T. Venkatshwar Rao v. State Of A.P.

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.6207 of 2018 ORDER:

In this Writ Petition, petitioners assert that a third party has applied for electricity service connection in the name of the first petitioner with respect to the vacant site by misusing the Aadhaar Card and other details of the first petitioner, who is the father of the second and third petitioners. They further assert that the first petitioner never submitted the alleged application, which is appended to the Writ Petition. They also assert that they submitted a representation to the respondent authorities on 29.11.2017 with a request to enquire and disconnect the power supply alleged to have been given with respect to the site in question without there being any application from them. Their grievance is that the respondent authorities are not taking action thereon.

Learned Standing Counsel for APSPDCL appearing for respondents 2 to 4 submits that as the alleged application was submitted online, the same was processed basing on the document submitted therefor. She also submits that as the petitioners are asserting before this Court that the first petitioner

CKR, J W.P.No.6207 of 2018 never submitted such application, the respondent authorities would verify the same and take action pursuant to the petitioners' representation, dated 29.11.2017.

Having considered the above, it is to be noted that though the respondent authorities are duty bound to supply electricity to a consumer on request, it does not mean that they need to supply electricity to a particular premises without there being an application from an individual. In the case on hand, as it is the specific assertion of the petitioners that they had not submitted the alleged application for supply of electricity, the respondent authorities are duty bound to verify the said aspect. If the petitioners do not want electricity to be supplied by the respondent authorities, they have an option not to use the same and the respondents cannot compel the petitioners to avail such supply.

In those circumstances, the Writ Petition is disposed of, with the direction to the respondents to cause enquiry into the matter and take appropriate action within 15 days from the date of receipt of a copy of this order.

CKR, J W.P.No.6207 of 2018 Miscellaneous Petitions, if any pending shall stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J 28th FEBRUARY, 2018.

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