M/S Sri Durga Bhavan, vs The Central Power Distribution Company ... on 9 October, 2020

[Cites 7, Cited by 0]

Andhra Pradesh High Court - Amravati

M/S Sri Durga Bhavan, vs The Central Power Distribution Company ... on 9 October, 2020

Bench: Ninala Jayasurya

esraagetimieen

[ 3209 J]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
pecial nee Jurisdiction)
FRIDAY, THE NINTH DAY OF OCTOBER,
TWO THOUSAND AND TWEN

: PRESENT:
THE HONOURABLE SRI JUSTICE NINALA Ip URYA
WRIT PETITION NO: 18438 OF 2020
Between:
M/s Sri Durga Bhavan, (Hotel Durga Bhavan), Eluru Road, Vijayawada-2, Krishna
District, A.P. State, rep. by its Proprietor, K. Bindu Madhava Rao.
...Petitioner
AND
1. 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 A.P. 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 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 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.1103/2020 dated 23.09.2020 of the 27
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 14.06.2007 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.

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 stay all
further proceedings including disconnection of petitioner's power supply pursuant to the
notice in Letter No.SE/OMVJA/SAO/JAO/HT/R2.A2/D.No.1103/2020 dated 23.09.2020 of
the 2"¢ respondent, pending disposal of WP 18438 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. 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."

SisTaN REGISTRAR ASSISTANT REGISTRAR I(TRUE COPY// ai 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. The Managing Director, M/s Sudalagunta Sugars Limited, 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 Section Officer, Posting Section, High Court of AP.

9. One spare copy SP HIGH COURT NUSJ DATED: 09/10/2020 NOTE: LIST THE MATTER ALONG WITH W.P.NO.11785 OF 2020 AND BATCH.

ORDER WP.No.18438 of 2020 INTERIM DIRECTION

Unlock Advanced Research with PRISMAI

Andhra Pradesh High Court - Amravati