IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15617 of 2004 Between: Adi Andhra Fisherman Co-operative Society, Chataparru, a registered Co-operative Society, bearing No. 462, rep. by its President Chemallamudi Apparao, having its office at Chataparru village, Eluru Mandal, West Godavari District. ..... PETITIONER AND The Addl. Asst. Engineer, Operation D4, Eluru, West Godavari District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in passing the proceedings bearing Lr.No. A.A.E/O/D4/Elr/F.FISHTANKS/D.No. 248/04 dt. 24-8-2004 and Lr.No. A.A.E/O/D4/Elr/F.FISHTANKS/D.No. 249/04, Dt. 24-8-2004 as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India. Counsel for the Petitioner :MR.C.S.N.RAJU Counsel for the Respondent : MRS.M.VINOBHA DEVI (SC FOR APTRANSCO) The Court at the stage of admission made the following : THE HON’BLE MS. JUSTICE G.ROHINI WRIT PETITION NO.15617 OF 2004 ORDER: Heard the learned Counsel for the petitioner and Smt.M.Vinobha Devi, learned Standing Counsel appearing for the respondent. The petitioner is a Adi Andhra Fishermen Co-operative Society. The members of the petitioner society obtained electricity service connection Nos.585 and 586, G.V.Lanka at Gudivakalanka, near Chataparru, Eluru of West Godavari District in the year 1997 for the purpose of carrying on the activities of the Society. It is stated that the petitioner society 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 24.08.2004 issued by the respondent herein has been served on the petitioner Society in which it is stated that as per the Gazette notification No.422 dated 11.11.1999 published by the Government of Andhra Pradesh, the proceedings of the District Forest Officer in R.C.No.339/02 WLM dated 01.08.2003 and 28.05.2004 as well as proceedings of the DEE/O/ELECTRICAL/AE.T/F/D No.1696 dated 12.08.2004, the service connection of the petitioner is situated in +5 contour of Kolleru Lake, and therefore, unless it is established within seven days from the date of receipt of the said notice that its service connection is not located within the area of +5 contour of Kolleru Lake, the power supply to its service connection will be disconnected, and the meter will also be removed. The said proceedings dated 24.08.2004 are under challenge. The petitioner denies all the allegations made in the impugned notice dated 24.08.2004 and states that the unilateral decision of the respondent under the impugned notice to disconnect the power supply to the service connection of the petitioner without affording any opportunity to rebut the allegations made therein is arbitrary and illegal, apart from being without jurisdiction. It is also stated that the impugned proceedings refers to several orders of the Government of Andhra Pradesh, District Forest Officer, as well as the Deputy Executive Engineer, Eluru, but none of the said orders is served on the petitioner, and that in the absence of the said proceedings, it cannot effectively explain the allegations in the impugned notice. Having heard the learned Counsel for the petitioner and on a perusal of the material on record, I am of the view that the action proposed under the impugned notice cannot be taken without making available to the petitioner society the copies of the proceedings on the basis of which the impugned notice has been issued. Accordingly, I deem it appropriate to dispose of the writ petition with a direction to the respondent to furnish copies of the proceedings of the Order of the Government of Andhra Pradesh in Gazette No.422, dated 11-11-1999, proceedings of the District Forest Officer in R.C.No.339/2002, dated 01-08-2003 and 28-05-2004 as well as the proceedings of the Deputy Executive Engineer (Operation), Eluru, dated 12-08-2004 within two weeks from today. On receipt of such proceedings, it is open to the petitioner to submit its explanation to the respondent – The Additional Assistant Engineer (operation), D-4, Eluru, W.G. District treating the impugned notice as show- cause notice within two weeks 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. Till such orders are passed, there shall not be any disconnection of power supply to the service connection Nos.585 and 586 of G.V. Lanka at Gudivakalanka, near Chataparru, Eluru of West Godavari District. The Writ Petition is accordingly disposed of. No costs. __________________ 31st August, 2004. gbs/sj To 1.The Addl. Asst. Engineer, Operation D4, Eluru, West Godavari District. 2. 2CD copies