High Court Directs Immediate Reconnection After Finding DISCOM's Meter Removal and Disconnection Were Arbitrary

A single‑judge bench of Justice Ninala Jayasurya heard a writ petition challenging the action of the distribution company (APCPDCL) in disconnecting and removing an electricity meter issued to a charitable trust and sought restoration of power and the meter. The petition contested the disconnection as illegal, arbitrary and violative of principles of natural justice.

The Court allowed the writ petition and directed respondent authorities to reconnect power and install a new meter within seven days, observing that disconnection and removal of equipment without notice could not be sustained. The Court emphasised that when supply had been released in favour of a consumer, any subsequent action affecting that supply required due process and notice because it would “seriously affect the rights of the parties under Article 19 and 21 of the Constitution of India.” The Court, in its reasoning, observed: “It is settled legal position that the action of the authorities concerned shall be governed by Rule of Law and arbitrary and high handed actions cannot be countenanced. If the concerned authorities are given to understand that the power supply was obtained without supporting documents, by suppression of facts or in any manner not approved by Law, it is the bounden duty of the concerned officers to initiate action by following due process of Law, i.e., by issuing appropriate notices. Any action on the part of the authorities concerned, without adhering to the principles of Law or in violation of principles of natural justice, cannot withstand the judicial scrutiny and liable to be declared as illegal.” The Court further held that the present facts showed the DISCOM had acted on a third party letter without ascertaining its correctness, and that “their acts and actions are illegal, arbitrary, violative of principles of natural justice and unsustainable.”

Background The dispute arose after M/s Kakatiya Seva Trust applied on 17.02.2025 for an LT-II commercial electricity connection for land allotted to the Trust. The DISCOM sanctioned the connection and a meter was provided on 20.02.2025. Within days, and following a letter from one Mr. Ramakrishna Paramahamsa who claimed to be Chairman of the Trust, the supply was disconnected and the meter and equipment were subsequently removed. The petitioners contended that no notice preceded the disconnection, that the connection had been granted in the name of Kakatiya Seva Trust (reflected in the online bill), and that the Gram Panchayat had issued a No Objection Certificate; they sought immediate restoration.

Respondents contended that the site was vacant, material documents were not in order, and that the connection had been obtained without proper supporting documents; they said the Panchayat’s NOC was issued mistakenly and that the disconnection followed complaints. The Court noted conflicting dates and averments in the counter‑affidavit but found no dispute that the connection had been granted in the Trust’s name and that the DISCOM acted on the letter from the third party without issuing notice to the Trust. The Court relied on established precedent emphasising that electricity is an essential amenity and authorities must examine occupation rather than insist on third‑party NOCs, referring to a Delhi High Court direction and the Supreme Court principle that a person in occupation cannot be deprived of electricity without cogent lawful reason. The High Court directed reconnection within seven days, with installation of a new meter if required and payment of applicable C.C. charges, while clarifying that the order would not preclude the DISCOM from initiating lawful proceedings thereafter.

Case Details: Case No.: W.P. No: 13415 of 2025 Case Title: M/s. Kakatiya Seva Trust & Anr. v. The State of Andhra Pradesh & Ors. Appearances: For the Petitioner(s): Mr. Srinivasa Rao G For the Respondent(s): GP for Energy; Mr. V.V. Satish (Standing Counsel for APEPDCL); Mattegunta Sudhir (Standing Counsel for Z.P.Ps, M.P.Ps, Gram Panchayats)