APHC010425642025 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: 21638/2025 Between: 1. PULLE PEDDA DASTAGIRI, S/O. P. NAGANNA, AGED 67 YEARS, R/O. D.NO, 3-107, THOLISHAPURAM VILLAGE, KURNOOL MANDAL AND DISTRICT - 518004, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION CO LTD, (APSPDCL), REP BY ITS CHAIRMAN AND MD, VIDYUT NILAYAM, KESAVAYANA GUNTA, TIRUPATI, ANDHRA PRADESH 3. THE SUPERINTENDENT ENGINEER, APSPDCL, OPERATION CIRCLE, NEAR NEW BUS STAND BALLARI ROAD KURNBOL-518004 4. THE EXECUTIVE ENGINEER, APSPDCL, KURNOOL, NEAR NEW BUS STAND, BALLARI ROAD KURNOOL- 518004 5. THE ASSISTANT EXECUTIVE ENGINEER, APSPDCL, KURNOOL RURAL, NEAR NEW BUS STAND BALLARI ROAD KURNOOL-518004 ...RESPONDENT(S): 2 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 any appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in disconnecting supply of electricity to the farm land of the Petitioner herein having service number 8322234000468 without any notice as illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Indian Constitution and pass IA NO: 1 OF 2025 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 5th Respondent to immediately restore the power supply to the farm land of the petitioner having service number 8322234000468; and/or pass IA NO: 2 OF 2025 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 vacate the interim orders dated 14-08-2025 passed in WP.No.21638 of 2025, and to pass Counsel for the Petitioner: 1. NIKHILESH T Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR ENERGY 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 21638 of 2025 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 Respondents in disconnecting supply of electricity to the farm land of the Petitioner herein having service number 8322234000468 without any notice as illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Indian Constitution and pass such other order …”. 2. Sri T.Nikhelish, learned counsel for the petitioner submits that petitioner is resident of D.No.3-107, Tholishapuram Village, Kurnool Mandal and District and he also obtained domestic electricity connection bearing Service No.8322234000468. He submits that without following due process of law, the official respondents disconnected the power supply on 12.08.2025. Aggrieved by the same, he instituted the present Writ Petition wherein this Court passed interim direction on 14.08.2025, to restore the power supply to the petitioner’s property, initially for the limited period, which was extended from time to time. 3. On the other hand, Sri K.Ashok, learned counsel representing Sri Venkata Rama Rao Kota, learned Standing 4 Counsel for APSPDCL submits that the petitioner availed the electricity service connection vide No.8322234000468, which is for domestic use, but the petitioner is using the said connection for commercial purpose, by running poultry farm in his land. As such, the respondent authorities initiated appropriate steps, by following due process of law. 4. At that juncture, learned counsel for the petitioner submits that the petitioner is interested to apply for commercial service connection, with all pre-requisite documents and required amounts and as such, he requests this Court to direct the respondent authorities to consider the petitioner’s representation in accordance with the law. 5. Sri K.Ashok, learned counsel representing Sri Venkata Rama Rao Kota, learned Standing Counsel for APSPDCL expressed no objection for the same. 6. In view of the above facts and circumstances of the case, instant Writ Petition is disposed of with the following terms: i) Petitioner is hereby directed to apply for commercial electricity connection, with all pre-requisite documents and 5 requisite amounts, within a period of four (04) weeks, from today. ii) On receipt of such application, the respondent authorities are directed to consider the petitioner’s application in accordance with law, more particularly, under Section 43 of the Electricity Act, 2013 and also General Terms and Conditions of Supply of Distribution and Retail Supply Licenses Approval, dated 06.01.2006 and pass appropriate orders, within a period of four (04) weeks, from the date of receipt of petitioner’s application. iii) Till disposal of petitioner’s application, respondent authorities are directed not to take any coercive steps against the petitioner’s existing service connection. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 31.03.2026 PSA