Andhra Pradesh High Court - Amravati
M/S Sdm Quadri Cable Network vs The State Of Andhra Pradesh on 29 July, 2020
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY :PRESENT: Ke THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI i ; WRIT PETITION NO: 10489 OF 2020 Sen, Between: R/o. H.No.45/24/1/3, Sri Krishna Clony, Ashoknagar and Osmania College, Ku Kurool District Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Legal Affairs, Legislative Affairs and Justice, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh,, Rep. by its Principal Secretary, Energy Infrastructure and Investment Department, Secretariat, Velagapudi, Guntur District. 3. APTRANSCO,, represented by its Chairman and Managing Director, 48-12-4/1, Eluru Road, Gunadal, Vijayawada-520008, Krishna District, A.P., 4. The Southern Power Distribution Company of A.P. Limited, , (APSPDCL) represented by its Chairman and Managing Director, Vidyuth Nilayam, Tirupati, Chittoor District, AP 5. The Eastern Power Distribution Company of AP. Limited, (APEPDCL) represented by its Chairman and Managing Director, Seethamma Dhara, Visakhapatnam, AP 6. The Chief General Manager (APSPDCL),, Tirupati, Chittoor District, AP 7. The Chief General Manager (APEPDCL),, Visakhapatnam, Visakhapatnam District, AP 8. Andhra Pradesh State Fiber Net Limited,, Represented by its Chairman and Managing Director, Office at 3rd floor, NTR Administrative Block, Pandit Nehru Bus-station, Vijayawada - 520001. 9. The Assistant Accounts Officer, ERO Town, Kurnool, APSPDCL Kurnool District, Andhra Pradesh 10. The Union of India,, Ministry of Information and Broadcasting, Represented by its Secretary, Room No. 116, A-wing, Sastry Bhavan, New-Delhi-110001. 11. The Telecom Regulatory Authority of India (TRAI), Represented by its Chairman/Secretary, Mahanagar, Dhoor Sanchar Bhavan, Jewaharlal Nehru Marg, Old Minto Road, New Delhi - 110002. Respondents
WHEREAS the Petitioner above named through its Advocate M/s. SHANTHASREE ELIPE presented this Petition under Article 226 of the Constitution one in the nature of Writ of Mandamus declaring the action of the respondents particularly the Respondent No.9 in issuing letter No.AAO/ERO (TRI)/ KNL/JAO.II/ NS/F.No./T.No.1112/19 dt. 27-12-2019 asking the petitioner to pay the Cable TV Services Pole Rental Charges at the rate of Rs.20/- per Pole pertaining to petitioners electricity service connection No.8311201059687 and an amount of Rs.14,400/- for the Pole Rental Charges from the month of June 2018 to 2019 as illegal, unjust, ultra vires and in gross violation of Sec. 4(B) of the Cable Television Net Work (Regulation) Act, 1995 besides violation of Constitutional Guarantees. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the argumenis of M/s. Shanthasree Elipe 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, Legal Affairs, Legislative Affairs and Justice, State of desh, Secretariat, Velagapudi, Guntur District. 2 The Pancieal Secretary, Energy Infrastructure and Investment Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
The Chairman and Managing Director, APTRANSCO, 48-12-4/1, Eluru Road, Gunadal, Vijayawada-520008, Krishna District, A.P.. The Chairman and Managing Director, Southern Power Distribution Company of A.P. Limited,, (APSPDCL), Vidyuth Nilayam, Tirupati, Chittoor District, AP The Chairman and Managing Director, Eastern Power Distribution Company of AP. Limited,, (APEPDCL), Seethamma Dhara, Visakhapatnam, AP The Chief General Manager (APSPDCL),, Tirupati, Chittoor District, AP The Chief General Manager (APEPDCL),, Visakhapatnam, Visakhapatnam District, AP The Chairman and Managing Director, Andhra Pradesh State Fiber Net Limited, Office at 3rd floor, NTR Administrative Block, Pandit Nehru Bus-station, Vijayawada - 520001.
g. The Assistant Accounts Officer, ERO Town, Kurnool, APSPDCL Kurnool District, Andhra Pradesh
40. The Secretary, Ministry of Information and Broadcasting, Union of India, Room No. 116, A-wing, Sastry Bhavan, New-Delhi-1 10001.
41. The Chairman/Secretary, Mahanagar, Telecom Regulatory Authority of India (TRAI),Dhoor Sanchar Bhavan, Jewaharlal Nehru Marg, Old Minto Road, New Delhi - 110002.
9 NO a ek & are directed to show cause either appearing in person oF through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted 1A NO: 1 OF 2020 Petition under Section 451 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in pursuance of the letter No.AAO/ERO (TRI)/ KNL/JAO.I NS/F.No/T.No.1112/19_ at. 57-12-2019 issued by the 9" respondent pending disposal of WP No. 40489 of 2020, on the file of the High Court. . The Court made the following: ORDER:
Notice before admission.
Learned Government Pleader for Home takes notice for 1°' respondent, learned Government Pleader for Energy takes notice for 2" respondent, Sri Y. Nagi Reddy, learned Standing Counsel for APTRANSCO takes notice for respondents 3 to 9 and learned Assistant Solicitor General of India takes notice for respondents 10 and 11.
Learned counsel for the petitioner submits that in similar facts and circumstances, this Court granted an interim direction in WP No.8417 of 2020 on 05.05.2020.
Accordingly, there shall be an interim direction to the respondents not to. collect from the members of the petitioner federation any kind of charges demanded in the impugned letter, dated 27.12.2019, other than monthly electricity consumption charges under the monthly electricity bills pending disposal of the writ petition.
List the matter along with WP No.8147 of 2020 S\- SD/- Kk. TATA RAQ ASSISTANT REGISTRAR HTRUE COPY!/ to For ASSISTANT LP ae
4. The Principal Secretary, Legal Affairs, Legislative Affai 5 Aa Prades Secretariat, Velagapudi- Guntur bist Justice, State of _ The Principal Secretary, Energy Infrastructure and Inve of Andhra Pradesh, Secretariat, Velagapudi, Guntur District Department, State
3. The Chairman and Managing Director, APTRAN Gunadal, Vijayawada-520008, Krishna District, nee A6-12-41, Fluru Road,
9. Oo ND a The Chairman and Managing Director, Southern Power Distribution Company of A.P. Limited,, (APSPDCL), Vidyuth Nilayam, Tirupati, Chittoor District, AP The Chairman and Managing Director, Eastern Power Distribution Company of A.P. Limited,, (APEPDCL), Seethamma Dhara, Visakhapatnam, AP The Chief General Manager (APSPDCL),, Tirupati, Chittoor District, AP The Chief General Manager (APEPDCL),, Visakhapatnam, Visakhapatnam District, AP The Chairman and Managing Director, Andhra Pradesh State Fiber Net Limited, Office at 3rd floor, NTR Administrative Block, Pandit Nehru Bus-station, Vijayawada - 520001.
The Assistant Accounts Officer, ERO Town, Kurnool, APSPDCL Kurnool District, Andhra Pradesh
10. The Secretary, Ministry of Information and Broadcasting, Union of India, Room No. 116, A-wing, Sastry Bhavan, New-Delhi-110001.
11. The Chairman/Secretary, Mahanagar, Telecom Regulatory Authority of India (TRAI!), hoor Sanchar Bhavan, Jewaharlal Nehru Marg, Olid Minto Road, New Delhi - 110002.
. (1 to 11 by RPAD- along with a copy of petition and affidavit)
12.One CC to M/s. Shanthasree Elipe Advocate [OPUC]
13.One CC to Sri Y. Nagi Reddy, Standing Counsel [OPUC]
14. One spare copy TVR HIGH COURT KVLJ DATED:29/07/2020 NOTICE BEFORE ADMISSION WP.No.10489 of 2020 List the matter along with WP No.8147 of 2020