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2026 Supreme(Online)(AP) 16622

HIGH COURT OF ANDHRA PRADESH
Maheswara Rao Kuncheam, J
P Munemma – Appellant
Versus
State Of Andhra Pradesh – Respondent
WRIT PETITION NO: 7727/2026



Advocates:
For the Appellants/Petitioners: Raviteja Talaseela
For the Respondents: Venkata Rama Rao Kota SC For APSPDCL, GP For Energy

Under Section 43 of the Electricity Act, 2003, a distribution licensee has a mandatory statutory duty to provide electricity supply to an owner or occupier of premises within one month of receiving a valid application, recognizing electricity as a basic human necessity.

Headnote:(A) Electricity Act, 2003 - Section 43 - Duty to supply electricity - Application by owner or occupier of premises - Statutory obligation of distribution licensee to provide power supply within one month - Petitioner's right to receive domestic electricity supply - Petitioner's application for electricity service connection pending for over a year - Electricity held as a basic amenity - Respondents directed to process applications within four weeks. (Paras 6-9)

Facts of the case:
The petitioners, owners of residential plots, sought new electricity service connections under LT Category-1 (Domestic) for their properties. Despite submitting the necessary applications, indemnity bonds, and undertakings, the respondent electricity department failed to provide the connections or provide valid reasons for the delay, leading the petitioners to approach the High Court via a Writ Petition.

Findings of Court:
The court held that under Section 43 of the Electricity Act, 2003, there is a clear statutory duty on the distribution licensee to provide electricity upon receiving an application from an owner or occupier of the premises. Given that electricity is a basic amenity, the respondent authorities are required to process the applications pragmatically within the prescribed time frame.

Issues: Whether the respondent electricity company is liable to provide electricity supply to the petitioners upon their application, and whether inaction on such applications is arbitrary and violative of the law.

Ratio Decidendi: Distribution licensees are under a mandatory statutory duty per S. 43 of the Electricity Act to provide electricity connections to an applicant who is an owner or occupier of premises and has fulfilled procedural formalities within one month. Unjustified delays in processing such applications are contrary to the provisions of the Act and established legal principles.

Result: Writ Petition is disposed of with a direction to the respondent authorities to process the applications within four weeks.

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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 2 to 5 in sanctioning and provide new electricity service connection in Lower Tension (LT) Cat-1 (domestic) electricity supply to the petitioners plots situated in Sy.Nos.145, 147/1 of Avilala Village, Tirupathi Rural Mandal, Tirupati District in pursuance to the applications made by the petitioners vide application/Reg Registration No. 55222N641662026JAN13, 55222N641692026JAN13, 55222N641682026JAN13, 55222N641642026JAN13, 55222N640902025DEC27, 55222N641672026JAN13, 55222N641652026JAN13, 55222N641632026JAN13, 55222N640892025DEC27, 55222N644112026FEB22, 55222N641612026JAN13, even though, the respondent Nos.2 to 5 having provided electricity connections to the neighboring plots in the same survey number are trying delay the issuance of electricity service connection to the petitioners, without assigning any reasons, as arbitrary, illegal, unjust, violative of the provisions and procedure prescribed under the Electricity Act, 2003, the rules made there under and the General Terms and Conditions of Power Supply and the law laid down by the Hon'ble Apex Court in various judgments and also the well-established legal principles, apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14 and 21 of the Constitution of India and for a consequential direct the respondent Nos.2 to 5 sanction and provide the new electricity service connection in Lower Tension (LT) Category-1 (Domestic) to the subject premises forthwith and pass

IA NO: 1 OF 2026

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 respondent Nos.2 to 5 to consider the applications made by the petitioners vide application/Registration No 55222N641662026JAN13, 55222N641692026JAN13, 55222N641682026 JAN13, 55222N641642026JAN13, 55222N640902025DEC27, 55222N641672026JAN13, 55222N641652026JAN13, 55222N641632026 JAN13. 55222N640892025DEC27, 55222N644112026FEB22, 55222N641612026JAN13 and sanction and provide the new electricity service connection in Lower Tension (LT) Category-1 (Domestic) to the plots situated in Sy.Nos.145, 147/1 of Avilala Village, Tirupathi Rural Mandal, Tirupati District forthwith, pending disposal of the above Writ Petition and pass

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION NO: 7727 of 2026

The Court made the following Order:

Instant Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India with the following prayer:

“.... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 2 to 5 in sanctioning and provide new electricity service connection in Lower Tension (LT) Cat-1 (domestic) electricity supply to the petitioners plots situated in Sy.Nos. 145, 147/1 of Avilala Village, Tirupathi Rural Mandal, Tirupati District in pursuance to the applications made by the petitioners vide application/Reg Registration No.55222N641662026JAN13, 55222N641692026JAN13, 55222N641682026JAN13, 55222N641642026JAN13,55222N640902025DEC27, 5222N641672026JAN13, 55222N641652026JAN13, 55222N641632026JAN13,55222N640892025DEC27, 5222N644112026FEB22, 55222N641612026JAN13, even though, the respondent Nos.2 to 5 having provided electricity connections to the neighboring plots in the same survey number are trying delay the issuance of electricity service connection to the petitioners, without assigning any reasons, as arbitrary, illegal, unjust, violative of the provisions and procedure prescribed under the Electricity Act, 2003, the rules made there under and the General Terms and Conditions of

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