Andhra Pradesh High Court - Amravati
M/S.Venkateshwara Cable Network vs State Of Andhra Pradesh on 4 November, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI =. ee >- =. (SPECIAL ORIGINAL. JURISIDICTION) .- Ay WEDNESDAY , THE FOURTH DAY OF NOVEMBER " TWO THOUSAND AND TWENTY" :PRESENT: we THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 20332 OF 2020 Between: 1. M/s.Venkateshwara Cable Network, represented by Cable Operator G.Satyanarayana, S/o. G.Narayana, Aged- 42 years, occ- Cable Operator R/o_ Chinna Malkapuram Village and Post Kurnool District - 518122 S. C.No0.8222105000556 2. M/s. Dhone Communication Network,, Rep by its Cable Operator, M.Mahesh Kumar S/o. M.Venkata Kondaiah Setty, aged- 49 years, Occ- Cable Operator, H.No. 15-117-2, Dhone Post, Kurnool District, Andhra Pradesh S.C.No0.8222201002036 3. M/s. Siddappa Cable Network, , Kothapeta, Represented by Cable Operator Raj Madhusudhan, Sfo. Raja Siddappa Aged- 50 years, occ- Cable Operator, R/o. Dhone Post, Kurnool District S.C.No.8222201010789 4. M/s. Shivashankar Cable Network, Represented by Cable operator Raja Ramesh S/o. Raja Ramasubbaya Aged- 53 years, occ- Cable Operator Dhone Post, Kurnool District S.C.No.8222201007890 5. M/s. Raehavendra Cable Network,, Rep. by Cable Operator Raja Suresh, S/o.Raja Siddaiah, Aged- 48 years Occ- Cable Operator, Dhone Post, Kurnool District S.C.No.8222201000185 and 8222201010440 6. M/s. Santhosh Cable Net Work,, Rep_ by Cable Operator P.V.Shiva Reddy S/o. Pedda Narayana Reddy, Aged- 52 years, Occ- Cable Operator, Rio. Perusomla Post, Sanjamala Mandal, Kurnool District 7. M/s. Vikram Communications, rep. By Cable Operator K.Md.Azinathulla S/o. Md. Hussain, aged- 75 years, oce- Cable Operator, R/o. Yemmiganur Post, Kurnool District, S.C.No. 8132301010495 8. M/s. Kinnera Cable Network, Rep. by Cable Operator S.Khader Zilani, S/o. S.Hussain Saheb, aged- 53 years, Occ- Cable Operator, R/o. Chennur |sukapalli Post, Sirivella Mandal, Kurnool District S.C.No. 8411504000950 9. M/s. Sri Sai Digital Communications, Rep. by Cable Operator Y.Someswaramma W/o. Y.Rajendranath Reddy, aged- 54 years, Occ- Cable Operator, R/o. H.No. 2- 233/3 Near Sesha Reddy High School, Betamcherla Post, Kurnool District. S.C.No. 8221201004705 10.M/s. Y.S Cable Network, rep. by Cable Operator S.Mohammed Basha S/o. S.Abdul Hameed, aged- 42 years, Occ- Cable Operator, R/o. H.No. 9-246, Betamcherla Post, Kurnool District S.C.No. 8221201004789 11.M/s. K.G.N. Cable Network, Kothapeta, Rep. by Cable Operator S.Basheer S/o. S.Mahaboob Saheb, aged- 40 years, Occ- Cable Operator, R/o. Betamcherla Post, Kurnool District S.C.No. 8221201008362 12.M/s. Srinivasa Cable Network, Rep. by Cable Operator M.Hanumanth Reddy, S/o. Somi Reddy, aged- 72 years, Occ- Cable Operator, R/o. Betamcherla Post, Kurnool District, S.C.No. 8221201007885 13.M/s. Vasavi Cable Network, rep. by Cable Operator J.Sreedhar Kumar S/o. Ramakrishna Guptha, age- 40 years, Occ- Cable Operator, R/o. R.S.Rangaptiram Post, Kurnool District S.C.No. 8221126000128 Petitioner AND 1. State of Andhra Pradesh, rep by its Secretary, Legal affairs, Legislative affairs And Justice, Ai'. Secretariat, Velgapudi, Guntur District. State of Andhra Pradesh,, rep by its Pri. Secretary, Energy Infrastructure and Investment Department, A.P. Secretariat, Velgapudi, Guntur District. Chairman and Managing Director,, APTRANSCO 48-12-4/1, Eluru Road, Gunadala, Vijayawada- 520008, Andhra Pradesh. Southern Power Distribution Company of A.P Limited,, APSPDCL rep by its Charimanand Managing Director, Kesavayagunta, besides Srinivasa KalyanaMantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh. Chief General Manager, , Operation, APSPDCL, Kesavayagunta, besides Srinivasa, KalyanaMantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh. 6. The Superintending Engineer, , Operation, APSPDCL, Kurnool Kurnool District, State of Andhra Pradesh. - YY DN on 7. The Executive Engineer, , APSPDCL Kurnool Division, Kurnool District State of - Andhra Pradesh. 8 The Assistant Divisional Engineer,, Operation, Dhone, APSPDCL, Kurnool District, State of Andhra Pradesh. 9. Assistant Divisional Engineer,, Operation, Koilakuntla APSPDCL, Kurnool District State of Andhra Pradesh. 10. Divisional Electrical Engineer, , Operation, Nandyal,APSPDCL, Kurnool District State of Andhra Pradesh. 11. Divisional Electrical Engineer,, Operation, Alagadda, APSPDCL, Kurnool District. State of Andhra Pradesh. 12. The Addl, Asst Engineer,, Operation Section, APSPDC1., Kolimigundla. Kurnool District State of Andhra Pradesh. 43. The Assistant Accounts Officer,, Dhone, Kurnool District, State of Andhra Pradesh. 14. The Assistant Accounts Officer,, ERO, APSPDCL, Nandyal, Kurnool! District. 45. The Assistant Accounts Officer Electricity Revenue Office,, ERO APSPDCL, Nandikotkur Kurnool District. 46. The Assistant Accounts Officer Electricity Revenue Office, , ERO APSPDCL, Yammiganuru, Kurnooi District. 47. The Assistant Accounts Officer Electricity Revenue Office,, ERO Bethamcharla,APSPDCL, Kurnool District. 18. Union of India, , rep by Ministry of Information and Broadcasting A-Wing, ShastriBhawan, New Delhi-110001 19. Telecom Regulatory Authority of India (TRAI),, Mahanagar, Door Sanchar Bhawan, JawaliarLal Nehru Marg, Old Minto Road, New Delhi-110002. Respondents
WHEREAS the Petitioner above named through their Advocate Sri A Tulsi Raj Gokul presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus or any other similar writ or direction to the Respondents, declaring the action of 6th to 17th Respondents in demanding pole rental charges @Rs.15/- per month per pole in rural areas and Rs.20/- per month per pole in urban areas in respect of petitioners' electricity service connection for the period from July, 2018 to December, 2019 by billing the same in the monthly electricity bills as arrears/other charges, as illegal, unjust, ultravires the powers and in gross violation of S.4B of the Cable Televisions Network (Regulation) Act, 1995, and voilative of Article 14,and 22 of Constitution of India, besides amounting to imposing unreasonable conditions on the grant of Row to the operators being not in consonance with the guidelines prescribed by the 18th Respondent under Section 4B(5) of the Cable Televisions Network (Regulation) Act, 1995 and consequently direct the first respondent to formulate or put in place appropriate mechanism for speedy clearance of requests from petitioner/cable operators for laying cables or erecting posts on any property vested in, or under the control or management of, any public authorities but not limited to 4th to 17th Respondents and for settlement of disputes, including refusal of permission by such public authorities following the guidelines laid down by the 18th Respondent dt.16-06-2017 issued under Section 4B(5) of the Cable Televisions Network (Regulation) Act, 1995.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri A TULS] RAJ GOKUL Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz:
1. The Secretary, Legal affairs, Legislative affairs And Justice, AP. Secretariat, Velgapudi, Guntur District.
The Pri. Secretary, Energy Infrastructure and Investment Department, State of Andhra Pradesh A.P. Secretariat, Velgapudi, Guntur District. The Chairman and Managing Director, APTRANSCO 48-12-4/1, Eluru Road, Gunadala, Vijayawada- 520008, Andhra Pradesh. The Charimanand Managing Director, Southern Power Distribution Company of A.P Limited,, APSPDCL, Kesavayagunta, besides Srinivasa KalyanaMantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh.
- Ye DM Chief General Manager, , Operation, APSPDCL, Kesavayagunta, besides Srinivasa, KalyanaMantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh. The Superintending Engineer, Operation, APSPDCL, Kurnool! Kurnool District, State of Andhra Pradesh.
The Executive Engineer, APSPDCL Kurnool Division, Kurnool District State of Andhra Pradesh.
The Assistant Divisional Engineer, Operation, Dnone, APSPDCL, Kurnool District, State of Andhra Pradesh.
The Assistant Divisional! Engineer, Operation, Koilakuntla APSPDCL, Kurnool District State of Andhra Pradesh.
10. The Divisional Electrical Engineer, Operation, Nandyal,APSPDCL, Kurnool District State of Andhra Pradesh.
11. The Divisional Electrical Engineer, Operation, Alagadda, APSPDCL, Kurnool District. State of Andhra Pradesh.
12. The Addl, Asst Engineer,, Operation Section, APSPDC1., Kolimigundla. Kurnool District State of Andhra Pradesh.
13. The Assistant Accounts Officer, Dnone, Kurnool District, State of Andhra Pradesh.
14. The Assistant Accounts Officer,, ERO, APSPDCL, Nandyal, Kurnool District.
45. The Assistant Accounts Officer Electricity Revenue Office, ERO APSPDCL, Nandikotkur Kurnool District.
16. The Assistant Accounts Officer Electricity Revenue Office, ERO APSPDCL, Yammiganuru, Kurnool District.
47. The Assistant Accounts Officer Electricity Revenue Office, ERO Bethamcharla,APSPDCL, Kurnool District.
18.The Ministry of Information and Broadcasting A-Wing, Union of India ShastriBhawan, New Delhi-110001
19. Telecom Regulatory Authority of India (TRAI),, Mahanagar, Door Sanchar Bhawan, JawaliarLal Nehru Marg, Old Minto Road, New Delhi-110002. Oo ON DA are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 03.12.2020 on which date the case stands posted for hearing "1A NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 6" to 17" not to collect from the petitioner any kind of charges other than monthly electricity consumption charges under the monthly electricity bills raised on the service connection of the petitioners in future as per the Memo. No. CGM / O / SPDCL / TPT / O & M/F.Doc./D.No.1577/18, Dt.16-10-2018, by the 5" Respondent, pending disposal of WP No. 20332 of 2020, on the file of the High Court. The Court made the following: ORDER:
Notice before admission.
Learned counsel for the petitioners submits that in similar set of facts and circumstances earlier interim orders were granted by this Court in WP.No.19199 of 2019, dated 29.11.2019, W.P.No.5627 of 2020, dated 02.03.2020 and W.P.No.12106 of 2020, dated 23.07.2020.
In view of the fact that in similar circumstances, this Court granted interim orders, there shall be interim direction to the respondents not to collect from the petitioners any kind of charges other than monthly electricity consumption charges under the monthly electricity bills raised on the service connection of the petitioners pending disposal of the writ petition.
However, it is made clear that this order would not preclude the petitioners to make payments of charges as fixed by the concerned authorities, if they are agreeable for the charges so fixed/levied.
To Post on 03.12.2020.
Sd/- P.V. RAMANA ASSISTANT REGISTRAR [TRUE COPY// For ASSISTANT REGISTRAR
1. The Secretary, Legal affairs, Legislative affairs And Justice, AP. Secretariat, Velgapudi, Guntur District.
The Pri. Secretary, Energy Infrastructure and Investment Department, State of Andhra Pradesh A.P. Secretariat, Velgapudi, Guntur District. The Chairman and Managing Director,, APTRANSCO 48-12-4/1, Eluru Road, Gunadala, Vijayawada- 520008, Andhra Pradesh. The Charimanand Managing Director, Southern Power Distribution Company of A.P Limited,, APSPDCL, Kesavayagunta, besides Srinivasa KalyanaMantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh. Chief General Manager, , Operation, APSPDCL, Kesavayagunta, besides Srinivasa, KalyanaMantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh. The Superintending Engineer, Operation, APSPDCL, Kurnool Kurnool District, State of Andhra Pradesh.
The Executive Engineer, APSPDCL Kurnool Division, Kurnool District State of Andhra Pradesh.
The Assistant Divisional Engineer, Operation, Dhone, APSPDCL, Kurnool District, State of Andhra Pradesh.
The Assistant Divisional Engineer, Operation, Koilakuntla APSPDCL, Kurnool District State of Andhra Pradesh.
10. The Divisional Electrical Engineer, Operation, Nandyal,APSPDCL, Kurnool District State of Andhra Pradesh.
41. The Divisional Electrical Engineer, Operation, Alagadda, APSPDCL, Kurnool District. State of Andhra Pradesh.
12. The Addl, Asst Engineer,, Operation Section, APSPDC1., Kolimigundla. Kurnool District State of Andhra Pradesh.
13. The Assistant Accounts Officer, Dhone, Kurnool District, State of Andhra Pradesh.
14. The Assistant Accounts Officer,, ERO, APSPDCL, Nandyal, Kurnool District.
45. The Assistant Accounts Officer Electricity Revenue Office, ERO APSPDCL, Nandikotkur Kurnool District.
16. The Assistant Accounts Officer Electricity Revenue Office, ERO APSPDCL, Yammiganuru, Kurnool District.
17. The Assistant Accounts Officer Electricity Revenue Office, ERO Bethamcharla,APSPDCL, Kurnool District.
18. The Ministry of Information and Broadcasting A-Wing, Union of India ShastriBhawan, New Delhi-110001
19. Telecom Regulatory Authority of India (TRAI),, Mahanagar, Door Sanchar Bhawan, JawaliarLal Nehru Marg, Old Minto Road, New Delhi-110002. (1 to 19 by RPAD- along with a copy of petition and affidavit)
20.One CC to Sri A. Tulsi Raj Gokul, Advocate [OPUC]
21.Two CCs to GP for Energy ,High Court of Andhra Pradesh. [OUT]
22. One spare copy
-F Oo DN o oO NN OO TVR HIGH COURT MGRJ DATED:04/11/2020 NOTICE BEFORE ADMISSION WP.No.20332 of 2020 POST ON 03.12.2020 "4 nay iu 4 Oe.
MAE