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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NINALA JAYASURYA
Shaik Shajahan Bee Alias Shajahan Alias Shajaha W/o. Late Shakshavali – Appellant
Versus
Assistant Executive Engineer Operations, APSPDCL – Respondent
ORDER :
NINALA JAYASURYA, J.
The Court made the following order:
Heard learned counsel for the petitioner. Also heard Mr.K.Ashok, learned counsel representing the Standing Counsel for APSPDCL for respondents 1 to 5 and Mr.V.Nitish, learned counsel for the 7th respondent.
2. The brief facts of the case, for better appreciation, may be narrated hereunder:
The petitioner purchased an extent of Ac.0.01 ¼ cents in Survey No.418/1B pyki through a Registered Sale Deed dated 19.06.2000, constructed a building at N.G.Os colony, Nandyal Town and the Municipality allotted Door Numbers for commercial and domestic purposes respectively. The petitioner obtained two electricity connections i.e., commercial service No.8431205031562 and domestic service No.8431205038915. Taking advantage of a Mortgage Deed executed by the petitioner towards the loan for family necessities and to run the hotel, the 7th respondent played fraud and filed O.S.No.586 of 2018 on the file of the Court of Principal Civil Judge (Junior Division), Nandyal against the petitioner for the relief of delivery of vacant possession of the suit schedule property and for payment of alleged arrears of lease amount. The 7th respondent after
The main legal point established in the judgment is that the Electricity Act imposes a statutory duty on the respondents to provide electricity connection to the petitioner within a specified period,....
Electricity connection cannot be disconnected without prior notice, adhering to principles of natural justice under Section 43(1) of the Electricity Act.
Disconnection of electricity without notice is illegal, violating natural justice and statutory obligations, leading to restoration order in favor of the petitioners.
Occupiers have a statutory right to electricity supply regardless of the landlord's disputes, which must be resolved in appropriate civil venues.
The court established that the right to electricity is fundamental and cannot be denied based on ownership disputes or pending eviction proceedings.
Only lawful occupiers are entitled to electricity supply under Section 43 of the Electricity Act, and the petitioner failed to prove his legal occupancy.
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