Golla Vijayamohan Reddy, S/o. Madhava Reddy v. Southern Power Distribution Company of A.P. Limited
WP/31519/2015 · 2026-09-06
Venkateswarlu Nimmagadda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9546 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9546 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010267922015
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31519 OF 2015 Between:
1. Golla Vijayamohan Reddy, S/o. Madhava Reddy, Occ: Agriculturist, R/o Acchanapalli, Akepadu Post, Rajampet Mandal, Kadapa District. ...Petitioner AND
1. Southern Power Distribution Company of A P Limited, Rep. by its Divisional Engineer, Operation Rajampet, Kadapa District.
2. The Assistant Engineer, Southern Power Distribution Company of A.P. Limited, Operation Rajampet, Kadapa District. ...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 a Writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in not releasing the service connection and power supply to the petitioner's bore well as sanctioned under the Memo No.DE/O/RJP/Comml/F/D.No.150/15, dt.16.04.2015 under Sanction No.46/2015-2016 of DEE/O/A/APSPDCL/RAJAMPET under AGL plan is illegal, unjust and improper while directing the respondents to release the service connection and power supply to the petitioner's bore well as sanctioned under the Memo
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No.DE/O/RJP/Comml/F/D.No.150/15, dt.16.04.2015 under Sanction No.46/2015-2016 of DEE/O/A/APSPDCL/RAJAMPET under AGL plan and pass IA NO: 1 OF 2015(WPMP 40762 OF 2015 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 to direct the respondents to release the service connection and power supply to the petitioner's bore well as sanctioned under the Memo No.De/O/RJP/Comml/F/D.No.150/15, dated 16.04.2015 under Sanction No.46/2015-2016 of DEE/O/A/APSPDCL/RAJAMPET under AGL plan forthwith, pending disposal of the writ petition and pass Counsel for the Petitioner: SRINIVAS EMANI Counsel for the Respondents: VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondents:JAGARLAMUDI KOTESWARI DEVI The Court made the following order:
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31519 OF 2015
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 not releasing the service connection and power supply to the petitioner's bore well as sanctioned under the Memo No.DE/O/RJP/Comml/F/D.No.150/15, dated 16.04.2015 under Sanction No.46/2015-2016 of DEE/O/A/APSPDCL/RAJAMPET under AGL plan is illegal, unjust and improper while directing the respondents to release the service connection and power supply to the petitioner's bore well as sanctioned under the Memo No.DE/O/RJP/Comml/F/D.No.150/15, dated 16.04.2015 under Sanction No.46/2015-2016 of DEE/O/A/APSPDCL/ RAJAMPET under AGL plan and pass such other order or orders….”
2. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents.
3.
Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land in Sy.No.58/1 at Srirangarajapuram Village, Rajampeta Mandal, Kadapa District. The petitioner has been cultivating the said lands by the water force drawn from the bore well. While so, in the year 2014, the petitioner dugged a bore well in the land adjacent to his land, which is classified as Government Land in Sy.No.1049/2 with the oral permission of the revenue authorities. Thereafter, the petitioner submitted an application for granting electricity service connection by laying line afresh. By considering the application of the petitioner, the respondents issued cost
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memo of Rs.48,100/- for laying line and providing service connection. The said amount was paid by the petitioner on 20.05.2015. Even after receipt of the said amount, for one reason or the other the respondents not provided any electricity service connection to the petitioner on the ground that some of the villagers have raised objections for laying of the line and providing electricity service connection claiming that the bore well was dugged at Government land and pipe line to be laid through Government Land. He further submits that there is no objection from the revenue authorities either for digging bore well or for drawing water by laying pipe line or for getting service connection for the subject bore well. Whereas, the petitioner also filed a suit i.e., O.S.No.85 of 2016 on the file of the Junior Civil Judge, Rajampet, against revenue authorities i.e., District Collector, Kadapa and also Tahsildar, Rajampeta. After considering the merits of the case, the trial Court granted permanent injunction in favour of the petitioner herein and against the defendants therein in respect of bore well and pipe line as prayed by the petitioner. In view of the permanent injunction granted by the trial Court vide
judgment and decree dated 09.01.2018, the petitioner cannot be denied for providing electricity service connection on the ground of objections raised by the third parties and on the ground that No Objection Certificate (NOC) from the revenue authorities did not submit by the petitioner. Having, received the entire amount from the petitioner for laying the electricity line for providing service connection, now the respondents cannot be permitted to keep quiet without providing service connection, in view of the judgment of trial Court as
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well as having received the amount from petitioner. Hence, the petitioner is entitled for the relief as prayed in the Writ Petition. 4. On the other hand, learned Standing Counsel for the respondents furnished written instructions dated 10.08.2026, wherein it is stated that while admitting the payment of amount by the petitioner for laying new service line, but due to the objections raised by the villagers and pursuant to the non- submission of NOC, the respondents are unable to provide electricity service connection as requested. He further submits that the petitioner did not submit any decree as relied/furnished before this Court along with his application. If the petitioner submits an application/representation along with the judgment rendered by the trial Court, there is no requirement of submission of NOC from the revenue authorities, the respondents should consider the application/representation of the petitioner and pass appropriate orders, accordingly. 5. In reply, learned counsel for the petitioner submits that the petitioner submitted a representation dated 02.09.2026 along with the judgment of the trial court, under which the petitioner was granted permanent injunction to avail water from the subject bore well through the pipe line. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that without going into the merits of the case, the present Writ Petition can be disposed of, directing the respondents to consider the representation
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dated 02.09.2026 submitted by petitioner along with the copy of the judgment of the trial Court and pass appropriate orders in accordance with law, within a period of four(4) weeks from the date of receipt of copy of this Order. 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.
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VENKATESWARLU NIMMAGADDA, J
Date:07.09.2026 Note: C.C. by one week B/o.TPS
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40 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 31519 OF 2015
Date:07.09.2026 Note: C.C. by one week B/o.TPS