The Andhra Pradesh High Court has reaffirmed that electricity distribution companies cannot disconnect power supply arbitrarily, even in cases involving disputed property occupation. The Court directed strict adherence to statutory procedures under the Electricity Act, 2003, including issuance of notice and opportunity of hearing, before any disconnection can be effected. This judgment reinforces the principle that statutory authorities must follow due process, protecting consumers' rights under Articles 14 and 21 of the Constitution.
Background & Facts
The Dispute
The petitioner, a resident of Balabhadrapuram Village, Biccavole Mandal, Prakasam District, approached the High Court under Article 226 seeking a Writ of Mandamus. The petitioner alleged that respondents 4 and 5 were threatening to disconnect electricity supply to his house (Service Connection No. 144121031001950, measuring 1451/4 sq yards, Door No. 822, R.S No. 2611) without following due process of law. The petitioner contended that such action would violate his fundamental rights under Articles 14 and 21 of the Constitution.
Key Facts
- The petitioner occupies a house with electricity connection bearing Service Connection No. 144121031001950
- The property measures 1451/4 sq yards and is situated at Door No. 822, R.S No. 2611, Balabhadrapuram Village, Biccavole Mandal, Prakasam District
- The respondents threatened disconnection without following statutory procedure
- The petitioner sought protection against arbitrary disconnection
Procedural History
- Filing Date: Writ Petition No. 15728 of 2026 filed under Article 226 of the Constitution
- Hearing Date: 17.06.2026 (date of judgment)
- Relief Sought: Writ of Mandamus to declare the respondents' action illegal and direct them not to disconnect power supply without due process
The Parties' Positions
Petitioner's Position
- Argued that disconnection without following due process violates Articles 14 and 21 of the Constitution
- Sought interim protection against disconnection during pendency of the writ petition
Respondents' Position
- Cited Clause 5.2.3 of the Power Distribution Company of A.P. Ltd. General Terms and Conditions of Supply, issued in Proceedings No. Secy/01/2006 dated 06.01.2006
- Contended that an occupant who is not the owner must submit an Indemnity Bond from the owner or pay three times the normal security deposit
- Submitted that as statutory authorities under the Electricity Act, 2003, they would follow prescribed procedure before taking any adverse action
Relief Sought
The petitioner sought:
- A declaration that the respondents' action in threatening disconnection is illegal, irrational, and violative of Articles 14 and 21
- A direction to the respondents not to disconnect power supply without following due process of law
The Legal Issue
The central question was whether electricity distribution companies can disconnect power supply without following the statutory procedure prescribed under the Electricity Act, 2003, including issuance of notice and affording an opportunity of hearing, particularly when the disconnection affects fundamental rights under Articles 14 and 21 of the Constitution.
Arguments Presented
For the Petitioner
- Contended that arbitrary disconnection without notice or hearing violates Articles 14 and 21 of the Constitution
- Argued that the respondents must follow due process before taking any adverse action
For the Respondent
- Relied on Clause 5.2.3 of the General Terms and Conditions of Supply, which requires occupants who are not owners to submit an Indemnity Bond or pay enhanced security deposit
- Submitted that as statutory authorities, they would adhere to the procedure under the Electricity Act, 2003 before disconnecting power supply
- Assured the Court that no adverse action would be taken without following due process
The Court's Analysis
The Court noted the submissions of the learned Assistant Government Pleader for Energy, who assured that the respondents would follow the procedure prescribed under the Electricity Act, 2003 and applicable rules before taking any action affecting the petitioner's service connection. The Court emphasized the importance of due process, particularly in matters affecting fundamental rights.
"The respondents, being statutory authorities under the Electricity Act, 2003 and the rules and regulations framed thereunder, shall not take any adverse action against the petitioner except in accordance with law and, if disconnection of power supply becomes necessary, the respondents shall follow the prescribed statutory procedure, including issuance of notice and affording an opportunity of hearing, if required."
The Court refrained from expressing any opinion on the merits of the rival claims but recorded the respondents' submission that they would adhere to statutory procedures.
The Verdict
The Court disposed of the writ petition with the following directions:
- The respondents shall adhere to the procedure prescribed under the Electricity Act, 2003 and applicable rules before taking any action affecting the petitioner's service connection
- Any disconnection of power supply, if warranted, shall be effected only in accordance with law and after following the prescribed procedure, including issuance of notice and opportunity of hearing
- No costs were awarded
- Miscellaneous petitions, if any, were closed
What This Means For Similar Cases
Due Process Is Non-Negotiable
- Electricity distribution companies must follow the statutory procedure under the Electricity Act, 2003 before disconnecting power supply
- This includes issuance of notice and affording an opportunity of hearing to the consumer
- Arbitrary disconnection without due process may violate Articles 14 and 21 of the Constitution
Indemnity Bond and Security Deposit Requirements
- Occupants who are not owners of the premises must submit an Indemnity Bond from the owner or pay three times the normal security deposit
- This requirement is part of the General Terms and Conditions of Supply issued by the Power Distribution Company of A.P. Ltd.
- However, even in such cases, disconnection must follow due process
Protection Against Arbitrary Action
- Consumers can seek protection under Article 226 against arbitrary disconnection threats
- Courts are likely to intervene if statutory authorities fail to follow prescribed procedures
- The judgment reinforces the principle that statutory powers must be exercised in accordance with law, protecting consumer rights
