Zuari Cement Limited, vs Southern Power Distribution Company Of ... on 7 October, 2020

[Cites 4, Cited by 1]

Andhra Pradesh High Court - Amravati

Zuari Cement Limited, vs Southern Power Distribution Company Of ... on 7 October, 2020

Bench: Ninala Jayasurya

[3209 ]

(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

WEDNESDAY , THE SEVENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY

'PRESENT: Wo
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA \*-
WRIT PETITION NO: 48118 OF 2020 Aw

Between:

Zuari Cement Limited, Registered office at Krishnanagar, Yerraguntla (M),
Kadapa District, Andhra Pradesh 516311.Represented by its Authorized Signatory,
Mr. TrivikramDasu, S/o. Late D Narayana Rao, Vice-President Legal, aged about 55
years. Unit at Krishna Nagar, Yerraguntla, Kadapa District, Andhra Pradesh HT
Service Connection No.CDP049.

_.. Petitioner
AND

4. Southern Power Distribution Company of Andhra Pradesh Limited, represented
by its Chairman and Managing Director, 19-1 3-65/A, Srinivasapuram,
Tiruchanoor Road, Tirupati 517503, Chittoor District, Tirupati 517503.

2. Superintending Engineer, Operation, APSPDCL, Vidyut Bhavan Railway Station
Road, YerramukkaPalli Kadapa, Kadapa District.

3. Transmission Corporationof Andhra Pradesh Limited, Vidyut Soudha, Gunadala,
Vijayawada-520004, Represented by its Chairman and Managing Director.

4. Ms. R.V.K. Energy Private Limited, 6-3-1109/A/1, 3rd Floor, Navabharat
Chambers, Raj Bhavan Road, Somajiguda, Hyderabad 500082

5. M/s. Wescare (India) Limited, Wescare Towers, 46, Cenotaph Road, Teynampet,
Chennai-600018.

6. M/s. RCI Power Limited. Tangy Apartments, A Block, New No.6/1, Old No. 34/1.
Dr. P V Cherian Crescent Road, Egmore, Chennai-600008.

7. HCL Agro Power Limited, Amrutha Ville, Flat No. 417, Left Wing, 6-3-1091/13 to
45, Raj Bhavan Road, Somajiguda, Hyderabad 500 082 And Vedadri Village,
Jaggaiahpet Mandal, Krishna District, AP.

... Respondents

Whereas the Petitioner above named through his Advocate Sri Challa
Gunaranjan 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, direction or order or orders more particularly one in the nature of
writ of mandamus declaring action of the Respondents Authorities in levying and
demanding differential wheeling charges and other charges on the energy consumed by
the petitioners from the Respondents No.4 to 7 under the Wheeling Agreements
purported to be basing on the Tariff Orders of the APERC for the years 2002-03, 2003-
04, 2004-05 and 2005-06, 2006-07, 2007-08 and 2008-09 vide Letter No.SE /O /KDP/
SAO/JAO/HT/D.No.569/20, Dt 31/08/2020, Letter No.SE /O /KDP/SAO/JAO/HT/D.No.
570/20, Dt 31/08/2020, Letter No.SE IOIKDP/SAOISAO/HT/D.No.57 1/20, Dt 31/08/2020
and Letter No.SE/O/KDP/SAO/JAO/HT/D.No. 572/20, Dt 31/08/2020 as arbitrary, illegal,
without jurisdiction and contrary to the Tariff Orders of the APERC for FY 2002-03 to
2008-09,besides being unconstitutional, violative of the petitioners rights guaranteed
under Articles 14 and 49(1)(g) of the Constitution of India and consequently set aside
the same.

And Whereas the High Court upon perusing the petition and Affidavit filed
herein and upon hearing the arguments of Sri Challa Gunaranjan Advocate for the
Petitioner, directed issue of notice to the Respondent Nos. 4 to 7 herein to show cause
as to why this WRIT PETITION should not be admitted.

4
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&
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You viz:

1. M/s. R.V.K. Energy Private Limited, 6-3-1109/A/1, 3rd Floor, Navabharat
Chambers, Raj Bhavan Road, Somajiguda, Hyderabad 500082

2. M/s. Wescare (India) Limited, Wescare Towers, 16, Cenotaph Road,
Teynampet, Chennai-600018.

3. M/s. RCI Power Limited. Tangy Apartments, A Block, New No.6/1, Old No.
34/1. Dr. P V Cherian Crescent Road, Egmore, Chennai-600008.

4. HCL Agro Power Limited, Amrutha Ville, Flat No. 117, Left Wing, 6-3-1091/13
to 15, Raj Bhavan Road, Somajiguda, Hyderabad 500 082 And Vedadri
Village, Jaggaiahpet Mandal, Krishna District, AP.

are be and hereby directed to show cause either appearing in person or through
an Advocate, as to why in the circumstances set out in the petition and the
affidavit filed therewith (copy enclosed) this WRIT PETITION should not be
admitted, on or before 05-11-2020 on which date the case stands posted for
hearing.

IA 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 Respondent
Authorities not to take any coercive steps including that of disconnection of power
supply to Petitioner's service connection with HT SC No. CDP 049 pursuant to the
impugned notices (i)Letter No. SE /O IKDP/SAO/JAO/HT/D. No.569/20, Dt: 31/08/2020,
(ii) Letter No. SE/O/KDP/SAO/JAO/HT/ D. No. 570/20, Dt: 31/08/2020, (iii) Letter No.
SE/O/KDP/SAO/JAO/HT/D. No. 571/20, Dt:31/08/2020 and (iv)Letter No.
SE/O/KDP/SAO/JAO/HT/D. No. 572/20, Dt: 31/08/2020 issued by the Respondent No.
2, pending disposal of WP No. 18118 of 2020, on the file of the High Court.

The Court made the following:
ORDER:

"When the matter is taken up for admission, it is represented by the learned counsel for the petitioner that in similar matters, this Court granted interim orders in W.P.No.11785 of 2020 and batch, dated 05.08.2020. | Following the same and the reasons recorded therein, there shall be an interim direction as prayed for.

List this matter along with W.P.No.11785 of 2020 and batch.

Registry is directed to print the name of Sri Y. Nagi Reddy, learned Government Pleader for Energy appearing for the respondents.

Issue notice to the respondents No.4 to 7.

List the matter after four (4) weeks."

Sd/-K.JAGAN MOHAN" -

DEPUTY REGISTRAR -

ITTRUE COPY! \ - / Noe Y scondeatetsen Oa PR _ Mls. R.V.K. Energy Private Limited, 6-3-1109/A/1, 3rd Floor, Navabharat Chambers, Raj Bhavan Road, Somajiguda, Hyderabad 500082 M/s. Wescare (India) Limited, Wescare Towers, 16, Cenotaph Road, Teynampet, Chennai-600018.

M/s. RCI Power Limited. Tangy Apartments, A Block, New No.6/1, Old No. 34/1. Dr. P V Cherian Crescent Road, Egmore, Chennai-600008.

HCL Agro Power Limited, Amrutha Ville, Flat No. 117, Left Wing, 6-3-1091/13 to 15, Raj Bhavan Road, Somajiguda, Hyderabad 500 082 And Vedadri Village, Jaggaiahpet Mandal, Krishna District, AP.(Addresses for 1 to 4 by RPAD- along with a copy of petition and Affidavit) One CC to Sri. Challa Gunaranjan Advocate [OPUC] One CC to Sri Y. Nagi Reddy, Standing Counsel [OPUC] One spare copy HIGH COURT NJSJ DATED:07/10/2020 LIST THIS MATTER ALONG WITH W.P.NO.11785 OF 2020 AND BATCH.

NOTICE BEFORE ADMISSION WP.No.18118 of 2020 at ad ead an = co

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Andhra Pradesh High Court - Amravati