Andhra Pradesh High Court

WP/31316/2024 of BITNI KAREEM KHAN Vs THE STATE OF AP on 31 December 2024

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY , THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31316/2024 Between: Bitni Kareem Khan ...PETITIONER AND The State

APHC010572002024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 31316/2024

Between:

Bitni Kareem Khan ...PETITIONER

AND

The State Of Ap and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1.R CHANDRA REDDY

Counsel for the Respondent(S):

1.VENKATA RAMA RAO KOTA SC FOR APSPDCL

2.GP FOR ENERGY

The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.4 and 5 at the instance of the 2[nd]defendant disconnected electrical supply bearing service connection Nos.22233301049755, 2223301003465, 2233010049624 of petitioner’s house i.e., D.No.21/630, Rajaji road, Proddatur Town, Kadapa District out any justifiable reason, as illegal, arbitrary, against the principles of natural justice and unconstitutional and consequently direct the respondent Nos.4 and 5 to restore the power supply bearing service connection Nos.22233301049755, 2223301003465, 2233010049624 of petitioner’s house i.e., D.No.21/630, Rajaji road, Proddatur Town, Kadapa District and pass such other order.”

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents Nos.2 to 5.

3. Learned counsel for the petitioner submits that the petitioner is the resident of house bearing D.No.21/630, Rajaji Road, Proddatur Town, Kadapa District. Due to civil disputes, the petitioner filed O.S.No.240 of 2016 on the file of the Senior Civil Judge Court, Proddatur, Kadapa District, against his mother and brother seeking for grant of permanent injunction. The said suit was dismissed on 01.08.2024. Challenging the same, the petitioner filed A.S.No.34 of 2024 before the XI Additional District Judge, Proddatur and the same is pending for consideration. While so, at the instance of the petitioner’s brother/2[nd] defendant, respondent Nos.4 and 5 disconnected the electricity service connection of the petitioner. Immediately, the petitioner approached respondent Nos.4 and 5 and submitted oral representation for restoration of the power supply to his house. But, respondent Nos.4 and 5 did not consider the request made by the petitioner. Hence, the present Writ Petition.

4. Learned Standing Counsel for respondent Nos.2 to 5 submits that the respondents will consider the request made by the petitioner, by following due process of law.

5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.2 to 5 and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondents to restore the electricity service connection of the petitioner, by following due process of law, within due course with immediate effect.

6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel miscellaneous application, pending, if any, shall also stand closed.

________________________________

VENKATESWARLU NIMMAGADDA, J

HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 31316/2024

31.12.2024 TPS

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