ORDER:

In the present Writ Petition, challenge is to the letter bearing Proceedings No.Lr.No.DEE/O/R/NLR/F.No/ D.No.1133/2021, dated 11.06.2021, of the Deputy Executive Engineer (Operations) Rural, APSPDCL-fourth respondent herein.

2. Heard Sri Harinath Reddy Soma and Sri T.D.Phani Kumar, learned counsel for the petitioner, Sri S.Satish Kumar, learned Government Pleader for Energy, Sri Y.Nagi Reddy, learned Standing Counsel, and Sri P.Subhash, learned Government Pleader for Revenue, apart from perusing the entire material available on record.

3. According to the petitioner, he is a permanent resident of Krishnapatnam Village and carrying on Aquaculture in Sy.Nos.490 and 666 of the said Village of SPSR Nellore District. He further stated that, pursuant to the endorsement bearing Rc.No.324/2020, dated 19.10.2020, respondents 2 to 4 herein granted Service Connection bearing LTSC.No.1967 for the said Aquaculture. The Tahsildar, Muthukur Mandal- fifth respondent herein, vide proceedings in Rc.B.No.462/ 2019, made a request to the fourth respondent herein to disconnect the power supply to the petitioner on the ground that certain people have encroached upon the Government lands and created prawn ponds. On the basis of the said proceedings of the Tahsildar-fifth respondent herein, fourth respondent herein, by way of the impugned letter, dated 11.06.2021, ordered that the Service Connection of the petitioner herein be disconnected. According to the learned counsel for the petitioner, the said action on the part of the respondent authorities is highly illegal, arbitrary, violative of the provisions of the Electricity Act, 2003 and the Regulations made thereunder besides being opposed to the principles of natural justice. It is further contended that, even assuming that the petitioner herein is in occupation of a Government land, the fifth respondent herein ought to have invoked the provisions of the Land Encroachment Act, 1905 by complying with the provisions stipulated therein. It is further submitted by the learned counsel that there is absolutely no provision of law, which enables or empowers the authorities to order disconnection on the basis of a letter addressed by the Tahsildar-fifth respondent herein.

4. On the contrary, learned Standing Counsel submits that there is absolutely no illegality nor there exists any infirmity in the impugned action and, in the absence of the same, the invocation of jurisdiction of this Court, under Article 226 of the Constitution of India, is impermissible. It is further contended by the learned Standing Counsel that Section 163 of the Electricity Act, 2003 expressly enables the licencee to enter into the premises for the purpose of removal of the fittings or other apparatus of the licencee. It is also his submission that Clause 17 of the General Terms and Conditions of Power Supply also enables the licencee to order disconnection of the power supply.

5. Learned Government Pleaders for Energy and Revenue would contend that, in view of the encroachments made by the petitioner and others, the impugned action cannot be faulted. It is absolutely not in controversy that Section 56 of the Electricity Act empowers the licencee to disconnect the power supply in the event of default in payment of charges by the consumer. It is also not in dispute that Clause 17 of the General Terms and Conditions of Power Supply also enables the licencee to order disconnection of power supply in the event of there being any order of eviction or in the absence of any permission. It is further submitted that, though the impugned order was passed on 11.06.2021, still power supply is being extended to the petitioner herein.

6. A perusal of the order impugned in the present Writ Petition discloses, in clear and unequivocal terms, that the fourth respondent herein issued the impugned letter only on the basis of the letter addressed by the Tahsildar, Muthukur Mandal-fifth respondent herein on 11.06.2021. It is also evident from a peru