Nadimpalli Ramam Raju Vs the State of Andhra Pradesh

Nadimpalli Ramam Raju, S/o. Nadimpalli Satyanarayana Raju, Aged about 73 years, Male, R/o.H.No.2-4, Lakkavaram, Pulaparthi Post, Yelamanchili Mandalam, Pulaparthi, Anakapalli District.

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...Petitioner

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AND

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The State of Andhra Pradesh rep. by its Principal Secretary,

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Department of Power and Energy Secretariat, Velagapudi, Guntur District.

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The Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), Rep. by its Chairman-cumManaging Director,

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APEPDCL, Visakhapatnam.

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The Additional Divisional Engineer Operations, Andhra Pradesh Eastern Power Distribution-Company Limited (APEPDCL), Ambajipeta Yelamanchili, Anakapalli District.

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The Assistant Engineer Operations, Andhra Pradesh Eastern Power Distribution- Company Limited (APEPDCL), Yelamanchili, Anakapalli District.

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The District Collector, Anakapalli District, Anakapalli

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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 or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents/electricity department in not taking steps for shifting of the high tension electricity wires from the petitioner land in an extent of Ac.1-07 cents in Sy.No.95/1 of Krishnapuram Village, Yelamanchili Mandal, Anakapalli District to any other place or not attempting to provide precautionary measures while passing of the high tension 11 kv wires PurushothapuramPerantallapalam^feder as illegal, irregular, arbitrary and violation of the provisions of the general terms and conditions of the electricity and Rules framed thereunder and also offends Articles-14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to shift the high tension wires my land in an extent of Ac. 1-70 cents in Sy.No.95/1 of Krishnapuram Village, Yelamanchili Mandal, Anakapalli District pending disposal of the main writ petition.

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lA NO: 1 OF 2n2fi

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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 direct the official respondents to take steps for removal of the high tension wires from the petitioner’s land or povide safety measures with regard to passing of the 11 kv high tension wires from the petitioner’s land for an extent of Ac. 1-07 cents in Sy.No.95/1 of Krishnapuram Village, Yelamanchili Mandal, Anakapalli District, pending disposal of the main Writ Petition.

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Counsel for the Petitioner: SRI MANGENA SREE RAMA RAO Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos. 2 to 4: SRI V V SATISH (SC FOR APEPDCL)

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Counsel for the Respondent No.5: GP FOR REVENUE

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The Court made the following order:

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APHC010091182025

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY,THE SIXTEENTH DAY OF JULY

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA

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PRASAD

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WRIT PETITION NO: 4917 OF 2025

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Between:

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NADIMPALLI RAMAM RAJU, S/o. Nadimpalli Satyanarayana Raju, Aged about 73 years, Male R/o.H.No.2-4, Lakkavaram, Pulaparthi Post, Yelamanchili Mandalam, Pulaparthi, Anakapalli District.

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...Petitioner

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AND

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THE STATE OF ANDHRA PRADESH, rep. by its Principal^Secretary, Department of Power and Energy Secretariat, Velagapudi,^{GunturDistrict.} 2. The Andhra Pradesh Eastern Power Distribution Company Limited APEPDCL, Rep. by its Chairman-cum- Managing Director, APEPDCL, Visakhapatnam. 3. The Additional Divisional Engineer Operations, Andhra^{PradeshEastern} Power DistributionCompany Limited (APEPDCL), Ambajipeta, Yelamanchili, Anakapalli District. 4. The Assistant Engineer Operations, Andhra Pradesh Eastern Power Distribution- Company Limited (APEPDCL), Yelamanchili,^{AnakapalliDistrict.}

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The District Collector, Anakapalli District, Anakapalli

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...Respondents

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Counsel for the Petitioner: MANGENA SREE RAMA RAO

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Counsel for the Respondents: GP FOR ENERGY Counsel^forthe Respondents:V V SATISH (SC for APEPDCL)

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2

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The Court made the following ORAL ORDER:

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Heard Sri M. Lalith Kumar, learned Counsel appearing on behalf of Sri Mangena Sree Rama Rao, learned Counsel for the Writ Petitioner and Ms. K. Aishwarya Chowdary, learned Junior Standing Counsel for APEPDCL

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Prayer made in the Writ Petition is as under;

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to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents/electricity department in not taking steps for shifting of the high tension electricity wires from the petitioner ^nd in an extent of Ac.1-07 cents in Sy.No.95/1 of Krishnapuram Village, Yelamanchili Mandal, Anakapalli District to any other place or not attempting to provide precautionary measures while passing of the high tension 11 kv wires Purushothapuram - Perantallapalam feder as illeqal irregular, arbitrary and violation of the ^ provisions of the general terms and conditions of the electricity and Rules framed thereunder and also offends Articles-14, 21 and 300-A of the Constitution of India and o consequently direct the Respondents to shift the high tension wires my land in an extent of Ac. 1.70 cents in Sy.No.95/1 of Krishnapuram Village, Yelamanchili Mandal, Anakapalli District pending disposal of the mam writ petition and pass such order or orders as the Hon’ble Court may deem fit and proper^inthe circumstances of the case”.

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Ms. K. Aishwarya Chowdary, learned Junior Standing Counsel for APEPDCL would submit that the electricity poles have not been erected on the land belonging to the Writ Petitioner.

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Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the photographs filed along with the Writ Petition from Page Nos. 35 to 37 to show that the electricity lines have been laid in the land of the Writ Petitioner. On a query made by this Court whether the Writ Petitioner has got the land surveyed or not for the purpose of ascertaining whether the electricity poles have been erected in the land belonging to the Writ Petitioner or in the public land, the learned Counsel for the Writ Petitioner would submit that he would take steps to get his land surveyed.

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Having regard to these submissions, this Court deems it appropriate

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to dispose of this Writ Petition, at the admission stage, without going into merits, by issuing the following directions:

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Writ Petitioner is directed to make a proper Application^beforethe Tahsildar for conduct of survey of his land. He shall make an Application within a period of two weeks from today.

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Upon receipt of such Application, the Tahsildar is directed to issue notice to all the interested parties including the Writ Petitioner for conduct of survey, by fixing time and^datewithin four weeks, and thereafter, consider the submissions/objections of all the parties and documents, if any.

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Upon conduct of survey, the Tahsildar is directed to furnish a copy of report within four weeks from the date of conduct of survey to the Writ Petitioner and other interested parties.

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IV. The Writ Petitioner is then at liberty to approach appropriate Forum, if it is found that the electrical poles have been erectedⁱⁿ the land belonging to the Writ Petitioner.

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