Coastal Refineries Private Limited Vs the State of Ap

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) i TUESDAY ,THE SEVENTH DAY OF JANUARY \ TWO THOUSAND AND TWENTY FIVE '

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 523 OF 2025

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Between:

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Coastal Refineries Private Limited Through it Authorized Representative Mr, Nalam Charan Kumar, aged about 45 years, Having its registered office at D.No.5-37-112/A, Ganesh Bhavan, 4TH Line, 17TH Cross Road, Brodipet, Guntur, Andhra Pradesh-522002.

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...PETITIONER

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AND

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The State Of Andhra Pradesh, Rep by its Principal Secretary Energy Department, Secretariat, Amaravathi, Guntur District,^{AndhraPradesh.}

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The Andhra Pradesh Southern Power Distribution Corporation Limited, (APSPDCL), Rep. by its Chairman and Managing Director,^D.No.19-13- 65/A, Srinivasapuram, Tiruchanoor Road, Tirupati District,^Andhra Pradesh-517503.

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The Superintending Engineer, APSPDCL, Nellore, Nellore District Andhra Pradesh.

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The Executive Engineer, APSPDCL Operations- APSPDCL, Muthukur Village and Mandal, SPSR Nellore District, Andhra Pradesh.

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The Assistant Executive Engineer, APSPDCL Operations- APSPDCL, Muthukur Village and Mandal, SPSR Nellore District, Andhra Pradesh.

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The District Collector, SPSR Nellore District. Andhra Pradesh.

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The Tahsildar, Muthukur Mandal, Nellore District, Andhra Pradesh.

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The Mandal Surveyor, Muthukur Mandal, Nellore District, Andhra

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Pradesh.

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Epuru Vivekananda Reddy, S/o Harinadh Reddy Aged about not known to the Petitioner, R/o Doruvulapalem Village, Muthukur Mandal, SPSR Nellore District, Andhra Pradesh.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated i in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.4 to 8 in threatening to disconnect the electricity supply to the Petitioners premises in Sy.No.217 and 218 of Epur Bit Muthukur Village and Mandal, SPSR Nellore District i P'J'-suant to Letter in Lr.No.AEE /O /Muthukut/ ■ No. Doc./D.No. 929/24, dated 05.12.2024 under the guise of a complaint filed by the Respondent No.9, as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to follow the due procedure of law forthwith to not take any coercive steps against the petitioner's Electric Transformer having FIT Connection with Consumer No. NLR2270 and Customer ID 9996191880 in Sy.No.217 and 218 of Epur Bit, Muthukur Village and Mandal, SPSR Nellore District.

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LA NO: 1 OF 7C\‘>R

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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 Respondents No.4 to 8 to not to take any coercive steps including disconnection of electricity to the Petitioner Premises having

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Consumer NO. NLR2270 and Customer Id ; 9996191880 in Sy.No.217 and 218 of Epur Bit, Muthukur Village and Mandal, SPSR^{NelloreDistrict.}

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Counsel for the Petitioner(s): SRI. ARUN SHOWRI G

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Counsel for the Respondent No.1: GP FOR ENERGY

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Counsel for the Respondent Nos.2 to 5: SRI K V RAM^MOHANRAO,SC FOR APSPDCL

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Counsel for the Respondent Nos.6 to 8: GP FOR REVENUE

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Counsel for the Respondent No.8; NONE APPEARED

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The Court made the following: ORDER

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APHC010010472025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [0] (Special Original Jurisdiction)

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TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA

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WRIT PETITION NO: 523/2025

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Between:

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Coastal Refineries Private Limited ...PETITIONER

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AND

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The State Of Ap and Others ...RESPONDENT{S)

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Counsel for the Petitioner:

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1.ARUNSHOWRI G

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Counsel for the Respondent(S):

1.GP FOR ENERGY

2.GP FOR REVENUE

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THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA

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WRIT PETITION N0.523 OF 2025

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This Court made the following

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ORDER:

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This writ petition is filed under Article 226 of the^Constitution

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of India seeking the following relief;

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to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents Nos.4 to 8 in threatening to disconnect the electricity supply to the Petitioner’s premises in Sy.No.217 and 218 of Epur Bit, Muthukur Village and Mandal, SPSR Nellore District in pursuant to Letter in Lr,No.AEE/0/Muthu kut/JE/F. No. Doc/D. No.929/24, dated 05.12.2024 under the guise of a complaint ’ filed by theRespondent No.9, as illegal, arbitrary and violation of principles of natural justice^and consequently direct the respondents to follow the due procedure of law forthwith to not take any coercive^steps against the Petitioner’s Electric Transformer having^HT Connection with Consumer No. NLR2270 and Customer ID 9996191880 in Sy.No.217 and 218 of Epur Bit, Muthukur Village and Mandal, SPSR Nellore District^and pass...

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learnsd counsel for the petitioner, without 2. During hearing touching the merits of the case, requested this Court to issue a direction to the respondents not to disconnect the^{electricitysupply} to the Petitioner’s premises in Sy.No.217 and 218 of^Epur Bit, Muthukur Village and Mandal, SPSR Nellore District, without

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following due process of law.

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Learned Assistant Government Pleader for Revenue, admitted that the petitioner is continuing his electricity^connection in Sy.No. 217 and 218 of Epur Bit, Muthukur Village and Mandal, SPSR Nellore District and in possession of his land and the respondents authorities would follow due process of law and requested to pass appropriate orders.

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The petitioner company is involved in the business of Oil Refineries since 2022. The company has got all licenses from the concerned authorities including the Approval from Factories Department. The Petitioner was initially granted LT Electricity connection in the year 2022 thereafter recently, the Petitioner’s premises were given HT Connection with Consumer No. NLR2270 and Customer ID - 9996191880.

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The Petitioner, to his sudden shock and surprise came to know that Respondent No.9 herein filed a complaint against the factory vide Spandana Complaint dated 29.10.2024 alleging that the electric transformer was installed by encroaching the public pathway. Pursuant to the said complaint. Respondent No.5 issued a letter vide proceedings dated 05.12.2024 stating that a thorough inspection would be conducted along with the Mandal Revenue

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Officer and necessary action would be taken. However, the Respondents are threatening to disconnect the electricity of the Petitioner’s premises pending such enquiry would stall the operations of the company and would cause severe loss to the Petitioner. Hence the Writ Petition.

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When the petitioner is continuing his electricity connection by obtaining all necessary permissions and approvals from^concerned departments, the respondents are not entitled to disconnect^the electricity connection of the Petitioner as long as the Petitioner addressing regular monthly charges. In the absence^ofthesame any such highhanded action of the respondents would^amountto depriving the petitioner’s violating constitutional right guaranteed under Article 300-A of the Constitution of India, besides^violationof Article 14 of the Constitution of India. Even assuming^foramoment that this petitioner’s electricity connection is illegal, still, the petitioner is required to be afforded an opportunity^beforetaking appropriate action and in view of the law declared^bytheApex Court in “Rame Gowda (dead) by LRs. v. M.Varadappa^Naidu (Dead) by L.Rs.\ when the petitioner is continuing^{hiselectricity} connection in Sy.No. 217 and 218 of Epur Bit, Muthukur^Villageand Mandal, SPSR Nellore District and in possession of^hisland,his

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2004(1) see 769

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electricity connection cannot be disconnected, without^followingdue process of law. Therefore, the respondents are directed not to disconnect the petitioner’s Electric Transformer having HT Connection with Consumer No.NLR2270 and Customer ID No.9996191880 in Sy.No.217 and 218 of Epur Bit, Muthukur^Village and Mandal, SPSR Nellore District, except by due process^oflaw.

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With the above direction, the writ petition is disposed^of,with the consent of both the counsel. No costs.

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The miscellaneous petitions pending, if any, shall stand

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closed.

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

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SE TION OFFICER

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To,

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The Principal Secretary Energy Department, Secretariat,^Amaravathi, Guntur District, Andhra Pradesh.

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The Chairman and Managing Director, Andhra Pradesh^Southern Power Distribution Corporation Limited, (APSPDCL),^{D.No.19-13-65/A,} Srinivasapuram, Tiruchanoor Road, Tirupati District,^{AndhraPradesh-} 517503.

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