M.Reddappa, Agriculture, Chittoor District v. The State of Andhra Pradesh, rep., by its Principal Secretary, Energy

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 Mandamus R.No.AI/05/2024, dated 13-08-2024 issued by the Respondent No.6 in refusing to give No Objection Certificate for giving new Power Service Connection to land in an extant of Ac.2.31 Cents in Sy.No.506/2, of Peddapanjani Village fields, Peddapanjani Mandal, Chittoor District assign to petitioner stating that same is subject matter of the Revision Petition in R.P.32/2007 before Commissioner/Director of Settlement, Vijayawada though petitioner not a party to the same and there are no any restraint orders in the same and consequential action of the Respondents in refusing to give Service Connection to the said land as arbitrary, illegal, abdication of the statutory duty cast on them apart from being voilative of the fundamental and Constitutional rights guaranteed to petitioner under Articles 14, 19 and 300-A of Constitution of India consequently direct the Respondents No. 3 to 5 to sanction new Service Connection to the land in an extant of Ac.2.31 Cents in Sy.No.506/2 of Peddapanjani Village fields Peddapanjani Mandal, Chittoor District without insisting for No Objection Certificate by setting aside the endorsement, dated 13-08-2024 issued by the respondents No. 6. No. 3 to 5 , even lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated i the affidavit filed in support of the petition, the High Court may be pleased to suspend the endorsement, dated 13-08-2024 issued by the respondent No.6. V ^ lA NO: 1 OF 2024 Petition urtder 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 No.3 to 5 to give the new Power Service Connection to the agricultural land belong to petitioner m an extant of Ac.2.31 Cents in Sy.No.506/2 of Peddapanjani Village fields, Peddapanjani Mandal, Chittoor District without insisting for No Objection Certificate from respondent No.6. Counsel for the Petitioner(s): SRI. S PARINEETA Counsel for the Respondent No.1: GP FOR ENERGY DEPARTMENT Counsel for the Respondent Nos.2 to 5: M/S JYOTHI RATNA ANUMOLU JUNIOR STANDING COUNSEL FOR APSPDCL Counsel for the Respondent No.6: GP FOR REVENUE The Court made the following: ORDER T APHC01043016202,4 HMS. . IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329] (Special Original Jurisdiction) TUESDAY,THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21899/2024 Between: M.reddappa, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:

1.S PARINEETA Counsel for the Respondent(S):

1.GP FOR ENERGY

2.GP FOR REVENUE

3.JYOTHI RATNA ANUMOLU JUNIOR STANDING COUNSEL FOR APSPDCL The Court made the following: ORDER:-

1. This writ petition is filed claiming the following relief: “...To issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus assailing endorsement, in R.No.A1/05/2024, dated 13.08.2024 issued by the Respondent No. 6 in give No Objection Certificate for giving new Power Service Connection to land in an extent of Ac. 2.31 Cents in Sy. No. 506/2, of Peddapanjani Village fields, Peddapanjani Mandal, Chittoor District assign to refusing / R.P.32/2007 commissioner/Director petitioner stating that same is subject matter of the Revision Petition before Settlement, Vijayawada, even though petitioner not a party to the same and there are no any restraint orders in the same and consequential action of the Respondent Nos. 3 to 5 in refusing to give Service Connection to the said land as arbitrary, illegal, abdication of the statutory duty cast on them apart from being rights violative guaranteed to petitioner under Articles 14, 19 and 300-A of Constitution of India consequently direct the Respondent Nos. 3 to 5 to sanction new Service Connection to the land in an extent of Ac. 2.31 Cents in Sy. No. 506/2 of Peddapanjani Village fields, Peddapanjani Mandal, Chittoor District without insisting for No Objection Certificates by setting aside the endorsement, dated 13.08.2024 issued by the Respondent No. 6 and pass such other order or orders... ” constitutional fundamental

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for Andhra Pradesh Southern Power Distribution Company Limited (APSPDCL).

3. Learned counsel for the petitioner submits that the petitioner herein is an absolute owner and possessor of an extent of land admeasuring Ac.2.31 Cents situated in Sy.No.506/2, of Peddapanjani Village fields, Peddapanjani Mandal, Chittoor District, having acquired the same by way of succession from his father, who was assigned the said land by way of DKT patta, vide D.K.T.No.17/4/140/4/139, dated 01.04.1992. Since then, the petitioner has been in possession and enjoyment of the subject landed property through his predecessors. The title and possession over this subject property were also evidenced from the Revenue Record issued by the Revenue Authorities / Respondent No.6 herein.

4. Learned counsel for the petitioner further submits that the petitioner made an a^pplication

09.10.2023 through the Spandana public grievance redressal platform seeking electricity service connection to the bore well situated at subject land for doing agricultural operations to eke out livelihood out of the agricultural proceeds out of the subject land. Even after receipt of the said application dated 09.10.2023, Respondent Nos.4 and 5 herein neither considered nor replied to the petitioner.

5. Learned counsel for the petitioner further submits that the petitioner also submitted a representation to the Respondent No.6 on 05.08.2024 for granting a No Objection Certificate (NOC) for getting an electricity service connection. Against which, Respondent No.6 issued an endorsement dated 13.08.2024 rejecting petitioner ground Revision Petition i.e. R.P.32/2007 is pending before the Commissioner / Director of Settlement, Vijayawada, Andhra Pradesh for adjudication respect of the subject property. Hence the writ petition.

6. On the other hand, the learned Standing Counsel for APSPDCL submitted the Memo circular issued by the Respondent Authorities / the Chairman and Managing Director, APSPDCL, Tirupati, dated 23.09.2016 and

01.10.2016, wherein it stated that the consumers shall submit an application seeking for any fresh electricity service connection, processed through Mee Seva centers of the Respondents. She further submits that pursuant to the Memo issued by the Respondent Authorities / the Chief General Manager / O&M, APSPDCL, Tirupati, vide Memo No.CGCM / O&M /GM /EE/ CommI/ F.Cir/ D.No.1540/20, dated 26.10.2021, the petitioner shall comply with the procedure required for getting a electricity service connectioh apart from making application through Mee Seva centers.

7. Having regard to the submissions made by learned counsel for the petitioner and learned Standing counsel for APSPDCL, this Court is of the considered view that the endorsement issued by Respondent No.6, dated

13.08.2024 rejecting the claim of the petitioner for granting NOC on the ground that a Revision is pending is contrary to the basic principles of administrative law, arbitrary and erroneous, for the reason that mere pending proceedings of quasi judicial proceedings are not restraining the public Authority to discharge his duties or statutory compliances in accordance with law. Admittedly neither there is any express order nor any oral instruction to do something or not. In the absence of the same, the issuance of such an endorsement is certainly against public duty casted upon the public Authority. Hence, the impugned Endorsement dated 13.08.2024 is hereby set-aside.

8. Accordingly, the writ petition is disposed of, directing the petitioner to submit an application seeking new electricity service connection in respect of bore well dugged in the subject land through Mee Seva centers pursuant to the Circular’s/Memo’s issued by the Chairman and Managing Director, APSPDCL, Tirupati, dated 23.09.2016 and 01.10.2016 along with all other required documents as per Circular/Memo issued by the Chief General Manager/O&M, APSPDCL, Tirupati, dated 26.10.2021, within a period of one week from the date of receipt of a copy of this order. Upon such submission of an application by the petitioner, Respondent Nos.4 to 5 shall process the same without insisting NOC and pass appropriate orders within a period of three weeks thereafter. There shall be no order as to costs.

9. Consequently, miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/- K TATA RAO deputy REGISTRAR 5 To SEC^nON OFFICER

1. The Principal Secretary, Energy Department, Secretariat Buildings Velagapudi, Guntur. ’

2. The Superintending of Engineer, (APSPDCL), Chittoor District. 3. The Executive Engineer, (APSPDCL), Palamaner, Chittoor District. 4. The Assistant Divisional Engineer, (APSPDCL), Palamaner, Chittoor District.

5. The Assistant Engineer, (APSPDCL), Peddapanjani Mandal, Chittoor District.

6. The Mandal Revenue Officer, Peddapanjani Mandal, Chittoor District 7. One CC to M/S S Parineeta, Advocate [OPUC] 8. TwoCCsto GP For Energy ,High Court OfAndhra Pradesh. [OUT] 9. One CC to M/S Jyothi Ratna Anumolu, SC for APSPDCL [OPUC]. Two CCs to GP For Revenue, High Court of Andhra Pradesh

10. [OUT].

11. Three CD Copies AL HIGH COURT TL DATE0:22/10/2024 ORDER WP.No.21899 of 2024 DISPOSING OF THE WP WITHOUT COSTS