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2026 DAILYLAW 3690 (AP)

Akbar Hussain v. The Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL)

WP/15915/2026 · 2026-06-21

Venkateswarlu Nimmagadda

body2026

Judgment text

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Neutral Citation:________________ Date of reserved for orders : Date of Pronouncement :22.06.2026 Date of uploading : APHC010303142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15915/2026 Between: 1. AKBAR HUSSAIN, , S/O. AGA HUSSAIN, AGED 70 YEARS, R/O. NAGARAM VILLAGE, MAMIDIKUDURU MANDAL DR. B R AMBEDKAR KONASEEMA DIST., ...PETITIONER AND 1. THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED APEPDCL, REP. BY ITS CHAIRMAN, C/O.50-27- 5/1, P AND T COLONY, SEETHAMMADHARA,VISAKHAPATNAM, AP- 530 013. 2. THE DIVISIONAL ENGINEER, APEPDCL, AMALAPURAM. DR. B R AMBEDKAR KONASEEMA DIST - 533 201. 3. THE ASSISTANT ENGINEER, APEPDCL, C/O.33/11 KV SUB STATION, NEAR NAGARAM POST, MAMIDIKUDURU MANDAL. DR. B R AMBEDKAR KONASEEMA DIST - 533 247. 4. THE BHARA IMMAM PANJA, REP. BY ITS PRESIDENT, NAGARAM VILLAGE, MAMIDIKUDURU MANDAL. DR. B R AMBEDKAR KONASEEMA DIST - 533 247. 2 5. MOHAMMED LIYAKAT ALI, S/O. NOT KNOWN TO THE PETITIONER R/O. NAGARAM VILLAGE, MAMIDIKUDURU MANDAL, DR. B R AMBEDKAR KONASEEMA DIST - 533 247. ...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 topleased to issue Order or orders, direction or directions, writ or writs particularly one in the Writ of Mandamous, declare the action of the respondents particularly Respondent No.3 threatening disconnect the service connection No.1414360514001282 of the Bhara Immam Panja Nagaram Village, Mamidikuduru Mandal, Dr. B R Ambedkar Konaseema Dist., without passing any orders, without initiating any proceedings is illegal arbitrary and amount to interfere in to the rights of minority institutions and against the provisions of AP Electricity Act., and violative of Articles 14, 25,26,28 and 29 of the Constitution of India consequently direct the respondent not to disconnect the electricity connection existing for a long time to the the Bhara Immam Panja Nagaram Village, Mamidikuduru Mandal, Dr. B R Ambedkar Konaseema Dist., and to 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 pleased to direct the respondents not to disconnect the electricity connection bearing service connection No. 1414360514001282 to “the Bhara Immam Panja” Nagaram .£ Village, Mamidikuduru Mandal, Dr. B R Ambedkar Konaseema Dist., Pending disposal of main writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15915/2026 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a order or orders, direction or directions, writ or writs particularly one in the Writ of Mandamus, declare the action of the respondents particularly Respondent No.3 threatening disconnect the service connection No.1414360514001282 of the “Bhara Immam Panja” Nagaram Village, Mamidikuduru Mandal, Dr. B.R.Ambedkar Konaseema Dist., without passing any orders, without initiating any proceedings is illegal, arbitrary and amount to interfere in to the rights of minority institutions and against the provisions of AP Electricity Act., and violative of Articles 14, 25, 26, 28 and 29 of the Constitution of India consequently direct the respondent not to disconnect the electricity connection existing for a long time to the “Bhara Immam Panja”, Nagaram Village, Mamidikuduru Mandal, Dr.B.R.Ambedkar Konaseema Dist., and to pass such other order or orders…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the Mujaver of the “Bhara Immam Panja” situated at Nagaram Village, Mamidimkuduru Mandal, Dr.B.R.Ambedkar Konaseems District. While so, on 30.05.2005, the respondents have provided electricity connection to the panja vide service connection No.1414360514001282. Since then, the petitioner has been paying the electricity charges regularly without any fail. Later, basing upon the false complaint made by the respondent No.5, respondent No.3 4 issued a letter dated 08.05.2026 directing the petitioner to produce the evidence showing that the panja is with the Gram Panchayat and NOC which was issued by the Gram Panchayat for issuing electricity connection for the panja. For which, the petitioner herein along with others submitted a reply/ explanation on 04.06.2026 stating that since the electricity connection was granted twenty years back, they were unable to locate the NOC and other relevant documents submitted at the time of granting of electricity connection. Even after receipt of said reply, the respondents did not pass any orders. Without considering the explanation/ reply submitted by the petitioner along with some others, the respondents are threatening to disconnect the electricity connection to the said panja. Hence, the writ petition. 4. On the other hand, learned Assistant Government Pleader for the respondents submits that the respondents would consider the explanation submitted by the petitioner and pass appropriate orders within a reasonable time, in accordance with law. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to consider the reply/ explanation dated 04.06.2026 submitted by the petitioner along with 5 others and pass appropriate orders after providing opportunity of hearing to all the parties concerned, within a reasonable time, in accordance with law. Till passing of such orders, the respondents are directed not to disconnect the electricity connection of the panja. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 22.06.2026 TTPPSS//BBSSPP Whether the order is: Speaking Reasoned Reportable Non-reportable 6 22 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15915/2026 22.06.2026 TTPPSS//BBSSPP