The court emphasized the necessity of following due process and providing an opportunity for hearing before disconnecting a power connection, reinforcing principles of natural justice.

ORDER

The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:

“to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 and 3 in trying to disconnect the Power Connection vide S.C.No.116582R009003859 given to the petitioners land in Sy.No.127/6, 7 AND 9 situated in Madhurawada Village, Visakhapatnam District without giving any prior notice or without following due process of law which is illegal, improper, arbitrary and violation of principles of natural justice and also violation of Articles 14 and 21 of the Constitution of India consequently direct the respondents not to disconnect the Power Connection vide S.C.No.116582R009003859 given to the petitioners land in Sy.No.127/6, 7 AND 9 situated in Madhurawada Village, Visakhapatnam District without following due process of law and pass such other order or orders….”

2. Heard learned counsel for the petitioners, learned Government Pleader for Energy for respondent No.1, Sri V.V.Satish, learned Standing Counsel for APEPDCL for respondent Nos.2 and 3 and Sri V.Surya Kiran, learned Standing Counsel for VMRDA for respondent No.4.

3. The case of the petitioners herein is that the respondents are trying to disconnect the electricity service connection of the petitioners bearing S.C.No.116582R009003859 for the premises situated in Sy.No.127/6, 7 and 9 situated in Madhurawada Village, Viskhapatnam District. The said connection was granted on 28.09.2024 by the respondents after compliance with the terms and conditions as envisaged under the General Terms and Conditions of Supply of Distribution and Retail Supply Licensees rules, 2006. The further case of the petitioners is that the petitioners acquired the subject property through registered title deed in the year 1996. While so, without there being any default on part of the petitioners either in payment of charges or violation of any sanction conditions as per the General Terms and Conditions of Supply of Distribution and Retail Supply Licensees Rules, 2006 (hereinafter referred as Rules, 2006), the respondents are trying to disconnect the power connection of the petitioners on the guise of a compliant made by the 4^th respondent. Hence, the writ petition.

4. On the other hand, Sri V.V.Satish, learned Standing Counsel for APEPDCL for respondent Nos. 2 and 3 and Sri V.Surya Kiran, learned Standing Counsel for the 4^th respondent submits that it is true the petitioner was granted power connection in the month of September, 2024 after having submitted proof of possession by way of express deed in respect of the premises Sy.No.127/7 situated in Madhurawada village, Visakhapatnam District. He further submits that since there is a civil dispute between the petitioner and the 4^th respondent, respondent Nos. 1 to 3 are not taking any steps for disconnection of the subject power connection which is situated in Sy.No.127/7 of Madhurawada Village, Visakhapatnam District. More so, if they intend to disconnect the power connection, they would follow due procedure as contemplated under the Rules, 2006. The further case of the 4^th respondent herein is that the subject property was vested with the 4^th respondent and the same was sub divided in to plots in the year, 2015 and sold away most of the plots in favour of the prospective purchasers. On the guise of proceeding under a civil suit and other litigations, the petitioners have been in possession of the small subject premises and hampering the 4^th respondent to proceed further as per the terms of approved layout plan.

5. Heard the submissions made by the learned counsel for the petitioners and learned Standing Counsel for the respondents and on perusal of the material pla