Power disconnection without notice violates natural justice: AP high court
Vijayawada: Andhra Pradesh high court, in a recent judgement, observed that removal of power connection without giving notice is not tenable in law and violates the principles of natural justice. The court observed that the procedure of issuing notice must be followed even in the case of an unauthorised occupant of premises while resorting to removal of electricity connection.One Paruchuri Srinivasa Rao moved the high court on behalf of Kakatiya Seva Trust at Singarakondapalem in Bapatla district. He contended that APCPDCL officials disconnected the electricity connection given to the trust premises without giving a valid reason. Arguing on behalf of the petitioner, Y Nagi Reddy told the court that the trust applied for a commercial LT-II electricity connection on Feb 17, 2025, and the service was released three days later. However, the supply was disconnected within five days, and the meter and equipment were removed on April 25, 2025, without giving any notice.
The counsel for the discom told the court that one Ramakrishna Paramahamsa, who claimed to be the chairman of the trust, wrote a letter and raised objections over the release of electricity connection. Upon physical verification, it was found that there was neither a building nor a borewell, and the said premises was vacant land. It was further argued that the petitioner secured the connection for personal use without proper consent from other trust members.Considering the arguments on both sides, Justice Ninala Jayasurya observed that the discom ought to have given notice to the petitioner as per the procedure contemplated. He noted that merely acting on a letter written by a third party, without verifying whether he was the chairman of the trust or not, removal of the power connection was illegal without issuing notice. Justice Jayasurya further observed that even if the discom believed the connection was obtained without proper documents, it was legally bound to issue notice before disconnecting the supply or removing the meter.Allowing the writ petition, the high court directed discom officials to restore the supply within seven days by installing a new meter if required. Justice Jayasurya further clarified that the discom is free to initiate any action in accordance with law regarding the same service connection after following due procedure.
The counsel for the discom told the court that one Ramakrishna Paramahamsa, who claimed to be the chairman of the trust, wrote a letter and raised objections over the release of electricity connection. Upon physical verification, it was found that there was neither a building nor a borewell, and the said premises was vacant land. It was further argued that the petitioner secured the connection for personal use without proper consent from other trust members.Considering the arguments on both sides, Justice Ninala Jayasurya observed that the discom ought to have given notice to the petitioner as per the procedure contemplated. He noted that merely acting on a letter written by a third party, without verifying whether he was the chairman of the trust or not, removal of the power connection was illegal without issuing notice. Justice Jayasurya further observed that even if the discom believed the connection was obtained without proper documents, it was legally bound to issue notice before disconnecting the supply or removing the meter.Allowing the writ petition, the high court directed discom officials to restore the supply within seven days by installing a new meter if required. Justice Jayasurya further clarified that the discom is free to initiate any action in accordance with law regarding the same service connection after following due procedure.
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