Andhra Pradesh High Court - Amravati
Berry Alloys Limited vs The State Of Ap on 26 February, 2026
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
APHC010090612026
IN THE HIGH COURT OF ANDHRA
PRADESH
[3209]
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 5116/2026
Between:
1. BERRY ALLOYS LIMITED,, REP. BY ITS GENERAL
MANAGER COMMERCIAL AND AUTHORIZED
SIGNATORY, PERI SATYANARAYANA MURTHY
HAVING ITS CORPORATE OFFICE AT SIRI AVENUE
SAMPAT VINAYAKA TEMPLE ROAD, ASILMETTA,
VISAKHAPATNAM - 530 003 AND FACTORY AT BOBBIN,
VIZIANAGARAM DISTRIC
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL
SECRETARY ENERGY DEPARTMENT SECRETARIAT
VELAGAPUDI - 522 237 AMARAVATI, GUNTUR
DISTRICT
2. TRANSMISSION CORPORATION OF ANDHRA PRADESH
LTD, (APTRANSCO) THROUGH ITS CHAIRMAN AND
MANAGING DIRECTOR VIDYUT SOUDHA
GUNADALAELURU ROAD VIJAYAWADA-520004. N T R
DISTRICT
3. THE EASTERN POWER DISTRIBUTION COMPANY OF
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W.P.NO.5116 OF 2026
ANDHRA PRADESH LTD, (APEPDCL) REP. ITS
MANAGING DIRECTOR P AND T COLONY,
SEETHAMMADARA VISAKHAPATNAM - 530 013
VISAKHAPATNAM DISTRICT
4. THE SUPERINTENDING ENGINEER, OPERATIONS
EASTERN POWER DISTRIBUTION COMPANY OF
ANDHRA PRADESH LIMITED VALASA ROAD
DASANNAPET VIZIANAGARAM - 535 002
VIZIANAGARAM DISTRICT
5. THE DEPUTY EXECUTIVE ENGINEER, OPERATIONS
EASTERN POWER DISTRIBUTION COMPANY OF
ANDHRA PRADESH LIMITED BOBBILI - 535 558
VIZIANAGARAM DISTRICT
6. THE ASSISTANT DIVISIONAL ENGINEER, OPERATIONS
EASTERN POWER DISTRIBUTION COMPANY OF
ANDHRA PRADESH LIMITED BOBBILI - 535 558
VIZIANAGARAM DISTRICT
7. THE ASSISTANT ENGINEER, OPERATION EASTERN
POWER DISTRIBUTION COMPANY OF ANDHRA
PRADESH LIMITED BOBBILI - 535 558 VIZIANAGARAM
DISTRICT
8. VIJAI ELECTRICALS LTD, REP.BY ITS GENERAL
MANAGER MARKETING AND SALES HAVING ITS
OFFICE AT 6-3-648/1 AND 2 OFF RAJ BHAVAN ROAD
SOMAJIGUDA HYDERABAD - 500 082 TELANGANA
STATE
...RESPONDENT(S):
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 topleased to issue an appropriate
writ, order or direction more particularly one in the nature of a Writ
of Mandamus, by declaring that the threats of disconnection of
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W.P.NO.5116 OF 2026
electricity to the manufacturing facility of the petitioner company
situate at Bobbili, Vizianagaram District, to be arbitrary,
capricious and illegal apart from being violative of Arts. 14 and
19 (1) (g) of the Constitution of India and the provisions of The
Electricity Act, 2003 and to pass
IA NO: 1 OF 2026
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 pleased to issue interim
direction to Respondents Nos.1 to 7 not to disconnect the
electricity service being enjoyed by the factory of petitioner
company at Bobbili, Vizianagaram District, pending disposal of
the above writ and to pass
Counsel for the Petitioner:
1. G V R CHOUDARY
Counsel for the Respondent(S):
1. GP FOR ENERGY
The Court made the following:
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W.P.NO.5116 OF 2026
ORDER:-
Heard Mr.G.V.R.Choudary, learned counsel for the petitioner.
2. Also heard Ms.Aishwarya Chowdary, learned counsel representing for respondent Nos.2 to 7. Notice to the 8th respondent is deemed not necessary, as the matter is being disposed of without touching the merits.
3. The grievance of the petitioner in the present writ petition is that under the guise of the Prohibitory Order dated 11.12.2025 in C.E.P.No.22 of 2025, passed by the learned Special Judge for Trial and Disposal of Commercial Disputes at Visakhapatnam, the authorities of DISCOM have initiated steps for disconnection of power supply to the petitioner Industry.
4. On the earlier occasion, the learned Standing Counsel for APEPDCL stated that no demand was raised with reference to the Prohibitory Order dated 11.12.2025.
5. Today, when the matter is taken up for consideration, Ms.Aishwarya Chowdary, learned counsel, placed a copy of the communication dated 06.02.2026 addressed by the 4th respondent to the petitioner, seeking to arrange payment of the 5 NJS,J W.P.NO.5116 OF 2026 monthly demand charges. So far as the said communication is concerned, the same is not subject matter of the writ petition. Be that as it may.
6. As it appears that the respondent/DISCOM authorities are not taking any coercive action, including disconnection of supply, with reference to the orders passed by the learned Commercial Court, referred to above, the writ petition is closed, leaving it open to the petitioner to seek recourse to law, in the event any fresh cause of action arises. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
___________________________ JUSTICE NINALA JAYASURYA Note:Issue C.C by 03.03.2026 B/o Date: 26.02.2026 LSP