IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 18795 of 2004 Between: Ch.Narayanamurthy, Raju, S/o.Ch.V.P.Murthy Raju, Bynepalli, Nidmarru W.G.Dist. ..... PETITIONER AND Additional Assistant Engineer (Operation), A.P.Eastern Power Supply Distribution Co.Ltd., Nidamarru, W.G.Dist. .....RESPONDENT 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 order or direction more in the nature of writ of Mandamus directing the respondent to restore the service connection of power supply of the petitioner by declaring that the action of the respondent vide his order Lr.No.AAE/O/NDMR/ F dt. 19-8-2004 and disconnecting the power supply of the petitioner is highly arbitrary, illegal violative of principles of natural justice, discriminatory violative of Art, 14, 21 and 300-A of the constitution of India. Counsel for the Petitioner: MR.C.RAMACHANDRA RAJU Counsel for the Respondent: SMT.M.VINOBHA DEVI The Court at the admission stage made the following: ORDER: Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent. Petitioner states that he obtained service connections of power supply bearing Service Connection No.85 for the purpose of agricultural operations at Bynepalli, Nidamarru Mandal, West Godavari. He states that he has been regularly paying the energy consumption charges and there is absolutely no default at any point of time. While so, the impugned proceedings dated 19.08.2004 issued by the respondent has been served on the petitioner, in which it is stated that as per the proceedings of the District Collector, West Godavari in R.C.No.D6/11717/96, dated 08.08.1999, the land of the petitioner form part of Contour +5’ MSL as per the map of the Principal Chief Conservator of Forests, Andhra Pradesh and that it also falls within the bird Sanctuary of Kolleru and therefore, the electrical service connections of the petitioner will be disconnected after one week from the date of the said notice. The petitioner denies all the allegations made in the said notice and states that the land in question is his own land. It is also contended that the unilateral decision of the respondent under the impugned notice to disconnect the power supply to the services connections of the petitioner without affording any opportunity to rebut the allegations made therein, is arbitrary and illegal apart from the being without jurisdiction. A reading of the impugned notice shows that the petitioner was not issued any prior notice to rebut the allegations that the land in question forms part of Bird Sanctuary of Kolleru. It is also the specific plea of the petitioner that the proceedings of the District Collector, West Godavari District, dated 08.08.1999 were not served on him and in the absence of the same, he cannot effectively explain the allegations in the impugned notice. In the circumstances, I am of the view that it would be appropriate to afford an opportunity to the petitioner to meet the allegations made in the impugned notice. Accordingly, the writ petition is disposed of setting aside the impugned notice with a direction to the respondent to furnish a copy of the proceedings of the District Collector, West Godavari District, Eluru in R.C.No.D6/11717/96, dated 08.08.1999, within one week from today. On receipt of the said proceedings, it is open to the petitioner to submit his explanation to the respondent treating the impugned notice as show-cause notice within one week thereafter. If such explanation is received within the time specified above, the respondent shall consider the same and pass appropriate orders in accordance with law. There shall be a further direction to the respondent to restore the power supply to the petitioner’s Service Connection No.85 of Bynepalli village, Nidamarru Mandal, West Godavari District forthwith. ________________ 13.10.2004 VGB To 1 The Additional Assistant Engineer (Operation), A.P.Eastern Power Supply Distribution Co.Ltd., Nidamarru, W.G.Dist. 2 2CD copies