Amara Venkata Chalapathi Rao Vs The State of Andhra Pradesh

¶1

[3329]

¶2

APHC010350992026

¶3

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

¶4

MONDAY, THE 13^th DAY OF JULY 2026

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶7

WRIT PETITION NO: 18719/2026

¶8

Between:

¶9

AMARA VENKATA CHALAPATHI RAO, S/O. HAZARATHAIAH, AGED ABOUT 34 YEARS, R/O. CJ NO. 10-3-8/A, RAILWAY ROAD, KAVALIK SPSR NELLORE DISTRICT.

¶10

...PETITIONER

¶11

AND

¶12

THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT 522237

¶13

THE EXECUTIVE ENGINEER, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION (POMPANY LIMITED, NELLORE, NELLORE DIST. 524001

¶14

THE DY EXECUTIVE ENGINEER, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED, KAVALI DIVISION, KAVALI, SPSR NELLORE DIST. 524201

¶15

THE ASST ENGINEER, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION GOMPANY LIMITED, KAVALI DIVISION, KAVALI, SPSR NELLORE DIST. 524201

¶16

THOTREDDY RAMA KRISHNA REDDY, 5/0. NARAPAREDDY, AGED ABOUT 40 YEARS, P NO. 10-37-10/C, FLOOR. SOUTH JANATHAPETA, OPP. BANK OF INDIA UDAYAGIRI ROAD, KAVALI TOWN, SPSR NELLORE DISTRICT -524201.

¶17

...RESPONDENT(S):

¶18

2

¶19

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 issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the acts on the part of the respondents 3 herein disconnected the power supply and taken away the Service Meter bearing No. 3211400041900 for the premises bearing Door No. 10-6-21, Vigneswara Automobiles Spare parts shop. Sub Court Street, Kavali, SPSR Nellore District without notice amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India besides being violative of principles of natural justice and consequently direct the respondents 2 to 4 herein to restore the power supply for the above referred Service Meter bearing No. 3211400041900 for the premises bearing Door No. 10-6-21, Vigneswara Automobiles Spare parts shop Sub Court Street, Kavali, SPSR Nellore District forthwith in the interest of justice and to pass

¶20

IA NO: 1 OF 2026

¶21

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 respondents 2 to 4 herein to restore the power supply for the Service Meter bearing No. 3211400041900 for the premises bearing Door No. 10-6-21, Vigneswara Automobiles Spare parts shop Sub Court Street, Kavali, SPSR Nellore District forthwith pending disposal of the above WP in the interest of justice and to pass

¶22

Counsel for the Petitioner:

¶23

1.T C KRISHNAN

¶24

Counsel for the Respondent(S):

¶25

1.GP FOR ENERGY

¶26

The Court made the following:

¶27

3

¶28

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶29

WRIT PETITION NO: 18719/2026

¶30

ORDER:-

¶31

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

¶32

“to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declare the acts on the part of the respondent No.3 herein disconnected the power supply and taken away the Service Meter bearing No. 3211400041900 for the premises bearing Door No.10-6-21, Vigneswara Automobiles Spare parts shop, Sub Court Street, Kavali, SPSR Nellore District without notice amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India besides being violative of principles of natural justice and consequently direct the respondent Nos.2 to 4 herein to restore the power supply for the above referred Service Meter bearing No.3211400041900 for the premises bearing Door No.10-6-21, Vigneswara Automobiles Spare parts shop Sub Court Street, Kavali, SPSR Nellore District forthwith in the interest of justice and pass such other order or orders….”

¶33

Heard learned counsel for the petitioner, learned Assistant Government Pleader for respondent No.1, the learned Standing Counsel for the respondent Nos.2 to 4 and the learned counsel for respondent No.5.

¶34

Learned counsel for the petitioner submits that the petitioner herein is in possession of the premises bearing D.No.10-6-21 and running business in the name and style of Vigneswara Automobiles Spare Parts Shop as a tenant of the subject premises. He further submits that there is a dispute regarding title over the subject property between the landlord of the petitioner and the unofficial respondent No.5 who are legal heirs of the owner of the building i.e.,

¶35

4

¶36

Smt.T.Subbalakshmamma. For which, a civil suit is filed and the same is pending for consideration before the jurisdictional Court. While so, respondent Nos.2 to 4 herein without issuing any notice disconnected the electricity service connection of the said premises abruptly on the ground that the unofficial respondent No.5 submitted a representation to them indicating that the building is in dilapidated condition and continuation of usage of the subject building would endanger the life of the inmates. He further submits that basing upon such notice/representation of the unofficial respondent No.5, the respondents cannot be proceeded without issuing any notice and without following due procedure as contemplated under the General Terms and Conditions of the Supply. Therefore, the said action of the respondents is contrary to the law and liable to be set aside and direct the respondents to restore the service connection of the petitioner.

¶37

On the other hand, learned Standing Counsel for respondent Nos.2 to 4 furnished written instructions issued by respondent No.4 dated 10.07.2026, wherein it is stated that respondent No.5 submitted a detailed representation on 23.06.2026 informing that the subject building is 100 years old building and respondent No.5 is one of the legal heirs/son of the original owner of the premises i.e., Smt.T.Subbalakshmamma. Therefore, continuation of usage of the building would endanger to the lives of the inmates. For which, the Municipal Authorities already issued notice on 19.06.2026 under Section 231

¶38

of the Andhra Pradesh Municipalities Act, 1956 indicating necessity of demolition of the said building.

¶39

5

¶40

Learned counsel for respondent No.5 submits that since the subject building is a hundred years old building, continuation of the same may cause endanger to the lives of the inmates of the said building. He further submits that the other tenants are also continuing along with the petitioner and they were also informed about the dilapidated condition of the building.

¶41

Heard the learned counsel for all the parties and perused the material placed on record. The fact remains that the Municipal Authorities did not issue any notice to respondent Nos.2 to 4 herein seeking for disconnection of electricity service connection for taking steps for demolition of the subject building. It seems that the unofficial respondent No.5 herein who is claiming as legal heir of the deceased Smt.T.Subbalakshmamma who is owner of the property informed the respondent Nos.2 to 4 about the classification of the dilapidated condition of the building by the municipality. Therefore, the action of the respondents in disconnecting the service connection of the petitioner in the absence of any notice from the statutory authority and without observing the principles of natural justice is certainly contrary to the General Terms and Conditions of the Supply and provisions of the Electricity Act, 2003.

¶42

In view of the reasons stated above, the action of respondent Nos.2 to 4 in disconnecting the service connection of the petitioner is liable to be set aside. Further, the respondents are directed to restore the electricity service connection of the petitioner otherwise there is no default on the part of the petitioner in payment of electricity charges, within a period of one week from the date of receipt of copy of this order. However, the respondents are at

¶43

6

¶44

liberty to proceed further by observing principles of natural justice and in accordance with law.

¶45