Andhra Pradesh High Court - Amravati
Asn Murthy vs The State Of Ap on 15 December, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
| | [ 2696 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTBENTH DAY OF DECEMBER, TWO THOUSAND AND TWENPY -PRESENT: 4. THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 23812 OF 2060 Between: 1. Kamataham Narapareddy, S/o Ayyapa Reddy, 2. Varidireddy Harish Kumar, S/o Venkata Sesha Reddy, Petitioners AND 4. The State of Andhra Pradesh, rep. by its Principal Secretary to Govt. Energy Department, A.P. Secretariat, Velagapudi, Amaravathi. 2. The Andhra Pradesh Southern Power Distribution Company Limited, Rept. By its Managing Director, Tirupati, Chittoor District. 3. The Superintending Engineer, (Operation), APSPDCL, Dargamitta, AK Nagar, Nellore Nellore District, The District Collector, Nellore, Nellore District. The Nellore Municipal Corporation, Rept. By its Commissioner, Nellore, Nellore District. ak Respondents WHEREAS the Petitioners above named through their Advocate Sri T D Phani Kumar presented this 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 Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent no 2 and 3 in constructing 33/11 KV electrical sub-station In an open space to an extent of Ac. 0.61.9 Cents in DTCP approved layout LP No. 66/99 In Sy.No. 804/A and 8-4/B ( Near Simhapuri Hospital, behind Aditya Jr. College), Chintha Reddy Palem road, Nellore without any permissions from the Respondent no 1 and 5 In the place earmarked for public park under Layout as Illegal, arbitrary, contrary to the Provisions of the Electricity Act and in violation of Art. 21 of Constitution of India and consequently direct the Respondents no- 2 and 3 to remove the 33/11 KV Electrical Sub-Station contracted In Sy.No. 804/A and 8-4/B ( Near Simhapuri Hospital, behind Aditya Jr. College, Chintha Reddy palem road, Nellore. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri T D Phani Kumar, Advocate for the Petitioner, and Sri Y. Nagi Reddy Standing Counsel for APSPDCL for Respondents Nos 2 & 3, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Principal Secretary to Govt. Energy Department, State of A.P., AP. Secretariat, Velagapudi, Amaravathi. 2. The Managing Director, Andhra Pradesh Southern Power Distribution Company Limited, Tirupati, Chittoor District. 3. The Superintending Engineer, (Operation), APSPDCL, Dargamitta, AK Nagar, Nellore Nellore District, The District Collector, Nellore, Nellore District. The Commissioner, Nellore Municipal Corporation, Nellore, Nellore District. ak ~ are directed to show cause on or before 05-01-2021 to which date the case stands posted as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated 'in the affidavit filed in W.P., the High Court may be pleased to direct the respondent no 2 and 3 not to proceed with further constructing work Including integrating the equipment for operation of power station of 33/11 KV electrical sub-station in an open space to an extent of Ac. 0.61.9 Cents in DTCP approved layout LP No. 66/99 In Sy.No. 804/A and 8-4/B ( Near Simhapuri Hospital, behind Aditya Jr. College, Chintha, Reddy) palem road, Nellore, pending disposal of WP No. 23812 of 2020, on the file of the High Court. The Court made the following ORDER:
Notice before admission.
Sri Y. Nagi Reddy, learned standing counsel for APSPDCL takes notice for the respondents 2 & 3. . | Learned counsel for the petitioners submits that respondents 2 & 3 are proceeding with the construction of 33/11 KV electrical sub-station in open space, an extent of Ac.0.61.9 cents situated in DTCP approved layout LP.No.66/99 in Sy.No.804/A and 8-4/B of Nellore, in the place earmarked for public park under the layout, without obtaining permissions from the respondents 1 & 5, which is illegal and contrary to the law laid down by this Court and the Hon'ble Supreme Court. | Learned standing counsel submits that construction of sub-station is already over and electricity is being supplied to the consumers.
Having regard to the submissions of learned counsel for the petitioners and on perusal of the material record, this Court is prima facie satisfied that petitioners have shown sufficient cause for granting an interim order.
Accordingly, there shall be interim direction as prayed for.
Post on 05.01.2021.
SD/- P.VENKATA RAMA DEPUTY REGISTRAR ITTRUE COPY// KEGISTRAR To,
1. The Principal Secretary to Govt. Energy Department, State of A.P., A-P. Secretariat, Velagapudi, Amaravathi.
2. The Managing Director, Andhra Pradesh Southern Power Distribution Company Limited, Tirupati, Chittoor District.
3. The Superintending Engineer, (Operation), APSPDCL, Dargamitta, AK Nagar, Nellore Nellore District, The District Collector, Nellore, Nellore District. The Commissioner, Nellore Municipal Corporation, Nellore, Nellore District. (Addressee Nos 1 to 5 by RPAD) One CC to Sri T.D. Phani Kumar, Advocate (OPUC) One CC to Sri Y. Nagi Reddy, SC for APSPDCL (OPUC) One spare copy km ak QoNO HIGH COURT MGR,J DATED:15/12/2020 NOTE: POST ON 05-01-2021 NOTICE BEFORE ADMISSION WP.No.23812 of 2020 INTERIM ORDER Sy Me,