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IN THE HIGH COURT OF ANDHRA PRADESH
SRI JUSTICE VENKATESWARLU NIMMAGADDA, J
G. Lakshmi, W/o G. Srinivasulu – Appellant
Versus
A.P. Southern Power Distribution Company Limited, Rep. by its Superintending Engineer, Dargamitta, Nellore – Respondent
ORDER:-
1. As the issue involved in all the four writ petitions is inter-related, all these writ petitions are taken up together and are disposed of through this common order.
2. W.P.Nos.19608, 19995 of 2018 is filed by one Smt. Gupi Lakshmi Devi, w/o Srinivasulu; W.P.No. 20074 of 2018 is filed by Smt. Gupi Lakshmi Devi and O. Nagendra Kumar; whereas, W.P.No.19926 of 2018 is filed by one Onteru Nagendra Kumar s/o Ramakrishnaiah.
3. For better appreciation of the case, facts in W.P.No.20074 of 2018 are taken for consideration. This writ petition is filed under Article 226 of the Constitution of India , to direct the respondents to receive/accept the demanded amounts from the petitioners for grant of electricity power connection to the petitioners lands in Sy.Nos.1374 and 1373 of Varini Village, Vidavalur Mandal and grant electricity power connection to the petitioners as per their application dated 11.05.2018.
4. Originally, W.P.No.20074 of 2018 was filed by Smt. Gupi Lakshmi Devi and O. Nagendra Kumar against Respondent Nos.1 & 3 – APSPDCL. Later, the unofficial respondents i.e Respondent Nos.4 & 5 were impleaded as party respondents vide orders of this Court in I.A.No.2 of 2018 dated
A writ of mandamus is discretionary and cannot be granted if the petitioner suppresses material facts or fails to establish a legal right.
Electricity connection cannot be granted without considering the objection of the person claiming ownership of the property, as it violates the principles of natural justice.
A party must demonstrate lawful ownership or possession to obtain electricity connections; pending civil disputes cannot be overlooked by administrative authorities in granting such connections.
Electricity cannot be denied based on ownership disputes; distribution licensees have a statutory duty to supply electricity upon valid application irrespective of ongoing eviction proceedings.
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