IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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WRIT PETITION NO: 8979 of 2025

Shaik Basheed, S/o Shaik Mahaboob, aged about 47 years, Occ: Business, R/o Saleem Nagar, Nandyal Town, Nandyal

District.

… Petitioner

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Energy Department, Secretariat Buildings, Velagapudi,

Amaravathi, Guntur District and others.

… Respondents

DATE OF ORDER PRONOUNCED : 16.06.2025

SUBMITTED FOR APPROVAL:

HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

1. Whether Reporters of Local Newspapers

may be allowed to see the order? : Yes/No

2. Whether the copy of order may be

marked to Law Reporters/Journals? : Yes/No

3. Whether His Lordship wish to

see the fair copy of the order? : Yes/No

_____________________ SUBBA REDDY SATTI, J

* HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8979 of 2025 % 16.06.2025 Writ Petition No. 8979 of 2025 Shaik Basheed, S/o Shaik Mahaboob, aged about 47 years, Occ: Business, R/o Saleem Nagar, Nandyal Town, Nandyal District.

… Petitioner Versus The State of Andhra Pradesh, Rep. by its Principal Secretary, Energy Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District and others.

… Respondents ! Counsel for Petitioner : Sri V.R. Reddy Kovvuri ^ Counsel for Respondents : Smt. Jyothi Ratna Anumolu, learned Junior Standing Counsel;

Sri P. Veera Reddy, learned Senior Counsel assisted by Sri Khaja Basha, learned standing counsel Gist:

> Head Note:

? Cases referred:

1) (1996) 9 SCC 309 2) (2004) 2 SCC 150 3) (2008) 2 SCC 280 4) AIR 1977 SC 276 This Court made the following:

APHC010171012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8979/2025 Between:

Shaik Basheed ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. V R REDDY KOVVURI Counsel for the Respondent(S):

1. VENKATA RAMA RAO KOTA SC FOR APSPDCL

2. GP FOR ENERGY

3. SHAIK KHAJA BASHA The Court made the following ORDER:

The above writ petition is filed to declare the action of respondents 5 to

7 in disconnecting the electricity supply to the S.C.No.8431304027253 of Bismillah Water Service Centre, in survey No.438/A2, Nandyal Town, Nandyal District, at the behest of respondents 8 and 9, without considering the petitioner’s representation, as illegal and arbitrary.

2. The averments in the affidavit, in brief, are that the land of an extent of Ac.00-45 cents in survey No.438/A2, Nandyal Town, Nandyal District, originally belonged to late Nasyam Hazi Peeran Saheb, S/o Hazi Beeram Saheb, who, in turn, gifted the property to a Mosque i.e. Bakkar Kasab Mosque, by registered gift deed dated 25.04.1961. Thus, the property became the absolute property of the Mosque. Subsequently, the name of the Mosque is changed to Masjid-e-Quresh. Respondent No.9, the development committee, is managing the affairs of the Mosque, and the then General Secretary of respondent No.9 executed a lease deed dated 03.03.2010 in favour of the petitioner for three years and handed over the physical possession to the petitioner. The petitioner established ‘Bismillah Water Service Centre’, by raising a temporary structure.

b) An electricity service connection of Lower Tension (L.T.) Category-

III already existed in the name of B. Ravi Kumar, in the subject property. The petitioner has been paying monthly consumption charges. When some of the members of respondent No.9 tried to interfere with the petitioner’s possession, the petitioner filed suit O.S.No.128 of 2010 on the file of the Additional Junior Civil Judge, Nandyal, against two individuals seeking perpetual injunction, and the said suit is pending.

c) Be that as it may, the President of respondent No.9 addressed a letter, dated 01.02.2025, to the Executive Engineer, APSPDCL, Nandyal, stating that the property, located in survey No.438/A2 is owned by the Masjid and the petitioner