Sunkara Krishna Murthy vs. The State Of Ap
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Order Issued After Hearing
Purpose:
Admission (A P S E B)
Before:
Hon'ble Ravi Cheemalapati
Listed On:
21 Sept 2023
Original Order Copy
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Order Text
(SHOW CAUSE NOTICE BEFORE ADMISSION) ✓ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) /
THURSDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE ~
:PRESENT:
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 24727 OF 2023 /
Between:
Sunkara Krishna Murthy, S/o Veerabrahmam, Hindu, a/a 62 years, Advocate by profession, R/o D.No.21-10-48/1, 2nd line, Srinagar colony, Vijayawada-520 011.
... Petitioner/s
AND
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- The State of Andhra Pradesh, Represented by it's Principal Secretary, Energy Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
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- The Andhra Pradesh South Power Distribution Complany Ltd, Represented by It's Chairman & Managing Director, Gollapudi, Vijayawada Rural mandal, NTR District.
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- The Superintending Engineer, APEPDCL, Governorpet, Vijayawada-520 002.
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- The Assistant Engineer, APEPDCL, Mutyalampadu Fuse Call Office, Eluru canal road, Satyanarayanpuram, Vijayawada-520 011.
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- Subramanyam Anantharaman, S/o K S Subramanyam, Rio Gomanthakam (House name), Opposite Navaratna Hotel, Near NH-44, Aluva, Yarnakulam District, Kerala State.
.. Respondent/s
WHEREAS the Petitioner above named through his Advocate M/s Prasannala Kancharla presented this 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 or more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent to disconnecting the power supply to the house of the petitioner vide Service connection Na. 6423477222554 without issuing any prior notice, it is contrary to Electricity Act, and also without following due course of Law, as illegal, arbitrary, unconstitutional and violation of Article 14, 19, 21 of the Constitution of India and violation of Principles of natural justice consequently direct the 4th respondent to restore the power supply to the petitioner's house and pass such other order/s as this Hon'ble court may deem fit and proper in the circumstances of the case;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of M/s Prasannala Kancharla, Advocate for the Petitioner, learned GP FOR ENERGY for respondent No.1 and Sri Metta Chandra Sekhar Rao, Standing Counsel for respondent Nos.2 to 4 directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
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- The Principal Secretary, Energy Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
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- The Chairman & Managing Director, Gollapudi, Andhra Pradesh South Power Distribution Complany Ltd. Vijayawada Rural mandal, NTR District.
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- The Superintending Engineer, APEPDCL, Governorpet, Vijayawada-520 002.
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- The Assistant Engineer, APEPDCL, Mutyalampadu Fuse Call Office, Eluru canal road, Satyanarayanpuram, Vijayawada-520 011.
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- Subramanyam Anantharaman, S/o K S Subramanyam, Ro Gomanthakam (House name), Opposite Navaratna Hotel, Near NH-44, Aluva, Yarnakulam District. Kerala State.
are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 29.09.2023, on which date the case stands posted for hearing.
The Court made the following ORDER:
"Notice before admission.
Learned Government Pleader for Energy Department, takes notice for R1.
Sri Metta Chandra Sekhar Rao, learned Standing Counsel for APEPDCL, takes notice for R2 to R4.
For instructions, post on 29.09.2023, in the 'motion list'."
Sd/- K. J. RAJA BABU ASSISTANT REGISTRAR
SECTION OFFICER
//TRUE COPY//
To.
- The Principal Secretary, Energy Department, State or Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
For $\iota$
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- The Chairman & Managing Director, Gollapudi, Andhra Pradesh South Power Distribution Complany Ltd, Vijayawada Rural mandal, NTR District.
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- The Superintending Engineer, APEPDCL, Governorpet, Vijayawada-520 002.
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- The Assistant Engineer, APEPDCL, Mutyalampadu Fuse Call Office, Eluru. canal road, Satyanarayanpuram, Vijayawada-520 011.
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- Subramanyam Anantharaman, S/o K S Subramanyam, Río Gomanthakam (House name), Opposite Navaratna Hotel, Near NH-44, Aluva, Yarnakulam District, Kerala State. (Addressee Nos. 1 to 5 by RPAD- along with a copy of petition and affidavit)
One CC to SRI. PRASANNALA KANCHARLA Advocate [OPUC] Two CCs to GP FOR ENERGY, High Court of Andhra Pradesh. [OUT] One CC to Sri Metta Chandra Sekhar Rao, Standing Counsel [OPUC]
$\overbrace{\phantom{a}}$
$\overline{ }$
$\mathsf{KJ}$
HIGH COURT
RCJ
DATED:21/09/2023
POST ON 29.09.2023, IN THE MOTION LIST
NOTICE BEFORE ADMISSION
WP.No.24727 of 2023