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2026 DAILYLAW 5788 (AP)

BAGI RENUKA v. A P SOUTHERN POWER DISTRIBUTION CORPORATION LTD.,(APSPDCL)

WP/17872/2023 · 2026-07-12

Venkateswarlu Nimmagadda

Public Interest Litigationbody2026

Judgment text

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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010348632023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY, THE 13th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17872/2023 Between: 1. BAGI RENUKA, W/O BAGI DORABABU, AGED ABOUT. 41 YEARS, HOUSE WIFE, R/O CHERUKURIVARIPALLE VILLAGE, YARRAVARLPALEM MANDAL, TLRUPATI DISTRICT. ...PETITIONER AND 1. A P SOUTHERN POWER DISTRIBUTION CORPORATION LTD APSPDCL, TIRUCHANUR ROAD, TIRUPATI, CHITTOOR DISTRICT. 2. DIVISIONAL ENGINEER, PILERU, CHITTOOR DISTRICT. 3. THE ASST DIVISIONAL ENGINEER, PILERU, CHITTOOR DISTRICT. 4. THE ASSISTANT ENGINEER, YARRAVARIPALEM MANDAL, TIRUPATI DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, AMARAVATHI. ...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 to declare the action of the 4th Respondent in 2 disconnecting the power supply to the petitioner house Plot No.336 vide Service Connection No.5712208002258, category LT1 Domestic without giving any notice is illegal, arbitrary, capricious, unconstitutional, against the principles of natural justice and violative of Article 14, 21 and 300A of Constitution of India. Consequently, direct the 4th Respondent to restore the power supply to the petitioner house by forthwith and to pass IA NO: 1 OF 2023 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 4th Respondent restore the power supply to the petitioner's house located in Plot No.336 vide Service Connection No.5712208002258, category LT1 Domestic pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR ENERGY 3. 3 The Court made the following ORAL ORDER: Heard learned counsel for the writ petitioner and the learned Standing Counsel for the Respondents. 2. This Writ Petition is filed challenging the action of the Respondent No.4 in disconnecting the power supply to the house of the writ petitioner, without following the due process of law. 3. Learned counsel for the writ petitioner submits that the petitioner is the resident of Cherukurivaripalli village, Yarravaripalem mandal and she was allotted house plot bearing R.S.No.336 by the Government of Andhra Pradesh. Thereafter, she constructed a house in that plot and also obtained electricity service connection bearing S.C.No.5712208002258 from the respondents. From the date of service connection, she has been paying the electricity consumption charges regularly to the Respondent No.1 Corporation. On 24.05.2023, the respondent authorities went to her house and disconnected the power supply under the directions of the Asst. Engineer, Yarravaripalem Mandal, Tirupati District (Respondent No.4). He further submits that the respondent authorities without following the due procedure as contemplated under general terms and conditions of the Supply Rules, 2006. 4. Per contra, learned Standing Counsel for the respondents submits that the petitioner has shifted the service connection to her new house from the existing house, without prior approval from the respondent authorities. As per the Supply Rules 2006, a connection cannot be shifted to any other place. 5. Basing on the rival contentions of both counsels, to ascertain the fact whether the service connection of the writ petitioner’s house was disconnected or not, this Court vide order dated 23.09.2023, had appointed an Advocate Commissioner. After visiting the subject premises, learned Advocate Commissioner has submitted his Report by stating that the allegation of the petitioner about disconnection of the service connection in 4 respect of RS.No.336 was disputed by the Respondents. The house is not situated in RS.No.336 and it is situated in some other place. Therefore, in view of the severe dispute between the two parties regarding the identification of particular house, the Advocate Commissioner has expressed his inability to set true facts of the case. 6. Learned Standing Counsel for the Respondents submits that the petitioner herself had shifted the service connection to her newly constructed house without prior approval from the respondents. She further submits that if the petitioner has submitted new application for service connection to the new house, the same can be considered as per the Rules prescribed. For which, learned counsel for the petitioner expressed his willingness to submit new application for her service connection to the new house. 7. Considering the submission made by counsels and the material placed on record, this writ petition is disposed of by directing the writ petitioner to submit a new application seeking fresh service connection to her new house within two weeks from the date of receipt of this order. After receipt of such application, the respondents are directed to consider the same and pass appropriate orders if the petitioner has submitted all the required documents as per the general terms and conditions of Supply Rules, 2006 within three weeks thereafter. 8. With these observations and directions, this Writ Petition is disposed of. No order as to costs. 9. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 13.07.2026 MNR Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No 5 179 HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.17872 OF 2023 Dt: 13.07.2026 Mnr