Andhra Pradesh High Court – Amravati
Between vs The State Of Andhra Pradesh on 10 March, 2026
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
APHC010126272026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE TENTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION N
No.6614 OF 2026
Between:
M/s.Siva
Siva Sai Constructions, Kutagulla, Kadiri Rep. by its Managing
Partner, K.V.Sai Praneeth Reddy, S/o.K.V.Ramesh Reddy, Aged about
41 years, having its Office at Kutugaulla Village, Kutagulla, Kadiri
Mandal, Satya Sai District.
...Petitioner
AND
1. The State of Andhra Pradesh
Pradesh,, Rep by its Principal Secretary,
Energy Department, Secretariat Buildings, Velagapudi, Guntur
District-52238
52238.
2. The Andhra Pradesh South Power Distribution Corporation
Limited, Rep., by its Chairman and Managing Director, Office at
Tiruchunoor Road, Tirupati
Tirupati-517501.
3. The Superintending Engineer, APSPDCL
APSPDCL, Sri Satya Sai Circle,
Puttaparthy, Sri Satya Sai District
District-515134.
4. The Executive Engineer, APSPDCL
APSPDCL, Kadiri Division, Kadiri, Sri
Satya Sai District
District-515591.
...Respondents
Petition
tition 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
on part of the respondents in reconnecting the power supply of
Petitioner's HT Service Connection No.SSS1132 (ATP 1132) though the
disconnection order ATP
ATP-1183/PCB/ZO/KNL/2025 dated 08.01.2026 has
been suspended by this H Hon'ble
ble Court as arbitrary, illegal, colorable
exercise of power and contrary to the well established legal principles of
Electricity Act, 2003 and apart from being violative of the Fundamental
and Constitutional Rights guaranteed to me under Articles 14 14, 19, 21 and
300-AA of the Constitution of India and consequently direct the
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respondents to reconnect the Petitioner Service in Connection. No.
SSS1132 (ATP1132) at Sy.No.436, 436-B, 440, 440-7B, 447, 805-3, 805-
3B, 813, 813-B, 814, 814-B, Kutagulla Village, Kadiri Mandal, Sri Satya
Sai District, forthwith and pass such other order or orders as it deems fit
and necessary for the facts and circumstances of the case.
I.A. 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 Respondents to reconnect the petitioner's
Service Connection No.SSS1132 (ATP1132) at Sy.No.436, 436-B, 440,
440-7B, 447, 805-3, 805-3B, 813, 813-B, 814, 814-B, Kutagulla Village,
Kadiri Mandal, Sri Satya Sai District forthwith by considering the
representations dated 19.02.2026 and 04.03.2026, pending disposal of
the Writ Petition and pass such other order or orders as it deems fit and
necessary for the facts and circumstances of the case.
Counsel for the Petitioner : Mr.B.Abhay Siddhanth Mootha
Counsel for Respondent No.1: G.P. for Energy
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This Court made the following ORDER:
Heard learned counsel for the petitioner. Also heard Mr.Venkata
Rama Rao Kota, learned Standing Counsel for the Andhra Pradesh
Southern Power Distribution Company Limited (APSPDCL) representing
the respondent Nos.2 to 4. Both the learned counsel agreed for disposal
of the writ petition, at the stage of admission.
2. The writ petition is filed seeking the following relief:
" ... to issue an appropriate Writ, Order or direction more particularly
one in the nature of Writ of Mandamus, declaring the inaction on part of
the respondents in reconnecting the power supply of Petitioner's HT
Service Connection No.SSS1132 (ATP 1132) though the disconnection
order ATP-1183/PCB/ZO/KNL/2025 dated 08.01.2026 has been
suspended by this Hon'ble Court as arbitrary, illegal, colorable exercise
of power and contrary to the well established legal principles of
Electricity Act, 2003 and apart from being violative of the Fundamental
and Constitutional Rights guaranteed to me under Articles 14, 19, 21
and 300-A of the Constitution of India and consequently direct the
respondents to reconnect the Petitioner Service in Connection. No.
SSS1132 (ATP1132) at Sy.No.436, 436-B, 440, 440-7B, 447, 805-3,
805-3B, 813, 813-B, 814, 814-B, Kutagulla Village, Kadiri Mandal, Sri
Satya Sai District, forthwith ..."
3. The learned counsel for the petitioner made submissions with
reference to the averments made in the affidavit filed in support of the writ
petition and the orders passed by the Hon'ble Division Bench in Writ
Petition No.1849 of 2026, dated 22.1.2026. He submits that the power
supply to the petitioner-Stone Crushing Unit was disconnected, pursuant
to an order dated 08.1.2026 issued by the Joint Chief Environmental
Engineer, A.P. Pollution Control Board, Kurnool Zone, Kurnool. He
submits that the Hon'ble Division Bench was pleased to stay operation of
the said order, with a rider that the petitioner will not be permitted to
operate without valid Consent to Operate (CTO) and without making
compliance of the conditions of a valid CTO, if any. He submits that
subsequent to the said order passed by the Hon'ble Division Bench, the
A.P.P.C.B., Zonal Office, Kurnool, vide Consent Order dated 25.2.2026
granted consent to the petitioner to operate Stone Crushing Unit and the
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said order is valid for the period ending with 31.10.2026. He submits that
though the petitioner has brought to the notice of the concerned Authority
about the said order and the difficulty being faced by the petitioner in not
carrying out its operations and levy of Rs.5.00 lakhs towards monthly
minimum demand charges, the power supply is not restored. He submits
that under the said circumstances, the petitioner is constrained to
approach this Court.
4. On the other hand, Mr.Venkata Rama Rao Kota, learned Standing
Counsel submits that as per his instructions, the petitioner has not placed
a copy of the said Consent Order dated 25.2.2026 on record and if the
petitioner approaches the concerned authorities, necessary action would
be taken by them.
5. In reply, the learned counsel for the petitioner states that the
petitioner would address appropriate communication to the respondent
No.3 along with a copy of the Consent Order dated 25.2.2026 and on
receipt of the same, necessary action may be directed to be taken,
without any delay.
6. In the light of the submissions made, the writ petition is disposed of,
leaving it open to the petitioner to approach the respondent No.3 with
appropriate representation and on receipt of the same, the respondent
No.3 shall take necessary action forthwith. There shall be no order as to
costs. Miscellaneous petitions pending, if any, shall stand closed.
____________________
NINALA JAYASURYA,J
March 10, 2026
Note:
Dispatch order copy tomorrow.
(By Order)
vasu
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REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Energy
Department, Secretariat Buildings, Velagapudi, Guntur District. 52238
2. The Andhra Pradesh South Power Distribution Corporation Limited,
Rep., by its Chairman and Managing Director, Office at Tiruchunoor
Road, Tirupati. 517501
3. The Superintending Engineer, APSPDCL Sri Satya Sai Circle,
Puttaparthy, Sri Satya Sai District. 515134
4. The Executive Engineer, , APSPDCL Kadiri Division, Kadiri, Sri Satya
Sai District. 515591
5. One CC to SRI B.ABHAY SIDDHANTH MOOTHA Advocate [OPUC]
6. Two CCs to GP FOR ENERGY High Court of Andhra Pradesh [OUT]
7. Two CD Copies
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HIGH COURT
NJSJ
DATED:10/03/2026
ORDER
WP NO. 6614 OF 2026