Andhra Pradesh High Court - Amravati
Dindore Wind Parks Private Limited vs The State Of Andhra Pradesh, on 5 February, 2021
Author: M.Ganga Rao
Bench: M.Ganga Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE f: :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 2835 OF 2021 Between: Dindore Wind Parks Private Limited, having its registered office at Plot No. 1202,1215A, Door No. 8-2-293/82/A/1202, S.L. Jubilee, Road No.61, Jubilee Hills, Hyderabad - 500033 Represented by its Authorized Representative Suresh Babu Gudikandula. ... Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Energy (Infrastructure and Investment) Department, A.P. Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. Southern Power Distribution Company of Andhra Pradesh Ltd., Represented by its Chairman AND Managing Directorand Chief General Manager, Office at 79- 13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati. 3. Superintending Enginee, Operations, APSPDCL, Kadapa. ... Respondents Whereas the Petitioner above named through his Advocate Sri Vivek Chandra Sekhar S 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 Hon'ble Court may be pleased to issue a writ, order or direction more particularly in the nature of Mandamus declaring the Notice dated 29.01.2021 issued by the 3 Respondent directing the Petitioner to make a payment of Rs.26,59,991/-to the 2" Respondent towards electricity charges in respect of HT SCNO. CDP.640, Mis. Dindore Wind Parks Pvt. Ltd., Kandimallayapalli(V), B.Mattam (M), Kadapa (D) as illegal, arbitrary, unfair and unconstitutional and set aside the same and direct the Respondents not to take any coercive measures for recovery of the electricity charges payable by the Petitioner to the 2m Respondent in respect of HT SCNO. CDP.640, M/s Dindore Wind Parks Pvt. Ltd., Kandimallayapalli (V), B.Mattam (M), Kadapa (D) further direct the 2"? Respondent to adjust and deduct the payments to be made by the Petitioner to the 2"? Respondent towards electricity charges for consumption of import power through the HT SCNO. CDP.640 from out of the dues payable by the 2nd Respondent to the Petitioner towards purchase of export power under the Power Purchase Agreement dated 20.02.2017 entered into between the Petitioner and the 2nd Respondent. and Whereas the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri Vivek Chandra Sekhar S Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Principal Secretary, Energy (infrastructure and Investment) Department, A.P. Secretariat, State of Andhra Pradesh, Velagapudi, Amaravati, Andhra Pradesh. 2. The Chairman and Managing Director and Chief General Manager,Southern Power Distribution Company of Andhra Pradesh Ltd., Office at 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati. 3. Superintending Enginee, Operations, APSPDCL, Kadapa. 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 23-03-2021 on which date the case stands posted for hearing. _ IA NO: 1 OF 2021 -- 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 restrain the Respondents from taking any coercive action against the Petitionerin respect of HT SCNO. CDP.640, M/s Dindore Wind Parks Pvt. Ltd., Kandimailayapalli (V), B.Mattam (M), Kadapa (D), pending disposal of WP No. 2835 of 2021, on the file of the High Court.-- IA NO: 2 OF 2021~ 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 stay all further proceedings pursuant to Notice dated 29.01.2021 issued by the 3 Respondent in respect of HT SCNO. CDP.640, M/s Dindore Wind Parks Pvt. Ltd., Kandimallayapalli (V), B.Mattam (M), Kadapa (D), pending disposal of WP No. 2835 of 2021, on the file of the High Court. -- The Court made the following: ORDER:
"Notice before admission.
Sri Y. Nagi Reddy, learned standing counsel take notice for Respondents, waives further notice and seeks time to get instructions. Learned counsel for the petitioner submits that in similar facts and circumstances of the case, this Court granted interim order dated 02.02.2021 in W.P.No.2176 of 2021.
Following the said order, there shall be interim direction to the respondents not to take any coercive action against the petitioner in respect of HT SCNo.CDP.640, pursuant to the impugned notice dated.29.01.2021. o Post on 23.03.2021." -- Sd/-M.RameshBabu ASSISTANT REGISTRAR I(TRUE COPYI// TP ace~ SECTION OFFICER To,
1. The Principal Secretary, Energy (Infrastructure and Investment) Department, A.P. Secretariat, State of Andhra Pradesh, Velagapudi, Amaravati, Andhra~ Pradesh.
2. The Chairman and Managing Director and Chief General Manager,Southern _ Power Distribution Company of Andhra Pradesh Ltd., Office at 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati.
3. Superintending Enginee, Operations, APSPDCL, Kadapa.(RR 1 to 3 by RPAD- along with a copy of petition and memorandum of grounds) One CC to Sri. Vivek Chandra Sekhar S Advocate [OPUC] --- Two CCs to GP for Energy ,High Court Of Andhra Pradesh. [OUT] «~ . One spare copy ~~ Dae pr HIGH COURT MGRJ DATED:05/02/2021 POST ON 23.03.2021.
NOTICE BEFORE ADMISSION WP.No.2835 of 2021 DIRECTION