Divikolu Subbarao Vs the State of Andhra Pradesh

Chinthalapudi Nageswara Rao S/o. Masthan, aged about 52 years, R/o. p. No. 2-174/A, Mamillapalli Village, oanthamaguluru Mandal, Bapatia District, A.P.

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Pusukuri Pothuraju, S/q. Ramaiah, aged about 42 years, R/o. p. No. 1-51 Cl, Mamillapalli Village Panthamaguluru Mandal, Bapatia District, A.P.

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5. Shaik Khajavali,

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S/o. Meera Saheb, aged about 51 years R/o. D. No. 1-311, Kundurru Village oanthamaguluru Mandal, Bapatia District, A.P.

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Shaik Bude Saheb,

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S/o. Mavula Saheb, aged about 73 y -ears R/o, D. No. 2-80, Mamillapalli Village Santhamaguluru Mandal, Bapatia District A.P.

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7. Avula Rathaiah,

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S/o. Venkata Subbaiah, aged about 43 years R/o, D. No. 2-64, Mamillapalli Village Santhamaguluru Mandal, Bapatia District A.P.

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Avula Chinna Raghavulu, S/o. Venkata Subbaiah, aged about 48 years, R/o. Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P.

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Chinthalapudi Suresh, S/o. Naraiah, aged about 50 years, R/o. Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P.

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Chimata Rainbabu, S/o. Veeraiah, aged about 37 years, R/6. D. No. 1-111/A, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P.

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Uppalapati Naga Subbamma, W/o. Nageswara Rao, aged about 53 years, R/o. D. No. 1-26/B, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P.

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Dudekula @ Noor Basha Chinna Mastan, S/o. Pedda Pulla Saheb, aged about 75 years, R/o. D. No. 2-68, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P.

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Peddeti Yesu, S/o. Pothu Raju, aged about 49 years, R/o. D. No. 1-36a, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P.

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14. Bommidi Guravaiah,

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S/o. Chinna Veeraiah, aged about 48 years, R/o. D. No. 1-115C, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P.

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15. Muraboina Brahmaiah,

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S/o. Venkateswara Rao, aged about 54 years, R/o. D. No. 2-197, Mamillapalli Village, Santhamaguluru Mandal, Bapatia District, A.P.

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...Petitioners

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And

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The State of Andhra Pradesh, Rep. by its PrI. Secretary, Energy Department, Secretariat, Velagapudi, Arnaravathi

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A.P. Central Power Distribution Company Limited (APCPDCL), Rep. by the Chairman and Managing Director Beside Polytechnical College, ITI Road, Vijayawada, N.T.R. District, A.P.

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The District Collector, Bapatia District, Bapatia

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The Superintending Engineer, Operations, APCPDCL, Guntur Circle, Guntur, Guntur District, A.P.

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The Executive Engineer, Operation Division, APCPDCL Bapatia, Bapatia District, A.P.

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The Deputy Executive Engineer Operations, APCPDCL, Martur, Bapatia District, A.P,

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The Assistant Executive Engineer, Operations, APCPDCL, Santhamaguluru, Bapatia District, A.P.

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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 a Writ, Order direction more particularly^{oneinthenatureof} Writ of Mandamus declaring the action of the Respondent^authorities in not providing service connections and installing transformers in the agricultural lands of the Petitioners situated in Mamillapalli Village of Santhamaguluru Mandal, Bapatia District even after receiving installation charge fees from the Petitioners as highly illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of India and direct the Respondent authorities to provide service connections and install transformers immediately in the agricultural lands of the Petitioners situated at Mamillapalli Village of Santhamaguluru Mandal, Bapatia District by considering their applications.

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lA NO: 1 OF 202fi

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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 pass an interim order by directing the Respondent authorities to consider the written representations dated 07.10.2024, 04.11.2024 and legal notice dated 11.10.2024 submitted by the Petitioners, until disposal of the writ petition.

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Counsel for the Petitioners: SRI SRINIVASA RAO NARRA Counsel for the Respondent No.1: GP FOR ENERGY

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Counsel for the Respondent Nos.2, 4 to 7:SRI V. V. SATISH, SC FOR APCPDCL

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Counsel for the Respondent No.3:GP FOR REVENUE

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The Court made the following order:

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[3331]

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APHC010027812025

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

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FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 1556/2025

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Between:

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DIVIKOLU SUBBARAO, S/0. RAMAIAH, AGED ABOUT 46 YEARS, R/0. D. NO. 2-46A, MAMILLAPALLI VILLAGE, SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P.

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GANDRU KRISHNAVENI,, W/0. SRINIVASA RAO, AGED ABOUT⁴⁸ YEARS R/0. D. NO. 2-15, MAMILLAPALLI VILLAGE, SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P

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CHINTHALAPUDI NAGESWARA RAO j) S/0. MASTHAN, AGED ABOUT 52 YEARS, R/0. D. NO. 2-174/A, MAMILLAPALLI VILLAGE, SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P

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PUSUKURI POTHURAJU ) j S/0. RAMAIAH, AGED ABOUT 42 YEARS, R/0. D. NO. 1-51 CL, MAMILLAPALLI VILLAGE, SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P

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SHAIK KHAJAVALI,, S/0. MEERA SAHEB, AGED ABOUT 51 YEARS, R/0. D. NO. 1-311, KUNDURRU VILLAGE, SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P.

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SHAIK BUDE SAHEB,, S/0. MAVULA SAHEB, AGED ABOUT 73 YEARS R/0. D. NO. 2-80, MAMILLAPALLI VILLAGE, SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P.

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AVULA RATHAIAH,, S/0. VENKATA SUBBAIAH, AGED ABOUT⁴³ YEARS R/0. D. NO. 2-64, MAMILLAPALLI VILLAGE SANTHAMAGULURU MANDAL, BAPATIA DISTRICT, A.P.

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SRS,J W.P.No.l556of2025

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AVULA CHINNA RAGHAVULU S/0. VENKATA SUBBAIAH, AGED

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ABOUT 48 YEARS, R/0. VILLAGE,

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SANTHAMAGULURU MANDAL, BAPATIA DISTRICT , A.P.

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s/o. naraiah, aged about 50

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manual, B^ATrA^T'A.p"'^^"'^"' SANTHAMAGULURU

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10.CHIMATA RAMBABU,, S/O. VEERAIAH, AGED ABOUT 37 YEARS o/vM-p,.R/6. D. NO. 1-111/A, MAMILLAPALLI VILLAGE SANTHAMAGULURU MANDAL, BAPATIA DISTRICT A.P.

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SUBBAMMA,, W/0. NAGESWARA RAO AGED

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about 53 YEARS, R/0. D. NO. 1-26/B, MAMILLAPALLI V^LLACF SANTHAMAGULURU MANDAL, BAPATIA DISTRICT A.P.

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12.DUDEKULA @ NOOR BASHA CHINNA MASTAN,, S/O. PEDDA

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PULLA SAHEB, AGED ABOUT 75 YEARS R/0. D. NO. 2-68, MAMILLAPALLI VILLAGE, SANTHAMAGULURU MANDAL, BAPATIA

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DISTRICT, A.P.

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13.PEDDETI YESU,, S/O. POTHU “ RAJU, AGED ABOUT 49 YEARS,

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R/0. D. NO. 1-36A, MAMILLAPALLI VILLAGE, SANTHAMAGULURU

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MANDAL, BAPATIA DISTRICT. A.P

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14.BOMMIDI GURAVAIAH, S/O CHINNA VEERAIAH, AGED ABOUT 48

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YEARS R/0. D. NO. 1-115C, MAMILLAPALLI VILLAGE,

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SANTHAMAGULURU MANDAL, BAPATIA DISTRICT A.P.

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15.MURABOINA BRAHMAIAH,, S/O. VENKATESWARA RAO AGED ABOUT 54 YEARS, R/0. D. NO. 2-197, MAMILLAPALU VILLAGE SANTHAMAGULURU MANDAL, BAPATIA DISTRICT , A.P.

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...PETITIONER{S)

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AND

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1. THE STATE OF ANDHRA PRADESH REP. BY ITS PRI. SECRETARY

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ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI,

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AMARAVATHI

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POWER DISTRIBUTION COMPANY LIMITED

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APCPDCL, rep. by the CHAIRMAN AND MANAGING DIRECTOR,

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3

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BESIDE POLYTECHNICAL COLLEGE, ITI ROAD, VIJAYAWADA N.T.R. DISTRICT, A.P.

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3.THE DISTRICT COLLECTOR, BAPATIA DISTRICT, BAPATLA.

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4.THE SUPERINTENDING ENGINEER, OPERATIONS, APCPDCL GUNTUR CIRCLE GUNTUR, GUNTUR DISTRICT, A.P.

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5.THE EXECUTIVE ENGINEER, OPERATION DIVISION, APCPDCL BAPATLA, BAPATLA DISTRICT, A.P.

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6.THE DEPUTY EXECUTIVE ENGINEER, OPERATIONS, APCPDCL, MARTUR, BAPATLA DISTRICT, A.P.

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7.THE ASSISTANT EXECUTIVE ENGINEER, OPERATIONS, APCPDCL, SANTHAMAGULURU, BAPATLA DISTRICT, A.P.

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...RESPONDENT(S):

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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 tomay be pleased to issue a Writ, Order direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in not providing service connections and installing transformers in the agricultural lands of the Petitioners situated in Mamillapalli Village of Santhamaguluru Mandal, Bapatia District even after receiving installation charge fees from the Petitioners as highly illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of India and direct the Respondent^{authoritiesto} provide service connections and install transformers immediately in the agricultural lands of the Petitioners situated at Mamillapalli Village of Santhamaguluru Mandal, Bapatia District by considering their applications and pass such

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to pass an interim order by directing the Respondent authorities to consider the written representations dated 07.10.2024, 04.11.2024 and legal notice dated 11.10.2024 submitted by the Petitioners, until disposal of the writ petition and pass such

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SRS,J W.P.No.l556of2025

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Counsel for the Petitioner{S):

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1.SRINIVASA RAO NARRA

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Counsel for the Respondent(S):

1.GP FOR ENERGY

2.GP FOR REVENUE

3.VVSATISH

The Court made the following order:

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Heard Sri M. Narendar Babu learned counsel representing Sri Srinivasa Rao Narra, learned counsel for the petitioners and Ms. Priyanka, learned counsel representing respondents 2 4 to 7.

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Impugning the action of respondents 4 to 7 in not releasing the power connection and installing the transformers in the agricuitural lands of the petitioners, in Mamillapalli Village of Santhamaguluru Mandal Bapatia District, even after receiving the necessary charges, the present Writ Petition has been filed.

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The learned counsel for the petitioners would submit that the petitioners are farmers having lands in different survey numbers in Mamillapalli Village. The petitioners made applications for the release of the power supply and made necessary payments in the years May, 2023 and March, 2024. The petitioners also made representations, dated 07.10.2024, 04.11.2024 and 13.11.2024, to provide service connections by installing

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SRS,J W-P.No.1556 of2025 of2025

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transformers, W-P.No.1556 of2025 of2025 etc. However, the respondents 4 to 7 failed to issue the connections.

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Ms. Priyanka, learned counsel for the respondents, has submitted instructions of the Assistant Executive Engineer/ 7'^ respondent. The operative part of the instructions reads as follows;

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/s ot swb/7?/f otaf ote 14 others at Mamillapallipetitioner Sri Divikotu Subbarao and Village, Santhamaguluru Mandai applied for egricultural purpose. Further, /. i/ Deepak (Assistant Executive Engineer, Operation, Santhamguiur) gi given a reply to the due to some petitioners as of matching materials tike 11 kv discs, 11 kv metal parts, 1 ikv pm insulators and 11 hg fuse sets etc are not available at district stores, Ongole. On receipt of above material work will be commenced and approved estimate, completed as per Morevoer, we have no intentilon of stopping the execution work. ”

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As seen from the instructions, there i - IS no dispute regarding the petitioners making applications and payments to release the power connections. The instructions would indicate a lack of necessary materials at the district stores.

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Given in the facts and Circumstances,ci this Writ Petition is disposed of, at the stage of admission with the consent of either counsel on both s,des, directing the respondents 4 to 7 to release the power supply to the

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SRS, J J W.P.No.1556 of 2025

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petitioners by following the procedure under law, within two (02) months from the date of receipt of this order. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any,^{shallstandclosed.}

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//TRUE COPY//

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Sd/- K TATA RAO DEPUTY REGISTRAR

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SE N OFFICER

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To

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The PrI. Secretary, Energy Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi

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The Chairman and Managing Director, A. P. Central^{PowerDistribution} Company Limited, APCPDCL, Beside Polytechnical College, ITI Road, Vijayawada, N.T.R. District, A.P.

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