Kopparthi Mahankali Rao, Vs The State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA'^H^_^^p*^

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WRIT PETITION NO: 640 OF 2025

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Between:

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Kopparthi Mahankali Rao, S/o. Late K. Koteswararao, Aged about 46 years, Occ Business, R/o. H. No. 1-22/1, Gutlapadu Panchayat and Revenue, Bhimavaram Mandal, West Godavari District, Andhra Pradesh

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principle Secretary, Energy Department,Secretariat buildings, Velagapudi, Amaravathi Guntur District, Andhra Pradesh.

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The Eastern Power Distribution of Company Limited, Andhra Pradesh, rep. by its Managing Director, P & T Colony, Seethammadhara, Visakhapatnam, Visakhapatnam District.

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The Executive Engineer, APEPDCL Operation Section, Bhimavaram, West Godavari District.

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The Assistant Executive Engineer, APEPDCL, Operation Sectiorr; Bhimavaram Rural, West Godavari District.

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The Tahsildar, Bhimavaram Mandal, Bhimavaram, West Godavari District,

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The Gutlapadu Gram Panchayat, Rep.by its Panchayat Secretary, Gutlapadu, Bhimavaram Mandal, West Godavari District

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...RESPONDENTS

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

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Court may be pleased to issue an appropriate writ, or order or direction, more particular, one in the nature of Writ of Mandamus by declaring the action of the respondent No.4 in issuance of impugned^{LettervideLr.No.} AEE/O/BVRM RURAL/F.No. /D.No.205/22, dated 04.03.2023 issued by the 4th respondent with respect to the complaint made by the petitioner under Spandana Collectrate vide No. WEG202302132241, dated^13.02.2023as it is illegal, arbitrary without jurisdiction against the principles of Natural justice and also violation of Articles 14, 19, 21 and 300-A^{oftheConstitution} of India and consequently direct the respondent No.4 to restore the electricity connection vide SC. No. 1532450431001371 to the petitioner.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.4 to restore the electricity connection vide SC. No. 1532450431001371 to the petitioner, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI DASARI S VV S V PRASAD

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Counsel for the Respondent No.1: GP FOR ENERGY

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Counsel for the Respondent No.5: GP FOR REVENUE

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Counsel for the Respondent Nos. 2 to 4: SRI V V SATISH (SC FOR APEPDCL)

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Counsel for the Respondent No.6: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP)

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The Court made the following; ORDER

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APHC010004692025

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

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FRIDAY .THE TENTH 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: 640/2025

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Between:

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Kopparthi Mahankali Rao, ...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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DASARI S VV S V PRASAD

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Counsel for the Respondent(S):

1.GP FOR ENERGY

2.GP FOR REVENUE

3.VVSATISH

The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 640/2025

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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 the India seeking the following reliefs;-

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“to issue a writ, order or direction more particularly^one in the nature of Writ of Mandamus by declaring the^actionof respondent No. 4 in issuance of impugned Letter vide Lr.No.AEE/O/BVRM RURAUF.No./D.No.205/22, dated 04.03.2023 issued by the 4‘^ respondent with respect^tothe complaint made by the petitioner under Spandana Collectrate vide No.WEG202302132241, dated 13.02.2023 as it is illegal, arbitrary, without jurisdiction against the principles of Natural justice and also violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct respondent No. 4 to restore the electricity connection vide SC.No.1532450431001371^tothe petitioner and pass such other order. ”

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that^thefatherof the petitioner occupied a small extent of land nearby Panchayat Road and constructed a shed. The Gram Panchayat allotted assessment No. 16, thereafter allotted assessment number^as374 and collected house tax as well as water tax. He further submits that the Gram Panchayat also allotted door number as D.No.1-22/1. Thereafter, power connection was issued to the said^{doornumberfor} the domestic purpose.

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3

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Learned counsel for the petitioner further submits^thatthe petitioner started water servicing center in the said^shedandthe power connection was also changed to the commercial purpose. The petitioner regularly paying the consumption charges, without committing any default. While things stood thus, the respondent issued a notice dated 13.12.2022 directing the petitioner^tovacate the subject premises. Aggrieved by the same, the petitioner^filedWrit Petition No.3308 of 2023 before this Court. At the stage of admission, this Court disposed of the said Writ Petition by setting aside the notice dated 13.12.2022. Respondent Nos.5^and 6 had directed the respondent No.4 to disconnect the electricity^service connection of the petitioner. The 4*^ respondent without issuing any proceedings/endorsement directly disconnected the power connection of the petitioner. The petitioner made a spandana application to the District Collector, West Godavari District for restoration of the electricity service connection of the petitioner. The said application was forwarded to respondent No.4, but without considering the same, respondent No.4 issued a letter date 04.03.2023. Hence, the present Writ Petition. 5. On the other hand, learned Standing Counsel submits^that the petitioner encroached the road margin and obstructing^theroad widening works and other development works. As such, respondent Nos.5 and 6 directed the 4*'' respondent to disconnect the electricity

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service connection of the petitioner. Basing upon the directions of respondent Nos.5 and 6, respondent No.4 disconnected the electricity service connection of the petitioner.

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As per Section 43 of the Electricity Act, 2003, even an occupier is also entitled for electricity service connection.^Forbetter understanding Section 43 of the Electricity Act, 2003 is extracted hereunder:

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“Section 43. (Duty to supply on request): — (1) [Save as otherwise provided in this Act, every distribution] licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity^to such premises, within one month after receipt of the application requiring such supply: Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Appropriate Commission: Provided further that in case of a village or hamlet or area wherein no provision^for supply of electricity exists, the Appropriate Commission may extend the said period as it may consider necessary for electrification of such village or hamlet^or area. ’’

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Having regard to the submissions made by the learned

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counsel for the petitioner and the learned Standing^{Counselforthe} respondents and on perusal of material placed on record,^thisCourt is of the considered opinion that electricity and water are basic necessities for human beings and they cannot be denied^even in case of illegal encroachers. As such the petitioner is entitled for electricity service connection. Accordingly, this Writ Petition is disposed of by setting aside the impugned letter dated^04.03.2023

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issued by the 4'*^ respondent. Further the respondents more particularly respondent No.4 is directed to restore the electricity service connection of the petitioner. There shall be^noorderasto costs.

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As a sequel miscellaneous application, pending, if any, shall also stand closed.

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//TRUE COPY//

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SD/- N. NAGAMMA ASSISTANT REGISTRAR f SECTION OFFICER

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To,

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The Principle Secretary, Energy Department,Secretariat buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

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The Managing Director, Eastern Power Distribution of Company Limited, Andhra Pradesh, P & T Colony, Seethammadhara, Visakhapatnam, Visakhapatnam District.

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