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lN THE HIGH COURT OF ANDHRA PRADESH: AT AMARAVATl

(Special Origina`! Jurisdiction)

TUESDAY ,THE SECOND DAY OF MAY

TWO THOUSAND AND TWENTY THREE

:PRESENT:

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 10612 OF 2023

Between:

.-i.

• 1. M Madhavana Rao, S/o M. Ganenna, Aged about 62 years, R/o. OrvakaI Village and Mandal, Kurnool District.
• 2. M. Bharathi, W/o M. Venkata Rarnana, Aged about 51 years, R/o. Hussainapuram Village, Orvakal Mandal, Kurnool District.
• 3. Molia Jahir Pasha, S/o M. Hameed Pasha, Aged about 35 years, R/ o. Kamala Nagar, KurnooI, KurnooI District.
• 4. M. Lakshmana Rao, S/o M. Galenna, Aged about 62 years, Hussainapuram Village, OrvakaI Mandal, KIJrnOOI District.
• 5. B. Venkata Krishna Reddy, S/o B. Sunki Reddy, Aged about 58 years, H.No. 43-265-C2, N.R.Peta, Mico lene, Kurnool, Kurnool.
• 6. S. Sarweswara Reddy, S/o S. Pulla Reddy, Aged About 50 years, H.No. 87- 331, Flat no. 501, Kisan nagar, Sai Vasanth Nivas, Kurnoo'.
• 7. C. Sahir, S/o C. NazeerAhamed, Aged about 34 years,H.No. 4-137, Maseedu Street, Hussainapuram Village, Orvakal Mandal, Kurnool District
• 8. C.Boyinapalli Pedda Maddaih, S/o, B, Maddileti, Aged about. 77 years, H.no. 5-111, Boyageri, Hussenapuram Village, Orvakal MandaI, Kurnool District.
• 9. D. Umamaheswari, W/o Dasari Satish Aged 39 years, H,No. 87-108, Sree Lakshmi Nagar Near Kesava Reddy School, Kallur mandal Kurnool district

• 10.A. Mallaiah, S/o, A. Yella Reddy, Aged about 49 years, H.no. 4-132l Santageri Street, Husainapuram Village, OrvakaI Mandal, KurnooI District.

• ll.Pasam Srinivasulu, S/o, Pasam Venkata Reddy, Aged about 47 years, H.No.4-147, Anjaneya Swamy Street, Husainapuram Village, Orvakal Mandal, Kurnool District.

• 12.Desavath Anjani Bai, W/o, D. Anajaneya Nayak, Aged about 57 years, H.no.5-139, Boyageri, Husainapuram Village, Orvakal MandaI, Kurnool District.

• 13.Dasari Venkateswarlu, S/o D. Venkataswamy, Aged about 56 years, Husainapuram Village, Orvakal Mandal, Kurnool District.

• 14.Mansoor, S/o Abdul Rahiman, Aged about 37 years, Kalva Village, OrvakaI Mandal, Kurnool District.

• 15.Kalugotala Ramanayya, S/o, Krishnudu, Aged about 52 years, H.no.1-74, Husainapuram Village,Orvakal Mandal, Kurnool District.

• 16.Sankali Mahesh, S/o, S. Krishnudu, Aged about 44 years, H.no.2-36, Husainapuram Village, Orvakal Mandal, KurnooI District.

• 17.A. ThippaReddy, S/o, A. Yellareddy, Aged about 57 years, H.No.4-131, Santageri Street, Husainapuram village, Orvakal MandaI, Kurnool District.

• 18.B. Naga Venamnla, W/o, B. Ramudu, Aged about 37 years, H.No.5-111, Boya Street, HusalnaPuram Village, Orvakal MandaI, KurnooI District.

• 19.P. Mahesh, S/o, P, RamaKrishna, Aged about 31 years, H.No. 2-218, Husainapuram village, orvakal Mandal, Kurnool District.

• 20.V. Venganna, S/o, V. Subbanna, Aged about 66 years, H.no. 2-47/2, Husainapuram village, OrvakaI MandaI, Kurnool District.

• 21.K. Sunkanna, S/o, K. Naganna, Aged about 56 years, H.no.1-59, Thippayapalli Village, OrvakaI Mandal, Kurnool District.

• 22.T. K. Linganna, s/o pedda yellal'ah, Aged about 59 years, H.No.1-189, Husainapuram village, Orvakal Mandal, KurnooI District.

• 23.V. Kasim Saheeb, S/o, V. Modhin Saheb, Aged about 61 years, Husal'napuram village, orvakal Mandal,Kurnool District.

• 24.G. Madhusudan, s/o, G. Thimmaiah, Aged about 47 years, H.no.4-82, Main road, Husainapuram village, orvakal Mandal, Kurnool District.

Petitioners

AND

• 1. The State ofAndhra Pradesh, Rep. By its Special Chief Secretary, Energy Department, Secretariat, Velagapudi, Amaravathi, Guntur DI'StriCt.
• 2. The District Collector, Kurnool, Kurnool DI'StriCt.
• 3. The Tahsildar, Orvakal Mandal, Kurnool distrl'ct.
• 4. The Transmission Corporation ofAndhra Pradesh Limited, Rep. By the Chairman and Managl'ng Director, Vidyut Soudha, Gunadala, Eluru Road, Vijayawada, NTR District.
• 5. The Superintend,'ng Engineer, Construction circle, APTRANSCO, Kurnool, `'6. The Deputy Executive Engineer, TLC Sub-DI'ViSiOn-1 APTRANSCO, Kurnool, KurnooI Djstrjct.
• KurnooI District.
• 7. The Superintending Engineer (Operations), APSPSDCL, Kurnool

Respondents

petition under Article 226/of the Constitution of lndl'a praying that in the circumstances stated in the affidavit filed therewjth, the High Court may be pleased to issue any writ, order or dl'rection more particularly one in the nature of writ of Mandamus declaring the action of the respondents 2 to 7 in erecting the 450KV DC electrical line from pinapuram water current to sakumal solar project through the petitioners agriculture I.ands (details given in annexure) without followl'ng due process of law and without pay,ng compensation as illegal, arbitrary and violation of Article 14 and 300-A of Constitution of India and in violation of The Indian Telegraph Act,1885 and consequently direct the respondents not to interfere with the petitioner's agricul.ture lands (details given in annexrue-1) situated in Kalva village and HussalnaPuram Village, Orvakal Mandall Kurnool District.

The petition coml'ng on for hearing, upon perusing the criminal petition and the memorandum of grounds filed in support thereof and the earlier order of the HI'gh Court dated 26.04.2023 and upon hearing the arguments of sri.Kanakala Devi Prasannakumar Advocate for the petitioners, learned Government pleader for Energy for Respondent No.1, learned Government pleader for Revenue for Respondent Nos.3 & 3, Sri.Anup Koushik Karavadi, learned Standing Counsel for Respondent Nos.4 to 6 and of Sri.V.R.Reddy Kovvuri, learned Standing Counsel for Respondent No.7, the Court made the following

ORDER:

"Today when the matter is taken up for consideration, learned standing counsel for APSPDCL and learned standing counsel for APTRANSCO collectively submitted that they are no way concerned with the erection of poles in the petitioners' land, one M/s Greenko Private Limited is being erecting the poles in the land of the petitioners and respondent Nos.4 to 7 have no role in this regard.

On perusal of record, the material shows that the petitioners have made a representation to respondent No.2-District Collector on 07.03.2023. An acknowledgement was also received to that effect, which is placed on record by learned counsel for the petitioners.

Taking the submissions of both the learned counsel into consideration, as a temporary measure, this Court is inclined to pass the following direction:

Respondent No.2-District Collector, Kurnool District is hereby directed to look into the objections raised by the petitioners in their representation dated 07.03.2023 by giving an opportunity of personal hearing to them and pass appropriate orders and communicate the same to the petitioners.

Till such exercise is done by respondent No.2, erecting of 450 KV DC electric line from Pinapuram Water current to Sakumal Solar Project is stalled. The petitioners are at liberty to implead M/s.Greenko Private Limited as party respondent.

For counters, if any, post on 22.06.2023."

//TRUE COPY//

Sd/-S. SRINIVASA PRASAD ASSISTANT REGISTRAR For $\sqrt{ }$ SECTION OFFICER

To,

• 1. The Special Chief Secretary, Energy Department, State ofAndhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 2. The District Collector, Kurnooll KurnooI District.
• 3. The Tahsildar, OrvakaI Mandal, Kurnool district.
• 4. The ChaI'rman and Managing Director, Transml'ssion Corporation ofAndhra Pradesh Limited, Vidyut Soudha, Gunadala, EIuru Road, Vijayawada, NTR District.
• 5. The Superintending Engineer, Construction Circle, APTRANSCO, Kurnool, Kurnool District.
• 6. The Deputy Executive Engineer, TLC Sub-Division-1 APTRANSCO, Kurnool, Kurnool District.
• 7. The Superintending Engineer (Operations), APSPSDCL, KurnooI (by RPADalong wl'th a copy of petition and memorandum of grounds)
• 8. One CC to SRI.KANARALA DEVI PRASANNAKUMAR Advocate [OPUC]
• 9. Two cos to GP FOR ENERGY, High Court OfAndhra Pradesh. [OUT]
• 10.Two cos to GP for Revenue, Hl'gh Court OfAndhra Pradesh. [OUT]
• ll. One CC to Sri.V.R.Reddy Kowuri, Standing Counsel (OPUC)
• 12. One CC to Sri.Anup Koushik Karavadi, Standing Counsel (OPUC)

13. One spare copy

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HIGH COURT

RCJ

DATED:02.05.2023

NOTE: POST ON 22.06.2023

WP.No.10612 of 2023

INTERIM DIRECTION

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