Electricity connection cannot be disconnected without prior notice, adhering to principles of natural justice under Section 43(1) of the Electricity Act.

ORDER :

NINALA JAYASURYA, J.

The present writ petition is filed aggrieved by the action of the authorities of DISCOM in removing the Electricity Connection bearing No.4611133000468 to the petitioner-Trust, as illegal, arbitrary etc., and for restoration of power connection.

2. Mr.Y.Nagi Reddy, learned arguing counsel inter alia submits that the 1^st petitioner-Trust was formed with an object to render service and the revenue- authorities allotted land of an extent of Ac.0.54 cent in Survey No.846-A 10 of Singarakonda Palem Village in the year 2008. He submits that the 1^st petitioner-Trust as a part of service activities, took a decision to construct some rooms, and with a view to avail power supply, made an application on 17.02.2025 by paying requisite fees to the authorities of DISCOM. He submits that pursuant to the said application, the 6^th respondent granted LTII commercial category connection to the Trust and a service meter was also provided on 20.02.2025. He submits that surprisingly, five days after granting electricity connection, for the reasons not known to the petitioner, the service connection was disconnected. He also submits that subsequently on 25.04.2025, the authorities of DISCOM have removed the meter and other equipment, without assigning any reasons. He submits that before resorting to disconnection of supply or removal of meter, no notice was issued to the petitioners and therefore, the action of the respondent-DISCOM authorities is contrary to Law and violative of principles of natural justice. He submits that after submitting the relevant documents including the ‘No Objection Certificate’ from 8^th respondent-Gram Panchayat, the power supply to the petitioner – Trust was released and if at all, the respondent-authorities intend to initiate serious action of disconnection of power supply, the petitioners should be put on prior notice and call for objections to the proposed action of disconnection. He submits that such a procedure has not been adhered to in the present case and therefore, the action of the authorities of DISCOM in disconnecting the power supply and removal of the meter etc; without issuing any notice is liable to be declared as violative of principles of natural justice, unsustainable in Law and consequently directions for restoration of the power supply may be ordered. The learned counsel also relies on the decision of this Court dated 22.03.2024 in W.P.No.7120 of 2024.

3. On the other hand, the learned counsel for the respondent-DISCOM sought to justify the action of the respondent authorities in disconnecting the power supply. Referring to the various averments in the counter-affidavit filed by respondent Nos.2 to 6, he submits that in view of the objections raised by one Mr.Ramakrishna Paramahamsa, Chairman of the Trust, the officials of DISCOM visited site, where the new service connection referred to above was given, it was found that there was no building or any bore well and it is only a vacant site. Further that the service connection in question was obtained without submission of proper documents to the DISCOM authorities. Therefore, the service was disconnected on 25.02.2025. He also submits that the Panchayat Secretary of the 8^th respondent-Gram Panchayat though has initially granted ‘No Objection Certificate’ to the petitioner-Trust for securing the electricity connection, subsequently they noticed that there are no proper documents in the name of the Trust and mistakenly issued ‘No Objection Certificate’. Referring to Para No.7 of the counter-affidavit, he further submits that the second petitioner did not produce any ‘con