APHC010111692015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NOS: 34016 AND 42481 OF 2015 Between: 1. M/S. VIKI INDUSTRIES PVT. LTD.,, H.NO.1, KRISHNA STREET, NUNGAMBAKKAM, CHENNAI, HAVING ITS UNIT AT PENNAPALLI VILLAGE, PELLAKUR MANDAL, SPSR NELLORE DISTRICT, REP. BY ITS DIRECTOR M.CHANDRA SEKHAR REDDY. ...PETITIONER AND 1. THE SOUTHERN POWER DISTRIBUTION COMPANY OF A P LTD, (APSPDCL), REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, SRINIVASAPURAM, TIRUCHANUR ROAD, TIRUPATI, CHITTOOR DISTRICT. 2. THE CHIEF GENERAL MANAGER R IA, SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD., CORPORATE OFFICE, SRINIVASAPURAM, TIRUCHANUR ROAD, TIRUPATI, CHITTOOR DISTRICT. 3. THE SUPERINTENDING ENGINEER OPERATION CIRCLE, THE SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD., NELLORE, SPSR NELLORE DISTRICT. 4. THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE, THE SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD., NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 2 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent authorities more particularly the action of the respondents 1 and 2 in considering the proposal for adjustment of excess security deposit for the year 2014-15 against CC charges due to the load of the service which was derated from 12000 KVA to 500 KVA which became effective from 22.9.2015 as illegal and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondent authorities to adjust the excess security deposit amount of Rs.5,05,00,0901- available with them for the bills of the months of August and September 2015, without disconnecting the power supply to the petitioner's Service Connection No.NLR406 and pass Counsel for the Petitioner: 1. J UGRANARASIMHA Counsel for the Respondent(S): 1. Venkata Rama Rao Kota SC FOR APSPDCL 2. V R REDDY KOVVURI(SC FOR APSPDCL) 3. 4. JAGARLAMUDIKOTESWARIDEVI(SC FORAPSPDCL) WRIT PETITION NO: 42481/2015 Between: 1. M/S. VIKI INDUSTRIES PVT. LTD.,, H.NO.1, KRISHNA STREET, NUNGAMBAKKAM, CHENNAI, HAVING ITS UNIT AT PENNAPALLI VILLAGE, PELLAKUR MANDAL, SPSR NELLORE DISTRICT, REP. BY ITS DIRECTOR M.CHANDRA SEKHAR REDDY. ...PETITIONER AND 1. THE SOUTHERN POWER DISTRIBUTION COMPANY OF A P LTD, (APSPDCL), REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, SRINIVASAPURAM, TIRUCHANUR ROAD, TIRUPATI, CHITTOOR DISTRICT. 3 2. THE CHIEF GENERAL MANAGER R IA, SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD., CORPORATE OFFICE, SRINIVASAPURAM, TIRUCHANUR ROAD, TIRUPATI, CHITTOOR DISTRICT. 3. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, THE SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD., NELLORE, SPSR NELLORE DISTRICT. 4. THE SENIOR ACCOUNTS OFFICER, OPERATION CIRCLE, THE SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD., NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declarifig the action of the 3rd respondent in refusing to adjust CC charges of October 2015 amounting to Rs.43,81,650/- with the excess security deposit of Rs,82,37,201/- lying with the respondent authorities vide proceedings in LR.No.SE/ 0/ NLR/ SAO /JAO-FIT/ UI/ F.N0:406/ D.NO: 1755 / 15, dated 15.12.2015 as illegal and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondent authorities to adjust the excess security deposit amount available with them for the bills of the month of October 2015, without disconnecting the power supply to the petitioner's Service Connection No.NLR406 and pass Counsel for the Petitioner: 1. J UGRANARASIMHA Counsel for the Respondent(S): 1. Venkata Rama Rao Kota SC FOR APSPDCL 2. V R REDDY KOVVURI(SC FOR APSPDCL) 3. 4. JAGARLAMUDIKOTESWARIDEVI(SC FORAPSPDCL) 4 5 The Court made the following ORAL COMMON ORDER: Learned Counsel for the Writ Petitioners submits that during the pendency of these Writ Petitions, the excess security deposit amount of Rs.5,01,10,000/- deposited by the Writ Petitioners were adjusted towards CC charges and intimated to the Writ Petitioners. It is further submitted that since the adjustment has already been done and there is no further claim. Hence these Writ Petitions may be closed. 2. Learned Standing Counsel for the Respondents has submitted that the Written Instructions dated 10.02.2026 furnished by the Superintending Engineer, Operation, APSPDCL, Nellore are placed on record. Copy of it, is supplied to the learned counsel for the Writ Petitioners and the same is taken on record. The relevant portion of the written instructions is usefully extracted hereunder: “Accordingly in the Corporate Office/Tirupathi has issued order for adjustment of excess security deposit towards cc charges of Rs.50110000/- against the said service. As per the order of Corporate Office/Tirupathi this office has adjusted the excess security deposit towards CC charges without waival of late payment charges there on and intimated to the consumer. Further the consumer has made a representation and requested to waive off the Late payment Charges amount of Rs.18314512.53 (One Core Eighty Three Lakhs Forteen Thousand Five Hundred Twelve and praise Fifty Three only) which was shown in monthly Electricity bills” 3. The above extract would indicate that the excess security deposit amount of Rs.5,01,10,000/- deposited by the Writ Petitioners were adjusted towards CC charges and intimated to the Writ Petitioners. In view of the above admission by both the counsel that the excess security deposit amount was adjusted towards CC charges, this Court opines that by keeping these Writ Petitions pending, no purpose would be served. 6 4. Accordingly, these Writ Petitions are closed. No order as to costs. 5. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 18.06.2026 MNR 7 258 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.34016 and 42481 OF 2015 Dt: 18.06.2026 Mnr