V. Lakshma Reddy, S/o.late v.Chenna Reddy, Vs The Government of Andhra Pradesh

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132521

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HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD} (SPecial Original Jurisdiction)

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TUESDAY, THE FOURTH^{DAYOF MARCH} TWO THOUSAND AND^TWENTYFIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE^{SUREPALLI NANDA}

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WRIT PETITION NO: 60 320F²⁰¹³

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Between:

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V. Lakshma Reddy, S/o.^{late V.Chenna Reddy, aged about48 years,Occ} Agri*iil;;,- nyo.^{-'rirumamidiVillage,Bantvaiam-Mandal' RangaReddy} District.

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,..PETITIONER

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AND

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1 The Government of Andhra^{Pradesh, Represented by its PrincipalSecretary,} Energy D6partment,^{A. P. Secretariat, Hyderabad.}

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2 The Central Power Distribution^{Company of A.P.'Limited (APCPDCL)'rep its} ltrlanaging Director.

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3 The Divisional Electrical Engineer^{(Operation), APCPDCL,E'R O319,} Vikarabad, Ranga ReddY^District.

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4 The Assistant Electrical Engineer^{(Operation),APCPDCL, Peddamul,Ranga} Reddy District.

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...RESPONDENTS

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Petition under Article 226 of^{the constitution of lndiaprayingthat in the} circumstances stated in the^{affidavit filed therewith,the High court maybe} pleased to issue an appropriate writ, order^{or direction,morein the natureof writ} of Mandamus declaring the^{action of respondents in raising bills against the} agricultural service^{connections bearingNos.L359000024,L359000038'} 1359000055, 1359000095,^{1359000096, 1359000497and 1359000723'} belongingtothepetitionersfamilyandtheconseqUentialactionofthe respondent to enforce^{the bills by threat of disconnection of power supply to} those service connections^{as illegat, arbitrary and against principles of natural} justice and apart from being violative of^{free power policyenunciated by the 1st} respondent and consequently^{set asidethe claim of arrears in respectof}

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agricultural service connections bearing Nos. L359000024, L359000038, 1359000055, 1359000095, 13s9000096, 1359000497 and L359000723.

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l.A. NO: 1 OF 2013(WPMP. NO: 7512 0F 20 13)

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Petition under Section^'1 51 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 not to disconnect the power supply to Service Numbers 1359000024, L359000038, 1359000055, 1359000095, 1359000096, 1359000497 and L359000723 pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI SANNAPANENI LOHIT

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Counsel for the Respondent No.'1 : AGP FOR ENERGY

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Counsel for the Respondent No.2 to 4: SRI N.SREEDHAR REDDy, SC FOR TGSPDCL

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{- .' The Court made {he following: ORDER

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a

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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WRIT PETITION N o 6032 0F 2013

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ORDER

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Heard Sri Sannapaneni Lohit, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy appearing on behalf of respondent No.1, and Sri N,Sreedhar Reddy, learned Stanrling Counsel for TGSPDCL appearing on behalf of respondent Nos.2 to 4,

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The^petitioner approached the Court seekinq^praver as under:

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"to issue an appropriate writ, order or direction, more in the nature of Writ of Mandamus declaring the ac'ion of respondents in raising bills against the agricultural service connections bearing Nos. 1359000024, 1359000038, 1359000055. L359000095, 1359000096,1359000497 and L359000723, belonging to the petitioner's family and the consequential action of the respondent to enforce the bills by threat of disconnection of power supply to those service connections as illegal, arbitrary and against^principles of natural justice and apart from being violative of free power policy enunciated by the 1st respondent and consequently set aside the claim of arrears in respect of agricultural service connections bearing Nos.

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f n

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\r,.p.No.6012 or;ilI'j 1359000024, 1359000038, L359OO0OS5, 1359000095, 1359000096, 1359000497 and 1359000723 and pess such other order or orders and to pass such other order or orders in the interest of justice.,,

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The case oF the petitioner, in brief, is that the petrtioner and his brothers are the absolute owners and possessors of the agricurturar rands in Survey Nos.4o5, 425, 3Bg, 3g2, 3go, 391, 393, 394 and 395 of Tirumamidi Village, Bantwaram tvandal. Ranga Reddy District and have been receiving free power supply under a scheme announced by the Government of Andhra Pradesh in May 2004. The petitioner had seven electric service connections in the name of their deceased father, late Sri V.Chenna Reddy, and two service connections in the name of the petitioner' Despite several requests, the service connections have not been transferred to the petitioner,s name. In the year, 2073, the respondent authorities, served a notice on the petitioner demanding payment of huge arrears, totalling over Rs.1 crore, for the period from January 2OO4 to December 2012 claiming that the petitioner had consumed electricity exceeding the free power supply limit and threatened the petitioner of disconnection of the power supply if the arrears were not paid.

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SN.J W.P.No.6032 of 2013

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Aggrieved by the same, the petitioner^{filed the presentwrit} petition.

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4.7 is Court, vide its ord er dated 2a.o2.2013. Dassed interim orders in favour of the Detitioner^{observtnq as} u nd er:

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"Notice before admission.

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Respondents are directed not to^disconnect power supply, pending further orders.

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Post after three weeks for filing counter."

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The said orders dated 28.02.2013 are^{in force as on date'}

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PERU ED THE RECORD

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The Cou nter affidavit has^been filed on^{bealf of the} resDon ent No.4 and in^{oa rticu la r,oaraoraoh No.5is} extracted ere u nder:

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"Since in the case on hand, the^electricity service connection to each^of the farmers^{is lessthan} or equal to three connections, they are^{entitled for} exemption as^per Tariff Order^by the^{A.P.E.R.C. for the}

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4

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n'.4.n..0r., ",^)ol'j year 2005-06 and as per the policy decision taken by the State Government.,,

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7, Learned counsel appearing on behalf of the petitioner placing retiance on the averments made in the counter affidavit filed on behalf of the respondent No.4 and in particular, paragraph No.5, submits that the writ petition has to be ailowed as prayed for.

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Learned Standing Counset for TGSpDCL appearing on behalf of the respondent Nos.2 to 4 submits that the petitioner is entitled for the relief as prayed for in the present writ petition since the electricity service connection to each of the farmers in the present writ petition is less than or equal to three connections and hen ce, the ri e ifl df r x m tion a r T riff r tss d PE c ort e e r2 o 5- 2 o0 nd th e ol ic ectsr on a en t e t t ov rnm nt.

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9 aki In onsid rat o

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a) The aforesaid facts and circumstances of the case,

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SN,J w.P.N0.6032 of20l3

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b) The^{submissionsmade by thelearned counsel} appearing on^{behalf of the petitionerand the learned} Standing^{Counsel for TGSPDCL appearing on behalf of the} respondent^{Nos.2 to 4,}

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The averments^{made in the counteraffidavit filed on} c) behalf of the^{respondent No' 4 in particularparagraph} No.5^{(referredto and extracted above) and'}

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The fact as^{borne on record that as per Tariff order} d) issued by the^{APERCfor the year2OO5-2OO6' farmers} having dry^{lands with less than or equal to three service} connections^{would beexemptedfrompaymentof} electricity^{consumptionchargesand for farmers having} wetlandswithlessthanorequatto2'5acres'electricity consumption^{charges are exempted,}

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The writ^{petitionis allowedas prayed for and the} act.onofrespondentsinraisingbillsagainstthe agricultura!^{service connectionsbearingNos'L359O0OO24'} L359OOOO38,^{L359OOOO55,L359OOOO95',L359OOOO96',} 1359000497^{andL359OO0723, belonging tothe} petataoner's family^{and the consequential action of the}

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SN,J lV.I'.No.6032 ot20IJ

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respondents to enforce the bills by threat of disconnection of power supply to those service connections is declared as illegal, arbitrary and against principtes of natural justice apart from being violative of free power policy enunciated by the respondent No.1 and consequenuy, the claim of arrears in respect of the agricuttural service connections bearing Nos.L3S9OOOO24, L359OOOO3g, L359OOOO55, L359OOOO95, L359000096, L359OOO 497 and L359OOO723 are set asade. However, there shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if

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any, pending in the Writ petition shall also stand closed.

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That Rule Nisi has made Absolute as above witness The Hon'ble SRI SUJOY PAUL, The Acting Chief Justice on this Tuesday, the Fourth Day of March, Two Thousand and Twenty Five.

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SD/. T. TIRUMALA DEVI GISTRAR //TRUE COPY// ^iltlH,' OFFICER

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To,

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1 The Principal -Secretary, Energy Department, A.P. Secretariat, Hyderabad, Government of Telangana.

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2 J_hg-NlangginS^{Director,Central Power Distribution Company of A.p.,Limited} (APCPDCL).

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3 The Divisional Electrical Engineer (Operation), ApCpDCL, E.R.O. 319, Vikarabad, Ranga Reddy District.

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4 The Assistant Electrical Engineer (Operation), APCPDCL, peddamul, Ranga Reddy District

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.r,.

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5 One CC to SRI SANNAPANENI^{LOHIT,Advocate} [OPUC] 6 One CC to SRI N.SREEDHAR REDDY,^{SC FOR TGSPDCL} IOPUC] 7 Two CCs to GP FOR ENERGY, High^{Courtfor the Stateof Telanganaat} Hyderabad [OUT]

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