IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16964 of 2009 Between: M/s. Vodafone Essar South Limited, 6th Floor, Varun Towers II, Begumpet, Hyderabad - 500 016, represented by its authorised signatory A.Siva Prakash Rao ..... PETITIONER AND 1 The Eastern Power Distribution Company of A.P. Limited, Rajahmundry, represented by its Divisional Electrical Engineer, East Godavari District. 2 Municipal Corporation of Rajahmundry, represented by its Commissioner, Rajahmundry, East Godavari District. .....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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in disconnecting the power supply to Service No.020202094896 without following due process of law and without giving prior notice, as arbitrary, illegal and in violation of well settled principles of natural justice. Counsel for the Petitioner: MR.RAMA RAO GHANTA Counsel for the Respondent No.: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : ... THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16964 of 2009 ORDER: The order of the 1st respondent dated 24.07.2009, whereby the petitioner was requested to submit appropriate order from the municipal authorities for not disconnecting the power supply, is questioned in this writ petition. According to the petitioner, the authorities have power to disconnect the power supply on the ground of not possessing any licence, but the said disconnection shall not be without following the term 17.2 of the general terms and conditions issued by the respondent corporation. According to the term 17.2 of the said terms and conditions, when once the authorities are of the view that the consumer requires licence or permission and if the same is not obtained, then after putting the petitioner on notice and asking him to explain as to why the said power connection shall not be disconnected and after considering the said explanation only, any order can be passed. From a perusal of the impugned order dated 24.07.2009, it is clear that the said condition put forth by the respondent corporation that the petitioner company shall submit an appropriate order from the municipal authorities for not disconnecting the power supply is unexpected and is not provided for under the terms. Hence, this Court has no hesitation to hold that the said impugned order is illegal and is accordingly set aside. In the result, the writ petition is disposed of with a direction to the respondent authority to provide power supply to the Service Connection bearing No.020202094896 of the petitioner forthwith. However, it is made clear that this order will not preclude the respondent authority from following due process of law in getting the power connection of the petitioner disconnected. No order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 17-08-2009 Gsn.