Andhra Pradesh High Court - Amravati
Bagi Sarojanamma vs The State Of Andhra Pradesh on 14 November, 2024
APHC010455082024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
THURSDAY ,THE FOURTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 23336/2024
Between:
Bagi Sarojanamma ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SIVAPRASAD REDDY VENATI
Counsel for the Respondent(S):
1. GP FOR ENERGY
The Court Made the Following Order:
This writ petition is filed under Article 226 of the Constitution
of India, seeking the following relief:
"...to issue WRIT OF MANDAMUS or any other
appropriate writ or writs order or direction the action of
the respondents in disconnecting the electricity service
connection bearing no 3311213052462 of the premises
bearing 25/1/527 Pragathi Nagar Podalakur Road Nellore
SPSR Nellore District and as illegal arbitrary and
unconstitutional and consequently direct the respondents
forthwith to restore the power supply to the service
connection bearing no 3311213052462 of the schedule
premises and be pleased to pass orders..."
2. Grievance of the petitioner is that the petitioner herein is the
possessor and enjoyment of the absolute possession and enjoyment of
the house property bearing No.25/1/527, admeasuring to an extent of
18.05 Ankanamas, situated in Pragathi Nagar, Podalakur Road, Nellore
District. The petitioner herein has been living in the said house since
long time and she also obtained electricity service connection of the
subject house bearing No.3311213052462 and she has been paying the
monthly electricity charges without any default. While so, the
respondent Nos.3 and 4 herein without issuing any notice and without
following due procedure as mandated, disconnected the electricity service
connection of the petitioner. Hence, the present Writ Petition.
3. Learned counsel for the petitioner submits that there is a civil
dispute pending between the petitioner as well as the respondent No.5
regarding title over the subject property. For which, the respondent No.5
herein filed a suit in O.S.No.440 of 1991 on the file of the Court of III
Additional Junior Civil Judge, Nellore and the said suit was decreed
infavour of the respondent No.5 and the same was challenged by the
petitioner by way of first appeal, which was dismissed against the
petitioner. Then she assailed the order by way of second appeal and the
same was also dismissed. In the meanwhile, the 5th respondent filed
E.P.No.108 of 2018 in O.S.No.440 of 1991 for execution of decree and for
recovery of possession. Pending E.P. proceedings, the respondent No.5
also filed E.A.No.77 of 2023 seeking arrest of the petitioner for not
handing over the possession of the subject property. Pursuant to the
said proceedings, respondent No.5 is also represented the respondent
Nos.2 to 4 herein seeking disconnection of the service supply connection
of the petitioner relying on the Judgment and Decree. Without verifying
the possession and without following procedure the respondents have
disconnected the power supply connection of the petitioner on the
ground that respondent No.5 was succeeded in all civil proceedings
stated supra. He further submits that as long as the petitioner herein is
in possession of subject property, and till the completion of recovery of
possession the subject property by the respondent No.5, the respondent
Nos.2 and 4 could not have been disconnected the subject electricity
service connection to the petitioner.
4. On the other hand, the learned Standing counsel appearing on
behalf of the respondent Nos.2 to 4 submits that respondent No.5
submitted an application on 08.02.2024 seeking for change of name in
respect of subject service connection. Basing upon the judgment and
decree which has been filed in all respects in favour of 5th respondent,
while granting the change of name in respect of subject property, the
respondents have disconnected the present service connection of the
petitioner.
5. Since the E.P. proceedings are pending and petitioner is in
possession of the subject property till completion of E.P. proceedings, the
petitioner is entitled for electricity service connection even though the
respondent No.5 was succeeded in civil proceedings.
6. Having regard to the submissions made by the learned counsel for
the petitioner and the learned Standing counsel for the respondents and
on perusal of the material placed on record, it appears that respondent
No.5 was declared as absolute owner of the subject property by the Court
below in suit proceedings as well as in appeal proceedings. Therefore,
the respondent No.5 is entitled for ownership over the subject property.
But E.P. is pending for execution of Decree i.e., for recovery of
possession, till then the petitioner is entitled for possession as well as all
other amenities which are attached to the subject property. It is further
observed that the electricity service connection is also one of the amenity
which was attached to the subject property unless and until the
petitioner was evicted from the subject premises by way of E.P.
proceedings the petitioner neither can be evicted nor can be denied from
and amenity attached to the subject property.
7. In view of the reasons stated above, the petitioner is entitled for
restoration of electricity service connection as long as she was in
possession of the subject property.
8. In the result, the Writ Petition is disposed of directing the
respondents to restore the subject electricity service connection with
immediate effect and petitioner shall pay all the electricity service
charges as demanded by the respondents. No costs.
Consequently, miscellaneous petitions pending, if any, shall stand
closed.
______________________________________
VENKATESWARLU NIMMAGADDA, J
Date: 14.11.2024
Note: Issue CC by 16.11.2024
B/o
ASR
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.23336 of 2024
Date: 14.11.2024
ASR
