APHC010408522026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22105 OF 2026 Between: 1. SMT YENDURI VASANTHA, w/o Late Siva Rao, Aged about 67 Years, Occ Politician ,R/o. H.No 5-39, Thakkellapadu Pedakakani Mandal, Guntur District Andhra Pradesh. Represented by the Registered GPA Holder Vanama Bala Vajra Babu son of V. Das, Aged about 52 years, SL Grand, G3, Ratnapuri colony Ex., Guntur Town District 2. Smt.Pathakamuri Kumari, w/o Late Pathakamuari Sitaramayya, Aged about 60 years, Occ House wife, R/o. D.No.4-15-61/19, Santhinagar Center, 2ND Lane, Guntur, Andhra Pradesh - 522007. Temporary residence SL Grand, G3, Ratnapuri colony Ex., Guntur Town District 3. Smt. Rasineni Rani, w/o. Venkateswara Rao, Aged 38 Years,Occ House wife , R/o. D.No.4-15-61/19, 2ND lane, Santhi Nagar Center, Chandramouli Nagar, Guntur, Andhra Pradesh - 522007 Temporary residence SL Grand, G3, Ratnapuri colony Ex., Guntur Town District 4. Smt. Pathakamuri Kiran Kumar, S/o Pathakamuari Sitaramayya, Aged about 34 years, Occ Business, R/o. D.No.4-15-61/19, 2ND lane, Santhi Nagar Center, Chandramouli Nagar, Guntur, Andhra Pradesh - 522007. Temporary residence SL Grand, G3, Ratnapuri colony Ex., Guntur Town District 2 5. Sri. Nelaturi Jaimie el Rohi, S/o Kishore Babu, Aged about 49 years, Occ Business R/o D.No.4-5-61/19, 2nd Lane, Santhi Nagar, Guntur, Andhra Pradesh. Present residence D.No.7-17-369 Mallikarjuna Peta, 5TH Line, Guntur Town District ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Energy Department, Secretariat, Velagapudi, Amaravati, A.P-522238. 2. The Chairman Managing Director, Southern Power Distribution Company of A.P. Limited (APCPDCL) Corporate Office, Srinivasa Nagar, Tirupati, Andhra Pradesh-517503. . 3. The Superintending Engineer, Operation Circle, APCPDCL, Guntur, Andhra Pradesh-522003 4. The Executive Engineer, Operation, Town-I Division, APCPDCL, Guntur, Andhra Pradesh-522003. 5. The Assistant Executive Engineer, Operation, D-11 Section, APCPDCL, Guntur, Andhra Pradesh-522003. 6. Yerramala Vijaya Kiran Babu, S/o.Prasada Rao, aged about 45 years, D.No. 7-6-933, Saradha Colony, 22 Lane, Rasool Nagar, Guntur District, Andhra Pradesh-522002 ...Respondents 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 toTo issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in granting another electricity service connection in favour of the respondent in respect of the premises bearing D.No.4-5-61/19, 2 nd Lane, 3 Santhi Nagar, Guntur, despite the subsistence of Service No. 1122500198585 in the name of the 1 St Petitioner, as illegal, arbitrary and without jurisdiction, and consequently set aside the said service connection and pass such other order or orders as this Honble Court 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 suspend the operation and implementation of the electricity service connection granted in favour of the 6TH Respondent in respect of the premises Lane, Santhi Nagar, Guntur, and while permitting nd bearing D.No.4-5-61/19, 2 the existing Service No. 1122500198585 standing in the name of the 1 Petitioner to continue, pending disposal of the main Writ Petition and pass IA NO: 2 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 amend the cause title of by substituting the description of Respondent No.2 as "2.The Chairman & Managing Director, Andhra Pradesh Central Power Distribution Corporation Limited (APCPDCL), Corporate Office, Beside Polytechnic College, ITI Circle, Vijayawada Road, Ibrahimpatnam, NTR District, Andhra Pradesh." in the place of "2. The Chairman & Managing Director, Southern Power Distribution Company of A.P. Limited (APCPDCL), Corporate Office, Srinivasa Nagar, Tirupati, Andhra Pradesh." and pass Counsel for the Petitioners: T SREEDHAR Counsel for the Respondents: GP FOR ENERGY Counsel for the Respondents:V V SATISH The Court made the following order: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22105 OF 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 declaring the action of the respondents in granting another electricity service connection in favour of the 6th respondent in respect of the premises bearing D.No.4-5-61/19, 2nd Lane, Santhi Nagar, Guntur, despite the subsistence of Service No.1122500198585 in the name of the 1st petitioner, as illegal, arbitrary and without jurisdiction, and consequently set aside the 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 owner of the property and petitioner Nos.2 to 5 are residents of the premises bearing D.No.4-5-61/19, 2nd Lane, Santhi Nagar, Guntur. Petitioner No.5 has been living in the subject property since twenty years. Initially, petitioner No.5 was granted electricity service connection in respect of the subject premises in the year 2011. While so, the respondent authorities also granted electricity service connection in favour of respondent No.6 against the very same premises without issuing any notice and without providing opportunity of hearing to the petitioner No.5 who is holding existing electricity service connection. For which, the petitioners submitted an application under Section 6 of the Right to Information Act, 2005 requesting the respondent authorities to provide 5 particulars on what basis the electricity service connection was granted in favour of respondent No.6. Pursuant to which, the respondent authorities provided information on 30.04.2025 stating that the service connection granted in favour of respondent No.6 herein is erroneous and due to mistake only. Thereafter, the respondent authorities informed to the respondent No.5 confirming that the petitioner No.5 is holding electricity service connection in respect of the subject premises. While so, again the respondent authorities issued service connection in favour of respondent No.6 without following due procedures as contemplated under General Terms and Conditions of Supply as required. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel for the respondents submits that there is a pending civil dispute pending between the petitioners and respondent No.6. The petitioners herein filed a suit against respondent No.6 herein for “recovery of possession of subject property” which is pending for consideration before the concerned Court. She further submits that as per the record of the respondents there are two service connections against the same premises in favour of the petitioner No.5 as well as respondent No.6. In view of the civil dispute regarding possession of subject property and existing two service connections, the respondent authorities should regularize the electricity service connection in respect of subject property as per law. However, if the petitioner No.5 submits a detailed complaint/ representation along with all documents to substantiate his title and possession over the subject property, the same would be considered by the respondents after 6 providing opportunity of hearing to both the parties and pass appropriate orders in accordance with law. 5. For which, learned counsel for the petitioners expressed readiness for submission of a detailed complaint/representation by the petitioners to the respondent authorities concerned for consideration and to pass a speaking order after providing opportunity of hearing to both the parties. 6. Considering the submissions made by both the learned counsel and perused the material placed on record. The fact remains that there is a civil dispute between the petitioners and respondent No.6 in respect of the subject house premises bearing D.No.4-5-61/19, 2nd Lane, Santhi Nagar, Guntur. In fact against the subject house premises initially there is an electricity service connection in favour of petitioner No.5 as contended by the learned counsel for the petitioners and also as admitted by the respondents in their counter- affidavit dated 30.04.2025. It is further observed that as per the reply given under the RTI Act, there are two electricity service connections stands in the name of the petitioner No.5 and respondent No.6 against the same residential premises. In view of the civil disputes and two service connections stands in the name of the petitioner as well as the respondent No.6, the same should be adjudicated basing upon the documents as well as possession over the subject property. It is settled law that as per the General Terms and Conditions of Supply, a possessor/occupier may not be in legal possession is entitled to have electricity service connection as envisaged under Section 43 of the Electricity Act, 2003. 7 7. In view of the foregoing discussion and in view of the consent expressed by the learned counsel for the petitioners, this Court is of the considered view the present Writ Petition can be disposed of, directing the petitioners to submit a detailed complaint/representation along with all the necessary documents to prove their title and possession over the subject property, within a period of two(2) weeks from the date of receipt of copy of this Order. After such submission, the respondents shall consider the same after conducting a detailed enquiry and after providing opportunity of hearing to the all parties concerned including respondent No.6 and pass appropriate orders in accordance with law, within a period of four (4) weeks thereafter. In the meanwhile, all the parties are directed to maintain status-quo obtaining as on today in respect of the subject property. 7. With the above direction, 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:17.08.2026 NOTE: C.C by 19.08.2026 (B/o) TPS/BSP 8 05 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22105 OF 2026 Date:17.08.2026 NOTE: C.C by 19.08.2026 (B/o) TPS/BSP