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High Court of Andhra Pradesh · body

2010 DAILYLAW 1416 (AP)

SREE TIRUMALA RICE MILLS, PITHAPURAM, E.G.DIST. v. THE A.P.E.P.D.C.L., VISAKHAPATNAM, & 4 OTRS.

WP/23121/2010 · 2026-05-05

Maheswara Rao Kuncheam

Transfer Petitionbody2010

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010603572010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 23121/2010 Between: 1. SREE TIRUMALA RICE MILLS, PITHAPURAM, E.G.DIST., REPTD. BY ITS MANAGING PARTNER, D.V. SATYANARAYANA MURTHY, BUSINESS S/O. VISWANATHAM, SEETAYYAGARI THOTA, PITHAPURAM, R/O. PITHAPURAM, ...PETITIONER AND 1. THE A P E P D C L VISAKHAPATNAM 4 OTRS, REPTD. BY ITS CHAIRMAN & MANAGING DIRECTOR GANJIPET, VISAKHAPATNAM. 2. THE DIVISIONAL ENGINEER OPERATIONS, THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION CO. LTD. KAKINADA, EAST GODAVARI DISTRICT. 3. THE ASSISTANT DIVISIONAL ENGINEER OPERATION SUBDIVISION, THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION CO. LTD. PITHAPURAM, EAST GODAVARI DISTRICT. 4. THE ASSISTANT ACCOUNTS OFFICER E R O, THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION CO. LTD. SAMALKOTE, EAST GODAVARI DISTRICT. 5. THE ELECTRICITY REVENUE OFFICER, THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION CO. LTD. SAMALKOTE SECTION, PITHAPURAM, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 MRK,J W.P.No.23121 of 2010 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(s) particularly one in the nature of Writ of Mandamus directing that the Demand Notice No. ADE/OSD/PTP/F.No. DOC/D.No. 947/ 2010, dated 16-08-2010 is illegal, without jurisdiction and without any authority of law and consequently direct the Respondents to treat the petitioner herein under L.T. - III Category and adjust the excess amount collected, under H.T. Category - I in the future Bills. IA NO: 1 OF 2010(WVMP 5923 OF 2010 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 vacate the interim orders passed on 17-09-2010 in WPMP No.29506 of 2010 in WP No.23121 of 2010 and pass IA NO: 2 OF 2010(WPMP 29506 OF 2010 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 the Notice No. ADE/OSD/PTP/F.No. DOC/D.No. 947/ 2010, dated 16-08-2010, issued by the 3rd Respondent herein, pending disposal of the Writ Petition. Counsel for the Petitioner: 1. None appeared Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) The Court made the following: 3 MRK,J W.P.No.23121 of 2010 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 23121 of 2010 ORDER:- The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “….to issue a Writ, Order or Direction(s) particularly one in the nature of Writ of Mandamus directing that the Demand Notice No. ADE/OSD/PTP/F.No. DOC/D.No. 947/ 2010, dated 16-08-2010 is illegal, without jurisdiction and without any authority of law and consequently direct the Respondents to treat the petitioner herein under L.T. - III Category and adjust the excess amount collected, under H.T. Category - I in the future Bills.….” 2. It is apt to note that the counsel for petitioner Sri P.R. Prasad is no more, this Court directed the registry on 24.02.2026 to issue notice to the petitioner to take alternative arrangements. Consequently, registry of this Court put up a note on 05.05.2026 that, petitioner Notice Item delivered as per postal track report. Despite the serving of notice none appeared for the petitioner. 3. Conversely, learned Standing counsel for the respondents forwarded written instructions dated 20.03.2025 from the respondent/corporation authorities. It clearly reveals as under: “As per the recent APERC guidelines and from the Tariff 01.04.2021, Rice mills & Pulverising units are permitted up to 150 HP in LT Supply. Hence, as per the standing instructions from APERC, there is no need to 4 MRK,J W.P.No.23121 of 2010 switch over HT Supply and the consumer is permitted to continue under LT Supply.” 4. By placing the above written instructions dated 20.03.2025 on record, the learned counsel for the respondents submits cause in the lis already redressed and prays this Court to close the writ petition. Thus, in view of the aforesaid facts and circumstances, in the considered opinion of this Court, no further orders are required in the matter. 5. In view of the above, by placing the written instructions dated 20.03.2025 on record, the writ petition is closed. However, liberty is granted to the petitioner to work out legal remedies if any in accordance with law. There shall be no order as to costs. 6. Miscellaneous petitions pending, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 06.05.2026 PBS 5 MRK,J W.P.No.23121 of 2010 211 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No. 23121 of 2010 Date: 06.05.2026 PBS