Andhra Pradesh High Court - Amravati
Ortel Communications Ltd vs The State Of Ap on 17 August, 2020
[ 2692 }
HIGH COURT OF ANDHRA PRADESH ~~
(Special Original Jurisdiction)
MONDAY, THE SEVENTEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY ~~
wa
:PRESENT: a
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU 7 //
WRIT PETITION NO: 13949 OF 2020 .
Between:
1. M/s Ortel Communications LTD, Represented by Cable Operator K.Ve
Sio.Late.K.Gangappa, Aged. 50 years, Occ: Cable Operator D.No. 1-326, By pai s Road
Kadiri-, Ananthapur District. Andhra Pradesh-SI5 591. S.C.No.7411 102008468 "SL Hy
2. M/s. Chaitanya Digital, Rep by its Cable Operator, D.K.Chaitanya S/o. Devanagam*""
Nagaraju, aged. 31 years. Occ: Cable Operator, 1-1088,1 Ward, Y B Street, Gorantla,
Ananthapur, Andhra Pradesh-515231. S.C.No.743 1227002226
3. M/s. Reddy Cable Communication, Represented by Cable Operator M.G.Reddy, S/o.
M.Adinarayana Reddy, Aged. 45 years, Occ: Cable Operator, R/o.H.No.3-227/2, New
Anjaneya Swamy Temple Road, Chilamthur, Ananthapur, Andhra Pradesh-515341. SC
No.7312147000335
4. M/s. § S N Communication, Represented By Cable operator A.Vasu Deva, S/o.
A.Satyanarayana Aged. 44 years, Occ: Cable Operator H.No.5-674-1,DL_ Road,
Somandepalli Hindupur, Ananthapur District, Andhra -- Pradesh-515341.
S.C.No.7334342004045
5. Sheik Zaheer Ahmad, S/o. Abdul Gafoor Aged. 48 years Occ: Cable Operator, H.No. 5-
656-C,Sapthagiri Colony, Somandepalle, Ananthapur, Andhra Pradesh-515122.
S.C.No.7334342001777
6. Shaik Mohammad Reyaz Basha, S/O. Kamal Saab, Age. 58, Occ: Cable Operator, R/o.1-
883, Darga peta,Penukonda,Ananthapur, Andhra Pradesh-515110.
S.C.No.7334124001200
Ve
Petitioners ---
1. The State Of AP, rep by its Secretary, Legal affairs, Legislative affairs And Justice, A.P.
Secretariat, Velgapudi, Guntur District.
2. State of Andhra Pradesh, rep by its Prl. Secretary, Energy Infrastructure and Investment
Department, A.P. Secretariat, Velgapudi, Guntur District.
3. Chairman and Managing Director, APTRANSCO, 48-12-4/1, Eluru Road,
~ Gunadala, Vijayawada- 520008, Andhra Pradesh.
4. Southern Power Distribution Company of A.P Limited, APSPDCL rep by its Chairman
and Managing Director, Kesavayagunta, besides Srinivasa Kalyana Mantapam,
Tiruchanuru Road, Tirupathi, Andhra Pradesh.
5. Chief General Manager, Operation, APSPDCL, Kesavayagunta, besides Srinivasa,
KalyanaMantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh.
6. TheSuperintending Engineer, Operation APSPDCL, Ananthapur, Ananthapur District,
State of Andhra Pradesh.
7. Executive Engineer, APSPDCL Ananthapur Division, Ananthapur District State of
Andhra Pradesh.
8. The Deputy Executive Engineer, APSPDCL, Ananthapur, Ananthapur District State of
Andhra Pradesh.
9. The Deputy Executive Engineer, APSPDCL, Hindupur, Ananthapur, District State of
Andhra Pradesh.
10. The Deputy Executive Engineer, APSPDCL, Kadiri, Ananthapur, District State of
Andhra Pradesh.
11. Senior Accounts Officer, APSPDCL, Ananthapur, Ananthapur District, State of Andhra
Pradesh.
12. The Assistant Accounts Officer, APSPDCL, Puttaparthi, Ananthapur District State of
Andhra Pradesh.
13. Assistant Accounts Officer, ERO, APSPDCL, Kadiri, Ananthapur District.
14. Assistant Accounts Officer, ERO, APSPDCL, Hindupur, Ananthapur, District.
15. Assistant Accounts Officer, Electricity Revenue Office, ERO APSPDCL, Penugunda,
Ananthapur, District
16. Union of India, rep by Ministry of Information and Broadcasting A -Wing, Shastri
Bhawan, New Delhi-110001
17. Telecom Regulatory Authority of India (TRAI), Mahanagar, Door Sanchar Bhawan,
Jawahar Lal Nehru Marg, Old Minto Road, New Delhi-110002.
Respondents ~
io
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 6" to
15" 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
connections 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 15, 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 16" 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
15th Respondents and for settlement of disputes, including refusal of permission by such public
authorities following the guidelines laid down by the 16th Respondent dt.16-06-2017 issued
under Section 4B(5) of the Cable Televisions Network (Regulation) Act, 1995. --~
IA NO: 1 OF 20207 oo
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 6th to
15th not to collect from the petitioner any kind of pole rental charges billed in their monthly
electricity bills as arrears or other charges, other than monthly electricity consumption charges
under the monthly electricity bills raised on the service connection of the petitioners as per the
Memo. No. CGM / O / SPDCL / TPT / O&M /F.Doc./D.No.1577/18, Dt.16-10-2018, by the Sth
Respondent, pending disposal of the Writ Petition and to pass, Pending disposal of WP 13949 of
2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and upon hearing the arguments of Sri A TULSI RAJ GOKUL, Advocate for the
Petitioners and of the Government Pleader for Energy, for Respondent No.2, of Sri K.Nagi
Reddy, Standing Counsel for APTRANSCO and of the Solicitor General, High Court of A.P., for
Respondents No. 16 and 17 and the Court made the following:
ORDER
"Learned Government Pleader for Energy appears for R-2, Sri K.Nagi Reddy, learned Standing Counsel appears for APTRANSCO and learned Solicitor General appears for R-16 and R-17.
List on 14-09-2020.
Meanwhile, in view of the fact that learned counsel for the petitioners states that there is batch of matters in which interim orders were passed, there shall be an interim direction in this matter also not to collect any kind of 'charges from the petitioners as demanded in the impugned order other than the monthly electricity consumption charges under the monthly electricity bills." _-
wy A ee RAMESH BABl 'meuncorv »!STANT REGISTRAR For ASSISTANT RE To,
1. The Secretary, Legal affairs, Legislative affairs And Justice, State Of AP, A.P. Secretariat, Velgapudi, Guntur District. (by RPAD)
2. The Pri. Secretary, Energy Infrastructure and Investment Department, State of Andhra Pradesh, A.P. Secretariat, Velgapudi, Guntur District. (by RPAD)
3. The Chairman and Managing Director, APTRANSCO, 48-12-4/1, Eluru Road, Gunadala, Vijayawada- 520008, Andhra Pradesh. (by RPAD)
4. The Chairman and Managing Director, Southern Power Distribution Company of A.P Limited, APSPDCL Kesavayagunta, besides SrinivasaKalyanaMantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh. (by RPAD)
5. The Chief General Manager, Operation, APSPDCL, Kesavayagunta, besides Srinivasa, KalyanaMantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh. (by RPAD)
6. The Superintending Engineer, Operation APSPDCL, Ananthapur, Ananthapur District, State of Andhra Pradesh. (by RPAD)
7. The Executive Engineer, APSPDCL, Ananthapur Division, Ananthapur District State of Andhra Pradesh. (by RPAD) ~~
10.
11.
12.
13.
14.
15.
17. MSR The Deputy Executive Engineer, APSPDCL, Ananthapur, Ananthapur District State of Andhra Pradesh. (by RPAD) The Deputy Executive Engineer, APSPDCL, Hindupur, Ananthapur, District State of Andhra Pradesh. (by RPAD) The Deputy Executive Engineer, APSPDCL, Kadiri, Ananthapur, District State of Andhra Pradesh. (by RPAD) Senior Accounts Officer, APSPDCL, Ananthapur, Ananthapur District, State of Andhra Pradesh. (by RPAD) The Assistant Accounts Officer, APSPDCL,Puttaparthi, Ananthapur District State of Andhra Pradesh. (by RPAD) The Assistant Accounts Officer, ERO, APSPDCL, Kadiri, Ananthapur District. (by RPAD) The Assistant Accounts Officer, ERO, APSPDCL, Hindupur, Ananthapur, District. (by RPAD) The Assistant Accounts Officer, Electricity Revenue Office, ERO APSPDCL, Penugunda, Ananthapur, District (by RPAD) . The Ministry of Information and Broadcasting, Union of India, A -Wing, ShastriBhawan, New Delhi-110001 (by RPAD) The Telecom Regulatory Authority of India (TRA), Mahanagar, Door Sanchar Bhawan, JawaharLal Nehru Marg, Old Minto Road, New Delhi-1 10002. (by RPAD) One CC to SRI A. TULSI RAJ GOKUL Advocate [OPUC] "One CC to SRI K. Nagi Reddy, Advocate [OPUC] ~~ Two CCs to the Solicitor General, High Court Of Andhra Pradesh. [OUT] _-~- Two CCs to GP FOR Energy (AP) ,High Court Of Andhra Pradesh. [OUT]
22. One spare copy ""
HIGH COURT DVSSJ DATED:17/08/2020 NOTE : LIST ON 14.09.2020 ORDER WP.NO.13949 OF 2020 INTERIM DIRECTION 2S AUB 80