Andhra Pradesh High Court - Amravati
Fujin 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
(SPECIAL ORIGINAL JURISDICTION) |
{
FRIDAY, THE FIFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION NO: 2836 OF 2021
Between:
Fujin 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 & Managing Director and Chief General Manager, Office at 19-13-
65/A, Srinivasapuram, Tiruchanoor Road, Tirupati.
3. Superintending Engineer, Operations, APSPDCL, Kadapa.
...Respondents
WHEREAS the Petitioner above named through its 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 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.62,28,832/- to the 2" Respondent towards
electricity charges in respect of HT SCNO. CDP.637, M/s.Fujin 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 2nd Respondent respect of HT SCNO. CDP.637, M/s Fujin 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.637from out of the dues payable by the 2"? Respondent to the Petitioner towards
purchase of export power under the Power Purchase Agreement dated 16.09.2016
entered into between the Petitioner and the 2"? Respondent.
AND WHEREAS the High Court upon perusing the petition and affidavit of
grounds filed herein and upon hearing the arguments of Sri Vivek Chandra Sekhar S
Advocate for the Petitioner and of Sri Y.Nagi Reddy, Standing Counsel for
Respondents, 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,
State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Andhra
Pradesh. .
2. Chairman & 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 Engineer, 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: 2 OF 2021
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 pursuant to Notice dated 29.01.2021 issued by the 3 Respondent
in respect of HT SCNO. CDP.637, M/s Fujin Wind Parks Pvt. Ltd., Kandimallayapalli
(V), B.Mattam (M), Kadapa (D), pending disposal of WP No.2836 of 2021, on the file of
the High Court.
IA NO: 1 OF 2021
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 restrain
the Respondents from taking any coercive action against the Petitioner.in respect of HT
SCNO. CDP.637, M/s. Fujin Wind Parks Pvt. Ltd., Kandimallayapalli (V), B.Mattam (M),
Kadapa (D), pending disposal of WP No.2836 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 takes 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.637, pursuant to the impugned notice dated. 29.01.2021. Post on 23.03.2021.
ITTRUE COPY// For To,
1. The Principal Secretary, Energy (Infrastructure and Investment) Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Andhra Pradesh.
2. 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. Superintending Engineer, Operations, APSPDCL, Kadapa. (1 to 3 by RPAD- along with a copy of petition and Affidavit.) One CC to Sri. Vivek Chandra Sekhar S Advocate [OPUC] One CC to Sri Y.Nagi Reddy, Standing Counsel [OPUC] Two CCs to GP for Energy, High Court of Andhra Pradesh. [OUT] One spare copy.
o WN HIGH COURT MGR,J DATED:05/02/2021 POST ON 23.03.2021 NOTICE BEFORE ADMISSION WP.No.2836 of 2021 INTERIM DIRECTION