as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles, apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.3 to consider the applications, vide applications No.4144N200362026FEB10, 4114N200232026FEB10 AND 41144N200092026FEB10 submitted by the petitioner, without insisting for NOC from the Panchyath Executive Officer 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 may be pleased to direct the respondent No.3 to consider the applications, vide applications No.4144N200362026FEB10, 4114N200232026FEB 10 AND 41144N200092026FEB10 dated 10.02.2026 submitted by the` petitioner, without insisting for NOC from the Panchyath Executive Officer, pending disposal of the above 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 direct the respondent No.4 to consider the representation, dated 20.04.2026 submitted by the petitioner and grant No Objection Certificate, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR ENERGY 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 12484 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 the respondent No.3 in not processing the applications, vide applications No.4144N200362026 FEB10, 4114N200232026FEB10 AND 41144N20009 2026FEB10 dated 10.02.2026 submitted by the petitioner stating that, petitioner failed to provide NOC from the Panchyath Executive Officer, even though, there is no such procedure as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles, apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.3 to consider the applications, vide applications No.4144N200362026FEB10, 4114N 200232026FEB10 AND 41144N200092026FEB10 submitted by the petitioner, without insisting for NOC from the Panchyath Executive Officer 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 sanction of electricity connection to the shop rooms belonging to the petitioner, petitioner filed the present Writ Petition. 4 3. Learned counsel for the petitioner submits that on 21.04.2026, petitioner preferred a representation to the 4th respondent-Gram Panchayat seeking permission, in other words, No Objection Certificate for obtaining electricity connection. 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 his prayer to direct the 4th respondent to consider and pass appropriate orders on the petitioner’s representation dated 21.04.2026 at the earliest. 6. Sri M.Sudheer, learned Standing Counsel for respondent No.4-Gram Panchayat without disputing receipt of petitioner’s representation dated 21.04.2026 stated that the petitioner’s representation is pending consideration. He further submits that the concerned Gram Panchayat will process the same, in terms of the law. 5 7. Without going into the merits of the case, this Court deems it appropriate to dispose of the Writ Petition directing the Respondent No.4 to consider and pass appropriate orders on the petitioner’s representation dated 21.04.2026, in accordance with the law, by giving an opportunity of hearing to the petitioner as well as aggrieved 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 3rd respondent, by speed post with acknowledgment, so as to act in consonance with Section 43 of the Electricity Act, 2003 and as per the Rules in vogue. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 05.05.2026 PSA