Disposed

Maramreddi Chiranjeevi Reddy v. The a.P.Southern Power Distribution Company Limited

Andhra Pradesh HC6 Sept 2021WP/14983/2021

Case brief

AI extract

What is this about?

A single judge disposed of a writ petition challenging the initiation of power supply disconnection notices for aqua cultural farms. Pending consideration of the petitioners' explanations and in view of pending proceedings, the court directed the authority to consider the reply and maintain status quo.

What did the court decide?

Direction to the Assistant Executive Engineer to consider the petitioners' reply dated 14.07.2021 and decide within four weeks. Status quo maintained on service connections.

Maramreddi Chiranjeevi Reddy Vs The… — Service and Employment | Andhra Pradesh HC (2021)

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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.14983 OF 2021

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ORDER:

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Heard Sri C.Subodh, learned counsel for the petitioners and Sri Y.Nagi Reddy, learned Standing Counsel for respondents.

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This Writ Petition is filed under Article 226 of the Constitution of India for the following relief :

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“...declaring the action of respondents in trying to disconnect the power supply of the petitioners acqua cultural farms with Service Nos. 58, 70, 71, 52, 53 of Ranganadhapura village, Chittamur Mandal, SPSR Nellore District by issuing notices L.R.No.AEE/Operation/Chittamur F.No.D.No. 803/ 2021, dated 9.7.2021 as illegal, arbitrary and one without jurisdiction and consequently direct the respondents not to disconnect the power supply to the petitioners acqua cultural farms by setting aside the notice dated 9.7.2021 and ...”

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According to the petitioners, they are carrying on aqua culture by obtaining necessary authorizations. It is their case that the report submitted by the Joint Committee before the National Green Tribunal also shows that their activities are authorized.

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By way of the impugned notices dated 09.07.2021, 4^th respondent herein-Assistant Executive Engineer, Operations, APSPDCL, Chittamur, SPSR Nellore

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district, while referring to the orders of the National Green Tribunal, directed removal of the service connections within two weeks. 4^th respondent also stated in the impugned notices that in the event of there being any objections received from the petitioners, the same would be intimated to the superior authorities.

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It is submitted by the learned counsel for the petitioners that in response to the impugned notices dated 09.07.2021, the petitioners herein got a legal notice issued on 14.07.2021 in the form of a reply. It is further submitted by the learned counsel that now, without considering the said reply dated 14.07.2021 submitted by the petitioners through their counsel, the respondentsauthorities are contemplating to disconnect power supply to the petitioners’ service connections, and the said action is highly illegal, arbitrary and violative of principles of natural justice.

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It is also brought to the notice of this Court by the learned counsel for the petitioners that when the Fisheries Department initiated similar action for removal of prawn ponds, the petitioners herein approached this Court by way of filing Writ Petition No.13615 of 2021, and the said Writ Petition came to be disposed of, by this Court vide order dated 14.07.2021, leaving it open for the petitioners

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to submit explanations to the notices issued by the Director of Fisheries, Nellore within a period of two weeks from the date of receipt of a copy of the said order, and further directing to consider the said explanations and to pass appropriate orders within a period of three weeks from the date of receipt of the said order. It is also submitted by the learned counsel that so far, the Fisheries Department has not taken any action.

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Since the petitioners in the instant case also submitted explanations, by way of legal notice dated 14.07.2021 and as the same is pending consideration before 4^th respondent herein-Assistant Executive Engineer, Operations, APSPDCL, Chittamur, SPSR Nellore district, who issued the impugned notices dated 09.07.2021, this Court deems it appropriate and apposite to dispose of the present Writ Petition, with a direction to 4^th respondent to consider the said explanation submitted by the petitioners in the form of legal notice dated 14.07.2021, to the notices dated 09.07.2021, and take appropriate action/pass appropriate orders strictly in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Till the decision is taken in the said direction, status quo with regard to the subject service connections shall be maintained.

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No order as to costs of the Writ Petition.

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As a sequel, interlocutory applications pending, if

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any, in the Writ Petition shall stand closed.

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__________________ A.V.SESHA SAI, J 06.09.2021 DRK

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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No.14983 OF 2021

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06.09.2021

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DRK

Maramreddi Chiranjeevi Reddy v. The a.P.Southern Power Distribution Company Limited

Case brief

What is this about?

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Maramreddi Chiranjeevi Reddy v. The a.P.Southern Power Distribution Company Limited

Case brief

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What did the court decide?

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