Disposed

Mallavalli Venkata Sailaja Devi v. the State of Andhra Pradesh

Andhra Pradesh HC11 Dec 2024WP/4069/2024

Case brief

AI extract

What is this about?

Petitioner sought writ against disconnection of electricity supply to her residence. Connection was in third-party's name. Court directed Court to file fresh application with documents proving possession, respondents to hear both parties, and assured consideration within three weeks.

What did the court decide?

Directing petitioner to submit new service connection application and prove possession within two weeks; Respondents to consider application and provide hearing within three weeks.

Mallavalli Venkata Sailaja Devi Vs the State… — Service and Employment | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE TWELFTH DAY OF DECEMBER

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/A
o 3D

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TWO THOUSANDAND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 4069 OF 2024

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Between:

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Mallavalli Venkata Sailaja Devi, W/o. Late Nageswara Rao, aged about 59 years, R/o.Flat No. 108, Brundavanam Apartments, Nuzvid Town and Mandal, Eluru District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Through the Principal Secretary Department of Energy, Secret^riat>elagapudi, Amaravathi,^Guntur

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District.

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The A.P. Central Power DistHbution, Corporation Limited, Rep by Its Chairman and Managing Director, Beside Polytechnic College, ITI Road, Vijayawada, Krishna District.

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The Superintendent Engineer (Operation),, Near PWD Grounds, Vijayawada, NTR District.

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The Divisional Engineer (Operation), APCPDCL, Nuzvid town and Mandal, Eluru District.

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The Assistant Divisional Engineer (Operation), APCPDCL, Nuzvid town and Mandal, Eluru District

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The Assistant Engineer (Operation), APCPDCL, Nuzvid town and Mandal, Eluru District.

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Patapanchala Narasimha Murthy, S/o. not known to the Petitioner, Aged Major, R/o. Brundavanam Apartments, Nuzvid Town and Mandal, Eluru District.

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//•

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(R7 is impleaded as per Court’s order dt.12.12.2024^inlA No.02/2024 in Writ Petition and affidavit.)

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...RESPONDENTS

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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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in disconnecting the power supply to the Unique Service No.6611100020555 of residential Flat No. 108, Brundavanam Apartment, Nuzvid Town and Mandal, Eleuru District without issuing any notice nor without disclosing the reasons for disconnection as arbitrary, illegal, capricious and violative of provisions of the Electricity Act, 2003 as well as the General Terms and Conditions of Power Supply and consequently direct the respondents to resume the power supply to the Unique Service No.6611100020555 of the petitioner forthwith. lA NO: 1 OF 2024 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 restore the power supply to the Unique Service No.6611100020555 of residential Flat No. 108, Brundavanam Apartment, Nuzvid Town and Mandal, Eleuru District forthwith, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI SAI GANGADHAR CHAMARTY Counsel for the Respondent No.l: GP FOR ENERGY

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Counsel for the Respondent Nos.2 to 6:SRI V.R.REDDY KOWURI, SC

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FOR APCPDCL

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Counsel for the Respondent No.7:---

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The Court made the following: ORDER

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APHC010073512024

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

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[3329]

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THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 4069/2024

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Between:

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Mallavalli Venkata Sailaja Devi

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.SAI GANGADHAR CHAMARTY Counsel for the Respondent(S):

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1.GP FOR ENERGY (AP)

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2.V R REDDY KOWURI (SC FOR APCPDCL)

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The Court made the following:

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ORDER:-

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This writ petition is filed claiming the following^relief:

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“...To issue an appropriate Writ, Order or direction^more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in disconnecting the power supply to the Unique Service No.6611100020555 of residential Flat No. 108, Brundavanam Aparment, Nuzvid Town and Mandal, Eluru District without issuing any notice nor without disclosing the reasons for disconnection as arbitrary, illegal, capricious

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and violative of provisions of the Electricity Act,^2003aswellas the General Terms and Conditions of Power Supply and consequently direct the Respondents to resume the power supply to the Unique Service No.6611100020555 of the petitioner forthwith and to pass such other order or^orders...”

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The case of the petitioner is as follows:

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The petitioner herein is in possession and enjoyment^{oftheresidential} house bearing Flat No.108, Brundavanam Apartment, Nuzvid Town and Mandal, Eluru District and acquired the same out of the partition. While so the partnership firm obtained electricity service connection i.e. bearing Unique Service No.6611100020555 for the Flat No.108, which is in possession of the petitioner.

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While things stood thus, the unofficial Respondent No.7, who is claiming ownership over the subject property and also being a partner, made an application to the Respondent Authorities for disconnection of the subject electricity service connection bearing Unique Service No.6611100020555. Obeying the request of the unofficial Respondent, the Respondent Authorities disconnected the service connection of the petitioner, without issuing any notice and without following any procedure as contemplated under the provisions of the Electricity Act, 2003 as well as^{theGeneralTermsand} Conditions of Power Supply Rules, 2006. Hence the writ petition.

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Learned counsel for the petitioner submits that Section⁴³ of the Electricity Act, 2003, which clearly envisages that^{evenanencroacherisalso}

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entitled to have a electricity service connection.^{But,contrarytothepurportof} the Section 43 of the Electricity Act, 2003, the Respondents^{notconsidered} the new application forwarded by the petitioner vide^{ApplicationRegistration} N0.66111N64992, dated 04.03.2024, which is contrary^{totheSection43of} the Act as well as Clause 5.2.2 of the General Terms^{andConditionsofPower} Supply Rules, 2006. Hence the petitioner is entitled^{forreliefclaimedinthe} writ petition.

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On the other hand, learned Standing Counsel for Respondent^Nos.2to 6 submits that the subject connection which is in existence in respect of subject property stands in the name of the unofficial^{RespondentNo.7who} submitted his application seeking for disconnection^{ofthesubjectelectricity} service connection. Once the electricity service connection^{standsinthename} of unofficial Respondent No.7 and he makes an application^{fordisconnection} of the same, the Respondent Authorities have no other^{optionexceptto} disconnect the subject service connection, since he is the master of the subject service connection. She further submits that^{ifthepetitionerintendsto} have another electricity service connection, let there^{beaanotherapplication} afresh subject to production of required documents^{andtheapplicationofthe} petitioner can be considered as per clause 5.2.2 of^{theGeneralTermsand} Conditions of the Power Supply.

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Heard learned counsel for the petitioner and learned^{StandingCounsel} for Respondent Nos.2 to 6 and perused the material placed on record.

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It appears that the petitioner herein possession and enjoyment of the subject property by virtue of agreement between the petitioner and the unofficial Respondent No.7. It is a fact that the electricity^{serviceconnection} No.6611100020555 existing in respect of Flat No. 108^{isstandsinthe} name^of unofficial Respondent No.7 / third Party. But, not in the name of the petitioner.

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As contended by the learned Standing Counsel for the Respondents that since the third party is the owner and holder of the electricity service connection, he has every right either to continue or to disconnect the service connection with the Respondents.

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It is also observed that there is an application / request by the third party / holder of the service connection for disconnection of the subject service No.6611100020555.

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In view of the facts stated above, the action of the Respondents cannot be find fault with but considering the provisions under^Section43 of the Electricity Act, 2003 as well as Clause 5.2.2 of the General Terms and Conditions of the Power Supply Rules, 2006 as long as the petitioner is in possession and enjoyment of the subject property, she is entitled for a new electricity service connection which is a basic need for human^life.

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Having regard to the submissions made by both the counsel^andforthe reasons stated above, this Court is of the considered opinion that the present writ petition can be disposed of, directing the petitioner^to submit a new service connection application as required along with required documents

proving the possession over the subject property, within a period of two weeks from the date of receipt of a copy of this order. Upon^{suchsubmission} of application by the petitioner, the Respondent Authorities^{shallconsiderand} pass appropriate orders within a period of three weeks thereafter, in

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accordance with law.

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Further, the Respondents are specifically directed to provide an opportunity of hearing to both the parties more particularly^tothe unofficial Respondent No.7 herein, while considering the application of the petitioner.

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With the above-said direction, the writ petition is disposed of. There shall be no order as to costs.

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

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Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To,

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The Principal Secretary Department of Energy, State^ofAndhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Chairman and Managing Director, A.P. Central Power Distribution, Corporation Limited, Beside Polytechnic College, ITI Road, Vijayawada, Krishna District.

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