Andhra Pradesh High Court - Amravati
M/S.Govindapalli Communications, vs State Of Andhra Pradesh, on 23 July, 2020
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE TWENTY THIRD DAY OF JULY, TWO THOUSAND AND TWENTY : PRESENT: THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION NO : 12106 of 2020 Between: > 14. M/s. Govindapalli Communications, rep. by Cable Operator G.Sreehari, S/o. G.Sreenivasulu 2. Mls. Siva Prasad Cable Network, rep. by Cable Operator M.Siva Prasad, S/o. M.Venkateswarlu. 3 Ms. Sirivella Mansoor Dish Antenna, rep by Cable Operator P.Mansoor Khan, S/o. P.Nawaj Khan 4. Mls. Sri Choudeswari Devi Cable Network, rep. by Cable Operator S.Choudayya, S/o. S.Narayana 5 M/s. Chabolu Communications, rep. by Cable Operator, B.Pratap Reddy, S/o. B.Pandu Ranga Reddy 6. Ms. Bismilla Cable Network, rep. by Cable Operator D.Fari, S/o. Guddubai. 7. M/s. Naresh Babu Cable Network, rep. by Cable Operator, B.Naresh babu, S/o. B.E.Seshayya 8 M/s. Sri Lakshmi Venkateswara Cable Network, rep .by Cable Operator, C.Prasad, S/o. C.Omkaraiah. 9. M/s. Sri Rama Cable Network, rep. by Cable Operator, A.Tulasi Reddy, S/o. A.Venkateswara Reddy 40. M/s. Vishnu Cable Network, rep. by Cable Operator, T.Vijaya Naidu, S/o. T.Prasad 11. M/s. Rayapu Reddy Dish Antenna, rep. by Cable Operator, D.Rayapu Reddy, S/o. D.Bal Reddy 12. M/s. Sri Lakshmi Cable System, rep. by Cable Operator, V.Shiva Reddy, S/o. V.Pedda Nagi Reddy 13. M/s. Maruti Cable Network, rep. by Cable Operator, N.Rama Bhadra Naidu, S/o. Ugender Naidu 14. M/s. Nabi Rasool Cable Network, rep. by Cable Operator S.Nabirasool, S/o. S.M.Saheb 15. M/s. Devi Dish Antenna, rep by Cable Operator, N.Naga Maddileti, S/o. Pedda Palayya | 16. M/s. Hussainabee Cable Network, rep. by Cable Operator, P Dastagiri, S/o. P. Hussain 47. M/s. Srikrisnna Dish Antenna, rep. by Cable Operator, N.Nagireddy, S/o. N.Narasimha Reddy . 18. M/s. Sri Rajarajeswari Cable Network, rep by Cable Operator, P.Sharathchandra, S/o. P.Satyanarayana 19. M/s. Teja Network, rep .by Cable Operator, M.Venkata Subba Reddy, S/o. M.Subba Reddy . 20. M/s. Neelima Dish Network, rep .by Cable Operator A.Pullaiah, S/o. A.Obulesu 21. M/s. Shabbir Cable Network (Feroz), rep .by Cable Operator S.Shabbir Basha, S/o. Nizimiya 22. Mis. Sai Sarath Broadband New Services, rep. by Cable Operator, B.Chand Sekhar, S/o. B.Bhavawan 23. M/s. Ayyaluru Dish Communication, rep .by Cable Operator, K.Obulesu, S/o. Roshanna , 24. M/s. Varasiddhi Vinayaka Cable Network, rep .by Cable Operator, K.Rakesh, S/o. Venkateswarlu . 25. M/s. Allagadda Communications, rep by Cable Operator, K.V.Dhanunjayareddy, S/o. K Veera Reddy ~ 26. M/s. Mahanandeeshwara Cable Network, rep .by Cable Operator, A. Bala Raju, S/o, A.Balanna 27. M/s. Banaganapalli Communications, rep. by Cable Operator, P.Visweswara Reddy, S/o. P. Mohan Venkateswara Reddy 28. M/s. Kanakadurga Cable Network, rep. by Cable Operator, £.Malleswaramma, W/o. E.Pedda Mallaiah 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39, A0. & oO DN oN OO 10. 11. 12. 13. 14. 5 Assistant Accounts Officer, ERO, APSPDCL. Nandyal Town, Kurnool District. 17. Mis. The Nandayala Communications, rep by Cable Operator, R.Rukminamma, Wio. A.Venkata Subba Reddy M/s. Bhujendra Achari Cable Network, rep. by Cable Operator, V.Bhujendraachari, S/o. Eswaraiah M/s. Uday Kiran Cable Network, rep 'by Cable Operator, M.Venkata Ramana, S/o. M.Timmaiah M/s. Sri Lakshmi Cable Network, rep by Cable Operator, P.Suryanarayana, S/o. P Jayaram M/s. Mastan Vali Cable Network, rep by Cable Operator, S.Mastan Vali, S/o. S.Hussain Peera M/s. Malli Basha Cable Network, rep .by Cable Operator, D.Malli Basha, S/o. Guddu Bai Mis. Sri Lakshmi Sai Dish, rep .by Cable Operator, S.Mastan Vali, S/o. Khasim Peera M/s. Ramahanumantamma Cable Network, rep by Cable Operator, B.Chandrasekhar, S/o. B.Ramudu Mis. Sameer Cable Network, rep .by Cable Operator, T.Aneef, S/o. T.Najeer Hussain . M/s. Manaohar Cable Network, rep . by Cable Operator, B.E.Manohar, S/o. B.Subba Narasaiah . Mis. Yaswant Cable Network, rep .by Cable Operator, B.Nagabhushanam, S/o. Subba Raidu , M/s. Nandyala Cable Network, rep .by Cable Operator, M.Chandra Mohan, S/o. Ella Subbaiah. Petitioners AND State of Andhra Pradesh, rep by its Secretary, Legal affairs, Legislative affairs And Justice, A.P. 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 & 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 Chairman & Managing Director, Kesavayagunta, besides Srinivasa Kalyana Mantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh. Chief General Manager, Operation, APSPDCL, Kesavayagunta, besides Srinivasa, Kalyana Mantapam, Tiruchanuru' Road, Tirupathi, Andhra Pradesh. The Superintending Engineer, Operation, APSPDCL, Kurnool, Kurnool District, State of Andhra Pradesh. * Executive Engineer, APSPDCL Kurnool Division, Kurnool District State of Andhra radesh. . The Deputy Executive Engineer, APSPDCL,Operation-| Kurnool, Kurnool District State of Andhra Pradesh. The Deputy Executive Engineer, APSPDCL, Operation-Il, Kurnool, Kurnool District, State of Andhra Pradesh. . The Assistant Executive Engineer, APSPDCL, Old Town. Kurnool, Kurnool District, State of Andhra Pradesh. . The Assistant Executive Engineer, APSPDCL, Central Power House. Kurnool, Kurnool District, State of Andhra Pradesh. The Assistant Executive Engineer, APSPDCL, Bellary Road. Kurnool, Kurnool District State of Andhra Pradesh. ~ The Assistant Executive Engineer, APSPDCL, Power House Kurnool, Kurnool District State of Andhra Pradesh. Assistant Accounts Officer, ERO, APSPDCL, Kurnool Town, Kurnool District. Assistant Accounts Officer, Electricity Revenue Office, ERO, APSPDCL, Nandikotkur, Kurnool District ' Assistant Accounts Officer Electricity Revenue Office, ERO, APSPDCL, Allagadda, Kurnool District , 18. Union of India, rep by Ministry of Information & Broadcasting, 'A' - Wing, Shastri Bhawan, New Delhi 11000 | 19. Telecom Regulatory Authority of India (TRAI), Mahanagar, Door Sanchar Bhawan, Jawaharlal Nehru Marg, Old Mint Road, New Delhi-110002. Respondents
WHEREAS the Petitioners above named through their Advocate Sri A.Tulsi Raj Gokul, presented this writ 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 through Notices, vide Ref. No. Lr. No. AAO/ERO/NDL/JAO.III/NS.1I/D.No. 1083/19 Dt. 24th, 27", 28" & 30th of December, 2019 for the period from July, 2018 to December, 2019 as illegal, unjust, ultravires the powers and in gross violation of S.4B of the Cable Televisions Network (Regulation) Act, 1995, and violative of Article 14 & 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 Respondént 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 contro! or management of, any public authorities but not limited to Ath 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.Tulsi Raj Gokul, Advocate for the Petitioners, Sri Y.Nagi Reddy -- S.C. for APSPDCL for the Respondents 1 to 17 and of Smt. N.indrani -- S.C. for the Respondents 18 & 19, directed to issue of notice to Respondents herein to show cause as to why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in the Writ Petition:
You viz:
1. The Secretary, Legal affairs, Legislative affairs And Justice, State of Andhra Pradesh, A.P. Secretariat, Velgapudi, Guntur District.
The Pri. Secretary, Energy Infrastructure and Investment Department, State o Andhra Pradesh, A.P. Secretariat, Velgapudi, Guntur District. The Chairman & Managing Director, APTRANSCO, 48-12-4/1, Eluru Road, Gunadala, Vijayawada- 520008, Andhra Pradesh. The Chairman & Managing Director, Southern Power Distribution Company of AP Limited, APSPDCL, Kesavayagunta, besides Srinivasa Kalyana Mantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh. The Chief General Manager, Operation, APSPDCL, Kesavayagunta, besides Srinivasa, Kalyana Mantapam, 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 Deputy Executive Engineer, APSPDCL,Operation-| Kurnool, Kurnool District State of Andhra Pradesh.
The Deputy Executive Engineer, APSPDCL, Operation-Il, Kurnool, Kurnool District, State of Andhra Pradesh.
10. The Assistant Executive Engineer, APSPDCL, Old Town. Kurnool, Kurnool District, State of Andhra Pradesh.
41. The Assistant Executive Engineer, APSPDCL, Central Power House. Kurnool, Kurnool District, State of Andhra Pradesh.
12. The Assistant Executive Engineer, APSPDCL, Bellary Road. Kurnool, Kurnool District State of Andhra Pradesh.
F WwW DN oN ON
13. The Assistant Executive Engineer, APSPDCL, Power House Kurnool, Kurnool District State of Andhra Pradesh.
414. The Assistant Accounts Officer, ERO, APSPDCL, Kurnool Town, Kurnool District.
15. The Assistant Accounts Officer, ERO, APSPDCL. Nandyal Town, Kurnool District.
16. The Assistant Accounts Officer, Electricity Revenue Office, ERO, APSPDCL, Nandikotkur, Kurnool District ;
17. The Assistant Accounts Officer Electricity Revenue Office, ERO, APSPDCL, Allagadda, Kurnool! District
418. The Ministry of Information & Broadcasting, Union of India, 'A' - Wing, Shastri Bhawan, New Delhi 11000 |
19. The Telecom Regulatory Authority of India (TRAI), Mahanagar, Door Sanchar Bhawan, Jawaharlal Nehru Marg, Old Mint Road, New Delhi-110002. 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 the affidavit filed therewith (copy enclosed) this writ petition should not be admitted. IA NO: 1 OF 2020:
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents 6th to 17th not to collect from the petitioner any kind of charges demanded under Notices, vide Ref. No. Lr. No. AAO / ERO/NDL/JAO.HI/NS.1I/D.No. 1083/19 Dt.24th 27th, 28th & 30th December '2019 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 / 0 / SPDCL / TPT / O&M/F.Doc./D.No.1577/18, Dt.16-10-2018, by the 5" Respondent, pending disposal of WP No. 12106 of 2020 on the file of the High Court.
The Court made the following ORDER:
" Notice before admission.
Heard Sri Y Nagi Reddy, learned standing counsel for APSPDCL and Smt. N. Indrani, learned standing counsel for Respondents 18 and 19.
Learned counsel for the petitioners states that earlier orders were passed by this Court in WP No.19199 of 2019 dated 29.11.2020 and WP No.5627 of 2020 dated 02.03.2020. Learned standing counsel for 'the respondents submits that some of the cable operators are ready and willing to pay the charges for using the electric poles of the SPDCL and in view of the matter, the petitioners may not be granted interim orders as prayed for. .
However, keeping in view of the fact that in similar circumstances, this Court has granted interim orders, it is deem and appropriate to grant similar directions as granted in WP Nos.5627 and 8417 of 2020.
Accordingly, there shall be'an interim direction to the respondents not to collect from the petitioners any kind of charges demanded in the impugned order other than monthly electricity consumption charges under the monthly electricity bills 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.
List the matter along with WP No.5627 & 8417 of 2020."
SD/- M Suryanadh Reddy ASSISTANT RE, ISTRAR || TRUE COPY // ii for ASSISTANT REGISTRAR To
- VY N o Oo N OO
10.
11.
12.
13.
14.
15.
16.
17.
18. 19, 20 21 22 23 SAH The Secretary, Legal affairs, Legislative affairs And Justice, State of Andhra Pradesh, A.P. Secretariat, Velgapudi, Guntur District. The Pri. Secretary, Energy Infrastructure and Investment Department, State o Andhra Pradesh, A.P. Secretariat, Velgapudi, Guntur District. The Chairman & Managing Director, APTRANSCO, 48-12-4/1, Eluru Road, Gunadala, Vijayawada- 520008, Andhra Pradesh. The Chairman & Managing Director, Southern Power Distribution Company of AP Limited, APSPDCL, Kesavayagunta, besides Srinivasa Kalyana Mantapam, Tiruchanuru Road, Tirupathi, Andhra Pradesh. The Chief General Manager, Operation, APSPDCL, Kesavayagunta, besides Srinivasa, Kalyana Mantapam, 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 Deputy Executive Engineer, APSPDCL,Operation-| Kurnool, Kurnool District State of Andhra Pradesh.
The Deputy Executive Engineer, APSPDCL, Operation-Il, Kurnool, Kurnool District, State of Andhra Pradesh.
The Assistant Executive Engineer, APSPDCL, Old Town. Kurnool, Kurnool District, State of Andhra Pradesh.
The Assistant Executive Engineer, APSPDCL, Central Power House. Kurnool, Kurnool District, State of Andhra Pradesh. The Assistant Executive Engineer, APSPDCL, Bellary Road. Kurnool, Kurnool District State of Andhra Pradesh.
The Assistant Executive Engineer, APSPDCL, Power House Kurnool, Kurnool District State of Andhra Pradesh.
The Assistant Accounts Officer, ERO, APSPDCL, Kurnool Town, Kurnool District. The Assistant Accounts Officer, ERO, APSPDCL. Nandyal Town, Kurnool District.
The Assistant Accounts Officer, Electricity Revenue Office, ERO, APSPDCL, Nandikotkur, Kurnool District The Assistant Accounts Officer Electricity Revenue Office, ERO, APSPDCL, Allagadda, Kurnool District The Ministry of Information & Broadcasting, Union of India, 'A' - Wing, Shastri Bhawan, New Delhi 11000 | The Telecom Regulatory Authority of India (TRAI), Mahanagar, Door Sanchar Bhawan, Jawaharlal Nehru Marg, Old Mint Road, New Delhi-110002. (1 to 19 by RPAD along with a copy of Petition and affidavit) One CC to Sri A. Tulsi Raj Gokul, Advocate (OPUC) One CC to Sri Y.Nagi Reddy, Standing Counsel (OPUC) One CC to Smt. N.Indrani, Standing Counsel (OPUC) One spare copy.
HIGH COURT KVLJ DATED: 23-07-2020 NOTE: LIST THE MATTER ALONG WITH .
WP.NO. 5627 & 8417 OF 2020 NOTICE BEFORE ADMISSION WP.NO. 12106 OF 2020 INTERIM DIRECTION