Vempalli Imdad Ulla, Vs The State of Andhra Pradesh

VEMPALLI IMDAD ULLA,, S/O HYDAR VALLI, AGED ABOUT 48 YEARS, R/O D.NO. 1-71, PRASANTH NAGAR, KURABALAKOTA VILLAGE AND MANDAL, ANNAMAYYA (CHITTOOR) DISTRICT517350.

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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 BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522 238.

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THE A P SOUTHERN POWER DISTRIBUTION COMPANY LTD APSPDCL, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, ITI ROAD, OPP RAMESH HOSPITAL, KRISHNA NAGAR, VIJAYAWADA, N.T.R. DISTRICT- 520008.

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THE SUPERINTENDING ENGINEER OPERATIONS, APSPDCL, MADANAPALLE DIVISION, MADANAPALLE- 517325, ANNAMAYYA (CHITTOOR) DISTRICT.

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THE EXECUTIVE ENGINEER OPERATIONS, APSPDCL, MADANAPALLE DIVISION, C.T.M. ROAD, MADANAPALLE- 517325, ANNAMAYYA (CHITTOOR) DISTRICT.

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THE DEPUTY EXECUTIVE ENGINEER OPERATIONS, APSPDCL, MADANAPALLE DIVISION, C.T.M. ROAD, MADANAPALLE- 517325, ANNAMAYYA (CHITTOOR) DISTRICT.

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THE ASSISTANT EXECUTIVE ENGINEER DISTRIBUTIONS, APSPDCL, ANGALLU SUB-DIVISION, ANGALLU, KURABALAKOTA MANDAL- 517326, ANNAMAYYA (CHITTOOR) DISTRICT.

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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 to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in disconnecting electricity service connection bearing No.5213201006974 provided to the Petitioner in his absolute property for ah extent of 790 Sq.yards consisting Asbestos sheet roofed hotel situated in Survey No.543/D in Plot No.23 of Eguvapalli @ Eguvaboyapalli, Kurabalakota Revenue Village, Kurabalakota Gram Panchayat, Kurabalakota Mandal, Annamayya (Chittoor) District, is illegal, arbitrary, violation of fundamental rights guaranteed under Article 19, 20, 21 and 300-A of Constitution of India, contrary to Section 43 of Electricity (Supply Act), colourful exercise of the statutory power entrusted to the Respondents and consequently direct the Respondents to restore the Petitioner's electricity service connection bearing No.5213201006974 provided to him in his absolute property for an extent of 790 Sq.yards consisting Asbestos sheet roofed hotel situated in Survey No.543/D in Plot No.23 of Eguvapalli @ Eguvaboyapalli, Kurabalakota Revenue Village, Kurabalakota Gram Panchayat, Kurabalakota Mandal, Annamayya (Chittoor) District

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Counsel for the Petitioner:

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1.A SYAM SUNDAR REDDY

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Counsel for the Respondent(S):

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1.VENKATA RAMA RAO KOTA SC FOR APSPDCL

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2.GP FOR ENERGY

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The Court made the following:

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION No.5016 of 2026

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ORDER:

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This writ petition under Article 226 of the Constitution of India is filed for

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the following relief:

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“…..declaring the action of the Respondents in disconnecting electricity service connection bearing No.5213201006974 provided to the Petitioner in his absolute property for ah extent of 790 Sq.yards consisting Asbestos sheet roofed hotel situated in Survey No.543/D in Plot No.23 of Eguvapalli @ Eguvaboyapalli, Kurabalakota Revenue Village, Kurabalakota Gram Panchayat, Kurabalakota Mandal, Annamayya (Chittoor) District, is illegal, arbitrary, violation of fundamental rights guaranteed under Article 19, 20, 21 and 300-A of Constitution of India, contrary to Section 43 of Electricity (Supply Act), colourful exercise of the statutory power entrusted to the Respondents and consequently direct the Respondents to restore the Petitioner's electricity service connection bearing No.5213201006974 provided to him in his absolute property for an extent of 790 Sq.yards consisting Asbestos sheet roofed hotel situated in Survey No.543/D in Plot No.23 of Eguvapalli @ Eguvaboyapalli, Kurabalakota Revenue Village, Kurabalakota Gram Panchayat, Kurabalakota Mandal, Annamayya (Chittoor) District……”

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Heard Sri A. Syam Sundar Reddy, learned counsel for the petitioner, Sri K. Ashok, learned counsel representing the learned Standing Counsel for the respondent APSPDCL and learned Assistant Government Pleader for Energy.

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Learned counsel for the petitioners submits that subsequent to the application of the petitioner, the 5^th respondent APSPDCL authorities, on 02.05.2025, granted electricity service connection bearing No.5213201006974 to the petitioner’s property situated in an extent of 790 Sq. yards in Sy.No.543/D in Plot No.23 of Eguvapalli @ Eguvaboyapalli, Kurabalakota

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Mandal, Annamayya District and since then, the petitioner has been paying electricity bills regularly and running hotel. Learned counsel submits that, while so, the respondent authorities issued notice dated 04.12.2025 asking for certain correct documents to the Deputy Executive Engineer, Rural Sub Division, APSPDCL, CTM Road, Madanapalle, within three days, otherwise the electricity connection would be disconnected without intimation.

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Learned counsel submits that consequently, the petitioner approached the 6^th respondent authority with all relevant documents and orally submitted his version, but without considering the same, the 5^th respondent disconnected the electricity connection of the petitioner on 09.02.2026. He submits that, being aggrieved by the said action of the respondents, the instant writ petition has been instituted.

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On the other hand, learned counsel appearing for the respondent APSPDCL submits that as per the procedure in vogue, the respondent authorities provided electricity connection and subsequently, the 5^th respondent issued notice dated 04.12.2025 and called for relevant documents from the petitioner to verify the authenticity. He further submits that pursuant to the said notice, the petitioner has not approached the respondent authorities, as such, the electricity connection was disconnected on 09.02.2026. He also pointed out that instead of providing authentic written acknowledgement from the office of the 5^th respondent, the case of the petitioner would not be true and correct. At that juncture, the learned counsel fairly submits that if the petitioner produces any relevant documents in written

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form by way of written explanation, they would be considered in accordance with Law, for which, learned counsel for the respondent has no objection.

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Having regard to the submissions made on either side and also going through the material on record, it is evident that there is no dispute the respondent authorities provided electricity connection to the petitioner on 04.12.2025 and eventually, the 5^th respondent issued notice calling for certain documents in order to verify the authenticity. The only dispute, according to the learned counsel for the petitioner that the petitioner submitted documents to the respondent authorities and to that effect, he has not produced any proof.

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In view of the above facts and circumstances, coupled with the object and intendment of Section 43 of the Electricity Act 2003, as well as the law laid down by the Hon’ble Apex Court in the case of Dilip (Dead) through LRs., Vs. Satish¹ , this Court, without expressing any opinion on the merits of the case, is inclined to dispose of the writ petition in the following terms:-

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i. The petitioner is hereby directed to submit written explanation with all the authentic documents to the 5^th respondent, within a period of (1) one week, from the date of receipt of copy of this Order.

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ii. In such an event, the 5^th respondent shall pass appropriate orders keeping in view the object and intendment of Section 43 of the Electricity Act, 2003, including general TTS License dated 06.01.2026 , within a period of (1) one week, from the date of receipt of the petitioner’s written explanation

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1 2022 Live Law (SC) 570

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and communicate the same by speed post with acknowledgment due.

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