Andhra Pradesh High Court - Amravati
Tanniruvenkataramanarao, vs Andhra Pradesh Central Power ... on 9 December, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) nee WEDNESDAY, THE NINTH DAY OF DECEMBER, TWO THOUSAND AND TWENTY.~.. ° :PRESENT: Lee THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION No. 23323 of 2020 Between :- Ma Tanniru Venkata Ramana Rao, S/o. Late Venkateswarulu, Aged about 59°.years, Occ : Business, R/o. Flat No. 202, Elite Apartments, Opp. Ramakrishna School," 3 Lane Bhagyanagar, Ongole, Pakasam District. ....Petitioner AND 4. Andhra Pradesh Central Power Distribution Company Limited, Rep by its Chairman and Managing Director, Beside Government Polytechnic, ITI Road, Vijayawada -520 008. 2. The Superintending Engineer, Andhra Pradesh Central Power Distribution Company Limited, Ongole Circle, Ongole, Prakasam District. 3. The Executive Engineer, Andhra Pradesh Central Power Distribution Company Limited, D3 Section, Lambadi Donka, Kurnool Road, Ongole, 4. The Assistant Executive Engineer, Andhra Pradesh Central Power Distribution Company Limited, D3 Section, Lambadi Donka, Kurnool Road, Ongole, ... Respondents
WHEREAS. the Petitioner above named through his Advocate SRI K. RATNA SAGAR 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 a writ, direction, order or orders more particularly one in the nature of writ of mandamus declaring the action of the respondents in not providing electricity connection in spite of petitioner's Application No. NC012005102567 and NC012005102664 dated 21.08.2020 as illegal, arbitrary, and contrary to the provisions of the Electricity Act, 2003 and consequently direct the respondents to provide electricity service to the Petitioners premises basing upon the Petitioner's Application No. NC012005102567 and NC012005102664 dated 21.08.2020 within stipulated time period.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri K. RATNA SAGAR, Advocate for the Petitioner and of Sri Y. Nagi Reddy, Standing Counsel on behalf of respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
4.The Chairman and Managing Director, Andhra Pradesh Central Power Distribution Company Limited, Beside Government Polytechnic, IT| Road, Vijayawada -520 008.
2.The Superintending Engineer, Andhra Pradesh Central Power Distribution Company Limited, Ongole Circle, Ongole, Prakasam District.
3.The Executive Engineer, Andhra Pradesh Central Power Distribution Company Limited, D3 Section, Lambadi Donka, Kurnool Road, Ongole,
4.The Assistant Executive Engineer, Andhra Pradesh Central Power Distribution Company Limited, D3 Section, Lambadi Donka, Kurnool Road, Ongole, Prakasam District.
are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
Contd..2..
|.A. No. 1 of 2020 :-
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to direct the respondents to provide electricity service to the Petitioner's premises basing up on the Petitioner's application No. NC012005102567 and NC012005102664 dated 21.08.2020 forthwith in the interest of justice, pendine-dispesat-of the-above writ petition-amd -to-pass; pending disposal of WP No. 23323 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 APCPDCL, takes notice for the respondents and waives further notice and seeks time to get instructions.
The grievance of the petitioner is that when he requested the respondent authorities to change the existing electricity connection in respect of the subject premises, which stood in the name of his paternal grandmother, in his name, the respondents asked the petitioner to surrender the service connection and clear dues in respect of the service connection. Even after paying the dues and surrendering the service connection, the respondents are not providing electricity service connection in the name of the petitioner.
Learned counsel for the petitioner submits that as per the provision of Section 43 of the Electricity Act, the respondent authorities are under obligation to provide service connection within 30 days from the date of receipt of the application but till date the respondents did not provide service connection to the petitioner pursuant to his application, dated 21.08.2020, which is illegal and arbitrary.
Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the material record, this Court is prima facie satisfied that the petitioner has shown sufficient cause for granting interim order.
Accordingly, there shall be interim direction as prayed for."
spDHA REDD 2a). M. SURYANAD! Sd/ tr ANT REGISFRAR / TRUE COPY// ASSIS2™ 2, for ASSISTANT REGISTRAR To
1.The Chairman and Managing Director, Andhra Pradesh Central Power Distribution Company Limited, Beside Government Polytechnic, ITI Road, Vijayawada -520 008.
2.The Superintending Engineer, Andhra Pradesh Central Power Distribution Company Limited, Ongole Circle, Ongole, Prakasam District.
3.The Executive Engineer, Andhra Pradesh Central Power Distribution Company Limited, D3 Section, Lambadi Donka, Kurnool Road, Ongole,
4.The Assistant Executive Engineer, Andhra Pradesh Central Power Distribution Company Limited, D3 Section, Lambadi Donka, Kurnool Road, Ongole, Prakasam District.
(Addressee Nos. 1 to 3 by RPAD along with a cop of Petition & Affidavit)
5.One CC to Sri K. Ratna Sagar, Advocate(OPUC)
6.One CC to Sri Y. Nagi Reddy, Standing Counsel(OPUC)
7.One spare copy.
TKK HIGH COURT MGR.J DT.09-12-2020.
NOTICE BEFORE ADMISSION W.P.No. 23323 of 2020 INTERIM DIRECTION * xf NSEsparcnee"