sty
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH: AT AMARAVATE
(Special Original Jurisdiction)
WEDNESDAY, THE ELEVENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY THREE
'PRESENT: PARR
on
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 26667 OF 2023 a
Between:
Kasanneni Gopala Rao, S/o Seshagiri Rao, Aged 43 Years, Hindu, - Cultivation,
R/o. Adamilli Village, Kamavarapukota Mandal, Eluru District.
Petitioner
AND
1. The State of Andhra Pradesh, rep.by its Principal Secretary to Government,
Energy Department, Secretariat, Velagapudi, Amaravati, Guntur District,
2. The Transmission Corporation of A.P. Limited, Rep. by its Chairman and
Managing Director, Vidyut Saudha, Khairatabad, Hyderabad 500 082.
3. The Executive Director (General), Vidyut Saudha, Khairatabad, Hyderabad
500 082.
4. The Chief Engineer, Construction {400 KV), Vidyut Saudha, Khairatabad,
Hyderabad 500 082. .
5. The Superintending Engineer, 400 KV/OMC Construction Division, TRANSCO -
Nilayam, Gunadala, Vijayawada.
6. The Executive Engineer, 400 KV, Construction Division, TRANSCO Nilayam,
Gunadala, Vijayawada.
7. The Deputy Executive Engineer, Construction Division, TRANSCO Nilayam,
Gunadala, Vijayawada. _
8. The Assistant Executive Engineer, 400 KV, Construction, SD-Il, TRANSCO
Nilayam, Gunadala, Vijayawada.
Respondents
_ WHEREAS the Petitioner above named through his Advocate SRILSITA RAM CHAPARLA presented this Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in deciding to lay towers for High Tension Electric Line of 400 KV Twin Moose Double Circuit (starting from 400/220 Ky Sub-Station Vemagiri to 400/220 KY Sub-Station - Kamavarapukota) through the petitioner agricultural landed property of Ac. 4.20 % Cents covered by S.No.286 situated at Venkatakrishnapuram Revenue Village of Dwaraka Tirumala Mandal in Eluru District (Formerly West Godavari District) by taking diversion from original strait line alignment and also notice dt. 19.8.2023 issued by 7" respondent in that regard, as illegal, arbitrary and violative of the Electricity Act, 2003 principles of natural justice and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents not to erect said line in the petitioner landed property.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.Sita Ram Chaparia Advocate for the Petitioner, Government Pleader for Energy for Respondent No.1 and Sri.kK.Anup Koushik, Standing Counsel for Respondent Nos.2 to 8, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
4. The Principal Secretary to Government, Energy Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Chairman and Managing Director, Transmission Corporation of AP. Limited, Vidyut Saudha, Khairatabad, Hyderabad S00 082.
3. The Executive Director (General), Vidyut Saucdha, Khairatabad, Hyderabad 500 082.
4. The Chief Engineer, Construction (400 KV), Vidyut Saudha, Khairatabad, Hyderabad 500 082.
5. The Superintending Engineer, 400 KV/OMC Construction Division, TRANSCO Nilayam, Gunadala, Vijayawada.
6. The Executive Engineer, 400 KV, Construction Division, TRANSCO Nilayam, Gunadala, Vijayawada.
7. The Deputy Executive Engineer, Construction Division, TRANSCO Nilayam, Gunadala, Vijayawada.
8 The Assistant Executive Engineer, 400 KV, Construction, SD-Il, TRANSCO Nilayam, Gunadala, Vijayawada 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 48.10.2023 on which date the case stands posted for hearing.
iA NO: 1 OF 2023 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to farm any High Tension Electrical line of 400KV line through my landed property of Ac. 4.20 % Cents covered by S.No.286 situated at Venkatakrishnapuram Revenue Village of Dwaraka Tirumala Mandal in Eluru District (Formerly West Godavari District) by suspending the operation of notice dt.19.8.2023 issued by the 7th respondent, pending disposal of the Writ Petition No.26667 of 2023, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Learned Government Pleader for Energy, takes notice on behalf of Respondent No.1, Sri K.Anup Koushik, learned Standing Counsel for Gram Panchayat, takes notice on behalf of respondent Nos.2 to 8.
Heard Sri Sitaram Chaparla, learned counsel appearing for petitioner. In elaboration to what has been stated in the affidavit contended that the respondent Corporation has Proposed to construct 400 KV electrical sub-station at Kamavarapukota Village, Dwaraka Tirumala Mandal to connect the same with another sub-station located at Vemagiri Vemagiri Village of Kadiyam Mandal. Accordingly a survey and planning has been done and thereby proposed to connect the said lines passing through the petitioner's village and accordingly the work was taken up for erecting sub-station and simultaneously started laying connecting line according to the alignment prepared by the respondents by giving marking for all the towers. At that juncture, one of the villager filed writ petition .
vide W.P.No.8214 of 2017 wherein this Court granted interim order and the said writ petition is pending adjudication. From 2017 to till date, the authorities have not taken steps in that regard. Now to overcome the said order, they are diverting the original straight line/ alignment and by spending huge expenditure, they diverted from the original plan/alignment for which two extra towers have to be laid and now by virtue of change of alignment, the petitioner's rights are being affected. Apart from the petitioner's rights, it incurs heavy expenditure by changing alignment from the original alignment for which public money will be effected. The authorities, without adhering to the Rules, high handedly trying to erect the towers in the petitioner's land, as such filed the present writ petition.
On the other hand Sri K.Anup Kowshik, learned standing counsel submitted that no doubt this Court granted interim order in W.P.No.8214 of 2017, as the public interest is being affected and as the authorities are unable to lay the lines, --
now they changed the alignment for which the petitioner cannot oppose for erecting said towers in their fand. They can at least claim damages and compensation towards their land by virtue of the Act. Further they cannot oppose the same by virtue of the judgment of the Hon'ble Apex Court in Power Grid Corporation. However a detailed counter is required to be filed and sought one week time.
te Sd/-B. PRASADA RAG ASSISTANT REGISTRAR i ¥ SPP gE LAS HTRUE copyy ee ase For SECTION OFFIGER _
1. The Principal Secretary to Government, Energy Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District,
4. The Chief Engineer, Construction (400 KV), Vidyut Saudha, Khairatabad, Hyderabad 500 82.
5. The Superintending Engineer, 400 KV/OMC Construction Division, TRANSCO Nilayarn, Gunadala, Vijayawada.
6. The Executive hgineer, 400 KV, Construction Division, TRANSCO Nilayam, Nilayam, Gunadala, Vilayawada. (1 to 8 by RPAD along with a Copy of petition and affidavit) :
8. One CC to SRLSITA RAM CHAPARLA Advocate [OPUC]
10.Two CCs to GP FOR ENERGY, High Court Of Andhra Pradesh. [OUT]
11.One CC to Sri.k. Anup Koushik, Standing Counsel (OPUC) HIGH COURT RGJ DATED: 11/10/2023 NOTE: POST THE MATTER ON 18.10.2023 ALONG WITH W.P.NO.8214 OF 2017 NOTICE BEFORE ADMISSION WP.No.26667 of 2023 DIRECTION