Andhra Pradesh High Court - Amravati
M/S Gopala Krishna Hotels Pvt. Limited vs The Central Power Distribution Company ... on 9 October, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
t [3209 ] IN THE HIGH COURT OF ANDHRA PRADESH AT snanraval are (Special Original Jurisdiction) oe PEO RS FRIDAY, THE NINTH DAY OF OCTOBER, [BELT TWO THOUSAND AND TWENTY iz ie" ey BS al : PRESENT: IO eee Si THE HONOURABLE SRI JUSTICE NINALA JAYASURYA ~ (WO S004 omy WRIT PETITION NO: 18441 OF 2020 a SP Between: ST M/s Gopala Krishna Hotels Pvt Limited, (Hotel Krishna Residency), 27-4-18, Rajagopalachary Street, Governerpet, Vijayawada, Krishna District, A.P. State, rep. by its Director, K. Bindu Madhava Rao. ..Petitioner,-- AND 4. The Central Power Distribution Company of A.P. Ltd., rep. by its Chairman and Managing Director, Vijayawada, Andhra Pradesh State. 2. The Superintending Engineer, Operation Circle, The Central Power Distribution Company of A.P. Ltd., Vijayawada, Andhra Pradesh State. 3. The Senior Accounts Officer, Operation Circle, The Central Power Distribution Company of A.P. Ltd., Vijayawada, Andhra Pradesh State. 4. The Transmission Corporation of Andhra Pradesh Ltd., rep., by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Krishna District. 5. The AP. State Electricity Regulatory Commission, rep. by its Secretary, Singareni Bhava, Red Hills, Hyderabad-500 004, Telangana State. 6. M/s Sudalagunta Sugars Limited, rep. by its Managing Director, Mayura Nagar, B.N. Kandriga Mandal, Chittoor District, A.P. State ..Respondents -- Petition under Article 246 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 or order of direction more particularly one in the nature of Writ of Mandamus declaring the impugned notice in Letter No. SE/OMJA/SAO/JAO/HT/R2.A2/D.No. 4103/2020 dated 23.09.2020 of the 2nd respondent as highly illegal, arbitrary, unjust, irrational, unauthorized without jurisdiction, void and contrary to the Notification issued by the Government of India, viz., the Electricity (Removal of Difficulties) Second Order, 2005 dated 08.06.2005, Regulation No. 2/2005 viz., the A.P. Electricity Regulatory Commission (Terms and Conditions of Open Access to Intra-State Transmission and Distribution Networks) Regulation, 2005 dated 01.07.2005 and interim order dated 44.06.2007 in W.P. No. 12644/2007 and dated 08.03.2007 in W.P. No. 7681/2017 apart from being violation of Articles 14, 19(i)(g), 21, 265 and 300-A of the Constitution of India and consequently, set aside the same.-~ 1A NO: 1 OF 2020--- Petition under Section 461 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including disconnection of petitioner's power supply pursuant to the notice in Letter No. SE/OMJA/SAO/JAO/HT/R2.A2/D.No.1103/2020 dated 23.09.2020 of the 2nd respondent , pending disposal of WP 18441 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 D V Nagarjuna Babu, Advocate for the Petitioner, Sri Y Nagi Reddy, Standing Counsel for Respondent No.1 to 4 and Sri P.Srinivasa Rao, Standing Counsel for Respondent No.5, the Court made the following. ~~ ~ ORDER
"In the present batch of writ petitions, the issues raised are similar to the matters in W.P.No.11785 of 2020 and batch, wherein interim orders were granted. In view of the same, for the reasons alike in the said writ petitions and orders passed thereon, there shall be interim direction as prayed for. ~~ a List the matter along with W.P.No.11785 of 2020 and batch. Learned counsel for the petitioner is permitted to take out personal notice to respondent No.6 by registered post with acknowledgment due and file of proof of service.
Office is directed to print the name of Mr.Y.Nagi Reddy, learned Standing Counsel appearing for respondent Nos.1 to 4...- fn _ Sd/- M. RAMESH BA ASSISTAN REGI ITTRUE COPY// i For ASSISTANT REGISTRAR To,
1. The Chairman and Managing Director, Central Power Distribution Company of A.P. Ltd., Vijayawada, Andhra Pradesh State.
2. The Superintending Engineer, Operation Circle, The Central Power Distribution Company of A.P. Ltd., Vijayawada, Andhra Pradesh State.
3. The Senior Accounts Officer, Operation Circle, The Central Power Distribution Company of A.P. Ltd., Vijayawada, Andhra Pradesh State.
4. The Chairman and Managing Director, Transmission Corporation of Andhra Pradesh Ltd., Vidyut Soudha, Gunadala, Vijayawada, Krishna District.
5. The Secretary, A.P. State Electricity Regulatory Commission, Singareni Bhava, Red Hills, Hyderabad-500 004, Telangana State.
6. M/s Sudalagunta Sugars Limited, rep. by its Managing Director, Mayura Nagar, B.N. Kandriga Mandal, Chittoor District, A.P. State (1 to 6 by RPAD)
7. One CC to Sri D V Nagarjuna Babu, Advocate [OPUC]--
8. One CC to Sri Y Nagi Reddy, Standing Counsel [OPUC]--
9. One CC to Sri P.Srinivasa Rao, Standing Counsel [OPUC] --
10.One spare copy SP HIGH COURT NJSJ DATED: 09/10/2020 NOTE: LIST THE MATTER ALONG WITH W.P.NO.11785 OF 2020 AND BATCH. ORDER WP.No.18441 of 2020 INTERIM DIRECTION