Srimati Valluri Suryudu Vs The State of A.P.

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Date of reserved for orders : Date of pronouncement : 14.07.2026 Date of uploading : 16.07.2026 APHC010220592026

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

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TUESDAY, THE 14^th DAY OF JULY 2026 PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11519/2026

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Between:

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SRIMATI VALLURI SURYUDU, ,W/O LATE VEERABHADRA SWAMY, AGE-78 YEARS, R/O PAVAN RESIDENCY.D.NO.1454,GOPALAPATNAM VISAKHAPATNAM BASTI, SIMHACAHALAM ROADVISAKHAPATNAM- 530027,REP.BY HER GPA HOLDER VALLURI SIVA RAM PRASAD, S/O.LATE VEERABHADRA SWAMY,AGE-56YEARS,R/O D.NO.50-88-10, SANTHI PURAM,GURUDWARA ROAD,VISAKHAPATNAM BASTI, VISHAKHAPATNAM 530016.

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...PETITIONER

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AND

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THE STATE OF A P, REP.,BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY, SECRETARIST,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522239.

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EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, 50-27-5/1, P AND T COLONY, SEETHAMMADHARA, VISAKHAPATNAM, A.P.-530013.

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THE SUPERINTENDENT ENGINEER, OPERATIONS, EASTERN POWER DISTRIBUTION COMPANY OF VISHAKHAPATNAM, A.P.-530013.

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DIVISIONAL ENGINEER, EASTERN POWER DISTRIBUTION COMPANY OF VISHAKHAPATNAM, A.P.-530013

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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 topleased to grant an order, direction or writ, more so in the nature of Writ of mandamus declaring the action of the respondent No. 2to 4 in refusing to release the Domestic load/ power supply to the petitioners premises Survey No. 164/2, situated at Veerat Nagar, Gopala Nagar, Gopalapatnam, Visakhapatnam, vide

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Application No. NSCREG03565354 on the ground of non-furnishing of Occupancy certificate or title dispute as illegal, arbitrary, highhanded, apart from being voilative of Article 14 21 of Constitution of India and Section 43 of AP Electricity Act,2003 and consequently direct the respondent to not to insist for occupancy certificate from municipal authorities for extending the service to petitioner and to pass IA NO: 1 OF 2026

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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 pleased to direct the respondent No. 2 to 4 to release the non- Domestic load/ power supply to the petitioner's premises in plot in Survey No. 164/2, situated at Veerat Nagar, Gopala Nagar, Gopalapatnam, Visakhapatnam, vide Application No. NSCREG03565354 for the purpose of cattle shed and to pending disposal of the above writ petition and to pass Counsel for the Petitioner:

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1.DEVI PRASAD MANGALAPURI Counsel for the Respondent(S):

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1.GP FOR ENERGY

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2.V V SATISH (SC for APEPDCL) The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARULU NIMMAGADDA WRIT PETITION NO.11519 OF 2026

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ORDER :

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This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus to declaring the action of Respondent Nos.2 to 4 in refusing to release the domestic load/power supply to the petitioner premises in Survey No.164/2 situated at Veerat Nagar, Gopala Nagar, Gopalapatnam, Visakhapatnam vide Application No.NSCREG03565354 on the ground of non-furnishing of occupancy certificate or title dispute as illegal, arbitrary, violative of Articles 14 & 21 of the Constitution of India, and consequently direct the respondents not to insist for occupancy certificate from municipal authorities for extending the services to the petitioner.

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The case of the petitioner is that, the petitioner claims to be the owner of land admeasuring an extent of Ac. 3.02 cents in Survey No. 164/2 at Veerat Nagar, Gopala Nagar, Gopalapatnam, Visakhapatnam. He applied for a new electricity connection for the property. However, despite receiving the application, the respondents did not provide the connection. Instead, by proceedings dated 04.11.2025, they informed him that a third party, Hindustan Shipyard Staff Cooperative House Building Society Limited, had claimed rights

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over the property and objected to the grant of the connection. The petitioner contends that this decision is contrary to law. He submits that under Section 43(5) of the Electricity Act, 2003, an occupier of a property is entitled to have an electricity connection. He further contends that the existence of a third-party dispute cannot be a ground to deny electricity service to a lawful owner or occupier under the General Terms and Conditions of Supply. Therefore, he filed the present writ petition.

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On the other hand, Sri V.V. Satish, learned Standing Counsel for A.P.E.P.D.C.L submits that Hindustan Shipyard Staff Cooperative House Building Society Limited, informed Respondent No. 2 that the property belongs to them and requested that no electricity connection be granted to the petitioner. Since there is a civil dispute regarding ownership and possession of the property, the respondents contend that the petitioner must first establish his ownership or lawful possession. He further submits that if the petitioner produces the necessary documents proving his possession, the respondents will consider his request and grant the electricity connection in accordance with Clause 5.1 of the General Terms and Conditions of Supply.

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After examining the material on record, it appears that the petitioner has not produced sufficient documents to establish either his

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ownership or possession of the property, although he claims to be the owner. Therefore, the petitioner is directed to submit all relevant documents to establish his title or lawful possession. On receiving those documents, the respondents shall examine them and conduct a detailed enquiry. If the enquiry shows that the petitioner is in lawful possession of the property, the respondents shall provide the electricity connection within two weeks thereafter. While conducting the enquiry, the respondents may also consider the objections raised by Hindustan Shipyard Staff Cooperative House Building Society Limited. The enquiry shall be conducted after issuing notices to the petitioner and other concerned parties, and the respondents shall thereafter pass a reasoned order in accordance with law.

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