IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 9999 of 2009 Between: Chowtupalli Satyanarayana, S/o.Ramanna R/o.Tyuajampudi, Devarapalli Mandal, West Godavari District. ..... PETITIONER AND 1 The Chairman, A.P.E.P.D.C.Ltd., Visakhapatnam. 2 The Divisional Engineer (Operation), A.P.E.P.D.C.Ltd., Nidadavole, West Godavari District. 3 The Assistant Divisional Engineer, Yaranaguda, Devaralappli Mandal, West Godavari Distict. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondents in insisting the petitioner to convert the single phase electricity connection availed to SC.No.527 of Tyuajampudi Village, Devarapalli Mandal, West Godavari District into three phase connection without issuing any notice or without furnishing any reasons as illegal, arbitrary in violation of principles of natural justice and contrary to the provisions of the A.P. Electricity Laws and in violation of Article 14 of the Constitution of India and consequently direct the respondents not to insist the petitioner to convert the SC.No.527 of Tyajampudi Village, Devarapalli Mandal, West Godavari District into three phase connection in the interest of Justice and to pass such other order or orders. Counsel for the Petitioner: MR.S.D.GOWD Counsel for the Respondent No.: MR.O.MANOHER REDDY The Court made the following : ORDER: This Writ Petition is filed by the petitioner, Chowtupalli Satyanarayana, to declare the action of the respondents in insisting him to convert the single-phase Electricity Connection bearing Service Connection No. 527 of Tyuajampudi Village, Devarapalli Mandal, West Godavari District, into three-phase connection without issuing any notice, as illegal, arbitrary and in violation of principles of natural justice. Heard both sides. The case of the petitioner is that he is a consumer of electricity under Category ‘V’ with Service Connection No. 527 to run 7.5 HP Motor with which he is cultivating the land of Ac.1.46 situated in R.S.No.247/2A of Tyuajampudi Village, Devarapalli Mandal, West Godavari District. He availed the Electricity Connection on 21.01.1995 for the aforesaid purpose. It is stated that the petitioner is paying electricity charges without any default. It is also stated that he can run the motor even on the single-phase energy. However, the respondents, without giving any notice and without following due process of law, are orally pressurizing him to convert the single-phase energy service connection into three-phase energy stating that there is no provision to run the motor on single-phase energy, and as such, the action of the respondents is illegal, arbitrary and in violation of principles of natural justice. Hence the present writ petition. I am of the opinion that if the petitioner is running 7.5 HP Motor with single-phase energy against the norms of the A.P. Electricity Laws, it is always open for the respondents to issue a show cause notice calling upon the petitioner to convert the single-phase connection into three-phase energy. However, without following due process of law, the respondents cannot take coercive steps against the petitioner for forcible conversion of single phase energy, bearing Service Connection No. 527 to run the 7.5 HP Motor into three-phase energy. Accordingly, the Writ Petition is disposed of directing the respondents not to take any coercive steps against the petitioner for forcible conversion of single phase energy, bearing Service Connection No. 527 to run the 7.5 HP Motor with which he is cultivating the land of Ac.1.46 situated in R.S. No. 247/2A of Tyuajampudi Village, Devarapalli Mandal, West Godavari District into three-phase energy without issuing any notice or without following the due process of law. ________________ V. ESWARAIAH, J 13th May, 2009 Js/Bvv.