Dogga Pedda Appa Rao v. the Andhra Pradesh Eastern Power Distribution Corporation Ltd.

Andhra Pradesh HC24 Sept 2024WP/21255/2024

Case brief

AI extract

What is this about?

Held that the electricity service connection of the petitioner is stayed pending disposal of the writ petition. Respondents are directed to consider the petitioner's explanation and provide a hearing to both parties before taking any action to disconnect the supply.

What did the court decide?

Stayed disconnection of electricity; directed respondents to provide hearing to petitioner and respondent No. 6 within four weeks.

Dogga Pedda Appa Rao Vs the Andhra Pradesh… — Service and Employment | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶2

(Special Original Jurisdiction)

¶3

WEDNESDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21255 OF 2024

¶6

Between:

¶7

Dogga Pedda Appa Rao, S/o Gangu Naidu, age 62 yrs, Rep. by GPA Holder Dr. Dogga Gowri Mahesh, R/o D.No.2-34, Near Ramalayam, Toorangi Village, Kakinada (R) Mandal, Kakinada- 533^016.

¶8

...PETITIONER

¶9

AND

¶10

The Andhra Pradesh Eastern Power Distribution Corporation Ltd., Rep. by its Chairman and Managing Director, Corporate Office,^Near Gurudwara, P and T colony Seetammadhara, Visakhapatnam^530013.

¶11

The Superintend Engineer, Operation Circle APEPDCL, Visakhapatnam, Visakhapatnam District.

¶12

The Executive Engineer (APEPDCL), Zone-3 operation,DPE, Corporate Office, Visakhapatnam, Visakhapatnam District.

¶13

The Deputy Executive Engineer (APEPDCL), Operation^SubDivision Pendurthi, Visakhapatnam.

¶14

The Assistant Executive Engineer, Operation, APEPDCL, Pendurthi, Visakhapatnam.

¶15

Uggina Govinda Raju, S/o Appala naidu, Rajayyapeta Village, Pendurthi Mandal, Visakhapatnam District, (as per the orders in RC.22/2024).

¶16

The Panchayat Secretary, Rajayyapeta Gram Panchayat,^Pendurthi Mandal, Visakhapatnam District.

¶17

...RESPONDENTS

¶18

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may

¶19

Writ, Order or direction more particulariy one in the

¶20

» be pleased to issue a the LR.

¶21

nature of Writ of Mandamus declaring Dated 03-08-2024 issued by the

¶22

No.AEE/O/PDR/F.No.25/D.No.502/2024 5^*^ respondent as illegal arbitrary u nconstitutional and against the well of law and consequently set aside the same.

¶23

settled principles

¶24

lA NO: 1 OF 2024

¶25

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petitioh, the^{HighCourtmaybe} of LR. No. of all other proceedings in the pursuance pleased to stay th AEE/O/PDR/F.No:25/D.No-.502/2024, Dated 03-08-2024 issued by the 5 such other order or orders as deem fit and proper in respondent, and pass interest of the justice, pending of the case and in the the circumstance disposal of the above writ petition.' Counsel for the Petitioner: SRI CHALLA AJAY KUMAR .1 to 5: SRI K.l. SURESH, SC FOR Counsel for the Respondent Nos APEPDCL

¶26

Counsel for the Respondent No.6: SRI I. KOTESWARA RAO . SRIHARI, SC FOR ZPP, MPP & Counsel for the Respondent NoJr SRI N GRAM PANCHAYAT

¶27

The Court made the following: ORDER

¶28

APHC010417912024

¶29

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329] (Special Original Jurisdiction)

¶30

WEDNESDAY ,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶31

PRESENT

¶32

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶33

WRIT PETITION NO: 21255/2024

Between:

Dogga Pedda Appa Rao

...PETITIONER

AND

The Andhra Pradesh Eastern Power Distribution Corporation Ltd and Others

¶39

...RESPONDENT(S)

¶40

Counsel for the Petitioner:

¶41

1.CHALLA AJAY KUMAR

¶42

Counsel for the Respondent(S):

¶43

¶44

The Court made the following:

¶45

¶46

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶47

WRIT PETITION NO: 21255/2024

¶48

ORDER:-

¶49

This writ petition is filed under Article 226 of the^Constitution of India seeking following relief:

¶50

...to issue a Writ, Order or direction more particularly one In the nature of Writ of Mandamus declaring the LR. No.AEE/O/PDR/F. No. 25/D. No. 502/2024, Dated 03.08.2024 issued by the 5Ih respondent as illegal, arbitrary, unconstitutional^and against the well settled principles of law and consequently set aside the same and be pleased to pass such other order or orders may deem fi^jfnd proper in the interest of justice and in the circumstances of the case and to pass such other order or orders...”

¶51

Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents.

¶52

Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor the land admeasuring^toanextent of Ac.0.29 cents in Sy.No.95/3 of Rajayyapeta Village, Pendurthi Mandal, Visakhapatnam District, having acquired the^same for valid sale consideration through a registered document dated^28.06.2019. Thereafter, the petitioner herein was granted electricity service

¶53

¶54

connection upon prima-facie satisfaction of the title and possession over the subject property by the petitioner. While things stood thus, pursuant to the complaint made by the 6'^ respondent herein, who is also claiming title over the subject property, the 5*^ respondent^hereinissued notice dated 03.08.2024 to the petitioner alleging that the subject property has been purchased by the 6^'^ respondent herein in the year 2008 and further, directing the petitioner herein to submit an explanation to that effect within a period of seven days from the date of receipt of notice, failing which the subject electricity connection will be disconnected. Having received the said notice, the petitioner herein submitted detailed explanation dated 09.08.2024 explaining^hisclaimof title and possession over the subject property along^{withthenatureof} disputes between the petitioner and the 6*'^ respondent. Even after receipt of the said explanation, the respondent, so far neither disposed of the said representation nor issued any proceedings to the petitioner. But, the respondents are trying to disconnect the electricity service connection of the petitioner. Hence, writ petition. 4. On the other hand, learned Standing Counsel appearing^for respondent Nos. 1 to 5 submits that since the petitioner^submittedan explanation dated 09.08.2024, pursuant to the notice^{dated03.08.2024} issued by the 5'^ respondent, the same can be considered by the respondents in reference to the general terms and conditions of the

¶55

¶56

a I j

¶57

Supply of Distribution and Retail Supply Licenses Rules,^2006and will pass appropriate orders.

¶58

Having regard to the submissions made by the learned^counsel for the petitioner and learned standing Counsel for^{therespondentsand} is of the

¶59

on perusal of the material placed on record, this Court considered view that the present writ petition can be disposed of, directing respondent Nos. 3 to 5 herein to consider^{theexplanation} dated 09.08.2024 submitted by the petitioner, after providing opportunity of hearing to the petitioner as well as^{respondentNo.6,who} is the defacto complainant and necessary party, in^{accordancewithlaw,} within a period of four (04) weeks from the date of^{receiptofacopyof} this order. In the meanwhile, the respondents are directed not to disconnect the electricity service connection of the^petitioner. 6. With the above direction, the writ petition is disposed^of.There shall be no order as to costs.

¶60

Consequently, miscellaneous applications pending if^any, shall stand closed.

SD/- N.NAGAMWIA

//TRUE COPY//

tCER SECTl

To,

The Chairman and Managing Director, Andhra Pradesh^EasternPower Distribution Corporation Ltd., Corporate Office, Near^{Gurudwara,Pand} T colony Seetammadhara, Visakhapatnam 530013.

¶66