APHC010582902017 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: 20728 OF 2017 Between: 1. K. Sudhakar, S/0. Pedda Subbaramaiah,, Occ: Agriculture, Tambugaripalem Village, Aruru Village, Chittumuru Mandal, SPSR Nellore District. ...Petitioner AND 1. The A P Southern Power Distribution Company Ltd rep by, its Chairman & Managing Director, Door No.19-13-65/A, Srinivasapuram, Tiruchanoor rood, Tirupathi, Chittoor District. 2. The Divisional Engineer Operations APSPDCL Gudur, SPSR Nellore District. 3. The Assistant Divisional Engineer CO APSPDCL Sub, Division, Kota, SPSR Nellore District. ...Respondents Counsel for the Petitioner: V V S S KAMESWARA RAO Counsel for the Respondents: VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondents:V R REDDY KOVVURI(SC FOR APSPDCL) 2 The Court made the following ORAL ORDER: None present for the Writ Petitioner. 2. Heard Sri Venka Rama Rao Kota, learned Standing Counsel for APSPDCL. 3. The present Writ Petition is filed seeking following relief : “It is therefore, prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing proceedings vide LR No.AE/O/Chittamuru/ F.No.Aqua Services/D.No.121/17, dt.27.05.2017 threatening petitioner for disconnection of his electrical service ISC No.117 of Raghavaripalem in Revenue in Sy.No.63-1, 136-7, 124-5, 122-6, to an extent of Ac.3-34 cents, situated at Aruru Village, Chittamuru Mandal, SPSR Nellore District, as illegal, arbitrary, violative of principles of natural justice and consequently direct the respondents herein to drop all further proceedings in pursuance of the impugned proceedings LR No.AE/O/Chittamuru/ F.No. Aqua Services/D.No.121/17, dt. 27.05.2017 by directing the respondents not to disconnect the electrical service of the petitioner bearing ISC No.117 of Raghavaripalem in Revenue Sy. No. 63-1, 136-7, 124-5, 122-6, to an extent of Ac.3-34 cents, situated at Aruru Village, Chittamuru Mandal, SPSR Nellore District, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 4. Vide Order dated 04.09.2017 in W.P.M.P.No.25435 of 2017, this Court had passed the following Interim Order : “There shall be interim direction not to interfere with the Electricity Service Connection of the petitioner, if the petitioner’s aqua pond is located outside Eco-Sensitive Zone of Pulicat Bird Sanctuary in Sy.No.432 of Aruru Village in Chittamuru Mandal, SPSR Nellore District, until further Orders”. 5. Thereafter, the Respondent No.3 has filed the Counter Affidavit way back on 06.07.2017. In Para No.4 of the said Counter Affidavit, the Respondent No.3 had categorically stated as under : 3 “In the said notice, a mention was made that the fixation of electrical transformers and cables to the Aqua ponds in the eco sensitive zone of Pullicat Bird Sanctuary and directed him the Writ Petitioner to submit explanation for releasing power supply to the Writ Petitioner and others. Basing on the said notice, the Assistant Engineer issued the impugned notice to the writ petitioner.” 6. The above extract from the Counter Affidavit of the Respondent No.3 clearly states that the impugned notice dated 27.05.2017 was issued on the request made by the Divisional Forest Officer, Wildlife Management Division, Sullurpet, SPSR Nellore District. The above extract would also indicate that the electrical transformers and cables to the Aqua ponds in the Eco-sensitive Zone are required to be removed. Despite the above averments in the Counter Affidavit of the Respondent No.3, the Writ Petitioner herein had not chosen to take steps to implead the Divisional Forest Officer, Wildlife Management Division, Sullurpet, SPSR Nellore District, inasmuch as the said Divisional Forest Officer would be the contesting Respondent who would have to justify the issues arising from the impugned notice dated 27.05.2017. Since the Counter Affidavit was filed way back on 06.07.2017 but the Writ Petitioner has not taken any steps to bring on record the necessary party since July, 2017 till date, this Court is of the opinion that the present Writ Petition is not only bad for non-joinder of the parties but it is also devoid of any merit. 7. In this view of the matter, the Writ Petition is dismissed for non- joinder of necessary party and also as being devoid of any merit. Consequently, the interim order passed by the Court dated 04.09.2017 in W.P.M.P.No.25435 of 2017 stands vacated. No Order as to Costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 07.01.2026 JKS 4 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 20728 OF 2017 07.01.2026 JKS