APHC010340602016 IN THE HIGH COURT OF ANDHRA PRADESH [3209]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 16324/2016 Between:

1. N . SUDHAKAR, S/O. P. KOTAIAH,, OCC. AGRICULTURE, R/O. VAVILETIPADU VILLAGE JARUGUMALLI MANDAL, PRAKASAM DISTRICT SERVICE NO. 4522409001510

2. N . KOTAIAH, S/O. N. VENKATA SUBBAIAH,, OCC.

AGRICULTURE, R/O. VAVILETIPADU VILLAGE JARUGUMALLI MANDAL, PRAKASAM DISTRICT SERVICE NO. 4522409000330

3. N . VENKATESWARLU S/O. N. VENKATA SUBBAIAH,, OCC. AGRICULTURE, R/O. VAVILETIPADU VILLAGE JARUGUMALLI MANDAL, PRAKASAM DISTRICT SERVICE NO. 4522424000328 ...PETITIONER(S)

AND

1. S TATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ELECTRICITY DEPARTMENT, SECRETARIAT, HYDERABAD.

2. T HE DEPUTY EXECUTIVE ENGINEER RWS, ANDHRA PRADESH STATE POWER DISTRIBUTION COMPANY LTD., SINGARAYAKONDA, PRAKASAM DISTRICT

3. T HE ASSISTANT DIVISIONAL ENGINEER OPERATIONS, ANDHRA PRADESH STATE POWER DISTRIBUTION COMPANY LTD., SINGARAYAKONDA, PRAKASAM DISTRICT

4. T HE DIVISIONAL ENGINEER OPERATIONS, ANDHRA PRADESH STATE POWER DISTRIBUTION COMPANY LTD., KANDUKURU, PRAKASAM DISTRICT

5. T HE ADDITIONAL ASSISTANT ENGINEER OPERATIONS, ANDHRA PRADESH STATE POWER DISTRIBUTION COMPANY LTD., JARUGUMILLI MANDAL, PRAKASAM DISTRICT ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 5 in disconnecting power supply to the petitioners fish tanks vide Service No. 4522409001510, 4522409000330 and 452242400328 situated at Vaviletipadu Village, Jarugumalli Mandal, Prakasam District without following due process of law and without issuing any notice and without obtaining any explanation is illegal, arbitrary, highhanded and violation of principles of natural justice and also violation of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents to restore the power supply to the petitioners fish tanks bearing Service No. 4522409001510, 4522409000330 and 452242400328 immediately forthwith IA NO: 1 OF 2016(WVMP 2430 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders WP MP No. 20114 of 2016 in WP No. 16324 of 2016, dated 12.05.2016 in the interest of Justice and dismiss the Writ Petition as devoid of merits IA NO: 2 OF 2016(WPMP 20114 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to restore the power supply to the petitioners fish tanks bearing Service No. 4522409001510, 4522409000330 and 452242400328 situated at Vaviletipadu Village, Jarugumalli Mandal, Prakasam District immediately, pending disposal of the main writ petition.

Counsel for the Petitioner(S):

1. TENEPALLI NIRANJAN Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL)

2. GP FOR ENERGY (AP)

3. JAGARLAMUDIKOTESWARIDEVI(SC FORAPSPDCL)

The Court made the following:

ORDER:-

Heard Mr.D.Praveen Kumar, learned counsel representing Mr.T.Niranjan, learned counsel for the petitioners.

2. Also heard Ms.Aishwarya Chowdary, learned Junior Standing Counsel for DISCOM.

3. The present writ petition is filed to declare the action of respondent Nos.3 to 5 in disconnecting the power supply to the petitioners’ fish tanks vide Service No.4522409001510, 4522409000330 and 452242400328 without following due process of law as illegal, arbitrary etc., and for consequential directions.

4. At the time of considering the matter, the learned counsel representing the petitioners, while drawing the attention of this Court to the ord