Date of reserved for orders : Date of pronouncement : 01.07.2026 Date of uploading : APHC010320452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17218/2026 Between: 1. SRIPADA SATYAVENI, W/O. NARASIMHACHARI, AGED 47 YEARS, OCC. CULTIVATION, R/0.D.N0.6-IOB NEAR PETROL BUNK, ADAMILLI VILLAGE, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 2. JAMPALA CHANDRA PRASAD,, S/O. NAGARAJU, AGED 38 YEARS, OCC. BUSINESS, OCC. ADAMILLI VILLAGE, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT - 522237. 2. THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED APEPDCL, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR AT VISAKHAPATNAM, VISAKHAPATNAM DISTRICT - 530001. 3. THE SUPERINTENDENT ENGINEER, OPERATION, THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED (APEPDCL), CIRCLE OFFICE AT ELURU, ELURU DISTRICT - 2 534001. 4. THE DIVISIONAL ENGINEER CUM APPELLATE AUTHORITY, OPERATION, THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED (APEPDCL) AT JANGAREDDYGUDEM, ELURU DISTRICT-534447. 5. THE DEPUTY EXECUTIVE ENGINEER, OPERATION, THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED (APEPDCL) AT KAMAVARAPUKOTA KAMAVARAPUKOTA MANDAL, ELURU DISTRICT - 534449. 6. THE ASST EXECUTIVE ENGINEER, OPERATION, THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED (APEPDCL) AT TADIKALAPUDI, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT-534452. 7. THE ASSISTANT ENGINEER, DPE-1 SUBDIVISION, THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED (APEPDCL), ELURU, ELURU DISTRICT - 534001. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents specifically the 4th Respondent/ Designated Officer for Appeal in not deciding the Appeal -cum- Objections, dated 22.04.2026 preferred by the 1st Petitioner against issuance of provisional assessment Notice/ Order, dated 20.11.2025 in Case No. DPE/AE3/DPE1/ELU/C41589/2025 alleging Electricity Theft and further action of Respondent Nos. 5 to 7 in contemplating to disconnect power supply to petitioners said service connection, as illegal, irregular, irrational and violative of principles of natural justice and contrary to the provisions of the Electricity Act, 2003 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondents specifically the 4th Respondent to forthwith decide said Appeal-cum-Objection s by restraining the Respondent Nos. 5 to 7 from disconnecting power supply to him said service connection 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 3 pleased to suspend the operation of assessment Notice/ Order, dated 20.11.2025 in Case No. DPE/AE3/DPE1/ ELU/C41589/2025 issued by the 6'^ Respondent and consequently restrain the Respondent Nos. 5 to 7 from disconnecting power supply to petitioners’ electricity service connection covered by said assessment notice, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR ENERGY The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17218/2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declaring the action of Respondents specifically the 4th Respondent/ Designated Officer for Appeal in not deciding the Appeal -cum- Objections, dated 22.04.2026 preferred by the 1st Petitioner against issuance of provisional assessment Notice/Order, dated 20.11.2025 in Case No. DPE/AE3/DPE1/ELU/ C41589/2025 alleging Electricity Theft and further action of Respondent Nos. 5 to 7 in contemplating to disconnect power supply to petitioners said service connection, as illegal, irregular, irrational and violative of principles of natural justice and contrary to the provisions of the Electricity Act, 2003 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondents specifically the 4th Respondent to forthwith decide said Appeal-cum-Objections by restraining the Respondent Nos. 5 to 7 from disconnecting power supply to him said service connection and pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. 3. The case of the petitioners herein is that petitioner No.1 is the absolute owner and possessor of the subject property admeasuring to an extent of Ac.1.47 cents in Sy.Nos.264/2 and 264/3 situated at Tadikalapudi Revenue Village (Adamilli Area), Kamavarapukota Mandal, Eluru District. Later, the petitioner No.1 alienated the subject property in favour of petitioner No.2 herein through a registered sale deed. Petitioner No.1 came to know that the petitioner No.2 leased out the subject land in favour of the third party i.e., one 5 K.Prem Kumar who established a poultry firm and house therein and there is an existing electricity service connection and enjoying the same. While so, due to non-mutation of the subject land in favour of the petitioner No.2/purchaser as a registered owner of the subject property, the petitioner No.1 was issued notice dated 20.11.2025 for payment of electricity charges on the ground of theft. Assailing the said order, the petitioner No.1 preferred an Appeal on 22.04.2026 before respondent No.4 herein. Even though Appeal was preferred on 22.04.2026, the appellate authority i.e., respondent No.4 herein so far neither considered nor disposed of the same. Whileso, the respondents are contemplating to take coercive action particularly disconnection of power supply. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel for the respondents submits that it is a clear case of electricity theft in respect of subject property/premises. Accordingly the authority concerned i.e., respondent No.5 assessed the electricity theft/pilferage and imposed electricity service charges including penalty. Therefore, such determination comes under the definition of civil liability. So far the determination of civil liability as alleged by the petitioner is concerned, the same has to be resolved by a Special Court as per the scheme provided under Section 154(5) of the Electricity Act, 2003 (hereinafter referred as “the Act”), but not by way of an extraordinary jurisdiction of this Court. She further submits that since an Appeal is preferred by the petitioner No.1, the same would be considered and appropriate orders would be passed within a reasonable time. 6 5. Heard both the learned counsel and perused material placed on record. It is an admitted fact that there is an LT commercial connection in respect of subject land. In view of the subject LT commercial connection, either the petitioners or third parties may mis-utilized the subject connection. As contended by the learned Standing Counsel after having inspection, the authority concerned i.e., respondent No.5 herein passed an order determining the energy charges caused theft under Section 135 of the Act. 6. Considering the submissions made by the learned counsel for the petitioners, it is observed that petitioner No.1 has already alienated the subject property in favour of petitioner No.2, who, in turn, granted tenancy rights to a third party, namely one K. Prem Kumar. As the alleged electricity theft is said to have been committed by the third party, the quantum of civil liability is required to be determined by the competent authority in accordance with Section 154(5) of the Act. The fact remains that the petitioner No.1 assailed the impugned demand notice dated 20.11.2025 issued by the respondent No.5 before the respondent No.4, who is appellate authority and the same is pending for consideration. It is settled principle of law that if statute is contemplating a right of appeal, when an appeal is preferred, the appellate authority is under statutory obligation to dispose of the appeal regarding determination before taking any coercive action against the petitioners. As contended by the learned Standing Counsel, even though it is a civil liability to be determined by a specific court as per scheme of the Act, since the appeal is pending, the same should be considered and pass appropriate orders be 7 passed by the respondents. Thereafter, if necessary, the petitioner No.1 can relegate to approach competent court for determination of civil liability as per Section 154(5) of the Act. 7. In view of the facts and circumstances as stated above, this Court is of the considered view the present Writ Petition can be disposed of, directing respondent No.4 herein to dispose of the appeal dated 22.04.2026, within a period of two weeks from the date of receipt of copy of this Order. After such disposal, if the petitioner No.1 has any grievance regarding speaking order of respondent No.4, petitioner No.1 is at liberty to proceed further for determination of civil liability as per section 154(5) of the Act as held by this Court in W.P.No.9271 of 2008. Till disposal of the Appeal, the respondents are restrained from taking any coercive action against the petitioners as well as service connection of the petitioners. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:01.07.2026 BSP/TPS Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 8 02 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17218/2026 Date:01.07.2026 BSP/TPS