M/s. Sri Aruna Industries, v. Eastern Power Distribution Company of Andhra Pradesh
WP/682/2014 · 2025-01-27
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14696 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14696 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
■'nu IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTYSEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 682 OF 2014 Between: M/s. Sri Aruna Industries, (SC.No. HT RJY-1053), Pasalapudi, Rayavaram Mandal, East Godavari District, Rep. by its Managing Partner Chinta Subba Reddy. ...PETITIONER AND
1. Eastern Power Distribution Company of Andhra Pradesh, Limited, Rep. by its Superintending Engineer, (Operation Circle), Rajahmundry - 533
101. The Divisional Engineer, (Operation), A.P.E.P.D.C. Limited, Ramachandrapuram - 533 255. The Assistant Divisional Engineer, Operation, APEPDC Ltd., Anaparthi - 533 342, East Godavari District.
2.
3. ...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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the provisional assessment
order made by the 3'"'^ respondent in Lr.No.ADE/O/APT/Sub-Eng/F Doc TE/ D.No. 1224/ 2013, dated 28.12.2013 and consequential revised provisional assessment
order dated 29.01.2014 vide Lr.No.ADE/O/APT/Sub-Er- F.Doc.TE/D.No.123/14 demanding us for Rs.1,02,46,247/- though the initial provisional assessment order dated 28.12.2013 has been challenged before this Honble Court. Therefore, the revised provisional assessment
order
dated. 29.01.2014 is not valid and the respondents cannot demanding us to pay. the amount under the said revised assessment order dated 29.1.2014 as illegal, arbitrary and unjust and consequently direct the respondent to drop all further proceedings against the petitioner’s service connection bearing SC No. HT RJY-1053 situated at Pasalapudi Village, Rayavaram Mandal, East Godavari forthwith. (Prayer is amended as per the Court Order dated.06.03.2024 vide order passed in lA No.1 of 2023) I.A. NO: 1 OF 2014(WVMP. NO: 551 OF 2014) Between:
1. Eastern Power Distribution Company of Andhra Pradesh, Limited, Rep. by its Superintending Engineer, (Operation Circle), Rajahmundry - 533
101.
2. The Divisional Engineer, (Operation), A.P.E.P.D.C. Limited, Ramachandrapuram - 533 255.
3. The Assistant Divisional Engineer, Operation, APEPDC Ltd., Anaparthi - 533 342, East Godavari District. ...PETITIONERS/RESPONDENTS AND M/s. Sri Aruna Industries, (SC.No. HT RJY-1053), Pasalapudi, Rayavaram Mandal, East Godavari District, Rep. by its Managing Partner Chinta Subba Reddy. ...RESPONDENT/PETITIONER 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 vacate the interim order passed on 9.1.2014 in WPMP.No.750 fo 2014 in WP.No.682 of 2014.
I.A. NO: 2 OF 2014(WPMP. NO: 750 OF 2014) ft. 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 direct the respondents to restore power supply to the petitioner's Service connection bearing S.C. No. HT RJY-1053 situated at Pasalapudi Village, Rayavaram Mandal, East Godavari District forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI B. V. ANJANEYULU Counsel for the Respondents: SRI V. V. SATISH (SC for APEPDCL) The Court made the following: ORDER
APHC010183822014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 682/2014 Between: M/s. Sri Aruna Industries, ...PETITIONER AND Eastern Power Distribution Company Of Andhra Pradesh ...RESPONDENT{S) and Others Counsel for the Petitioner:
1.B VANJANEYULU Counsel for the Respondent(S):
1. V V SATISH (SC for APEPDCL) 2.M RAVINDRA The Court made the following:
f
ORDER: This writ petition is filed under Article 226 of the Constitution of India,
1. claiming the following relief;
“To issue writ of mandamus, declaring the provisional assessment
order made by the 3'”'^ respondent in Lr.No.ADE/O/APT/Sub-Eng/F Doc TE/D.No.1224/2013 dated 28.12.2013 and consequential revised provisional assessment
order dated 29.01.2014 vide demanding Rs.1,02,46,247/- though the initial provisional assessment order dated 28.12.2013 has been challenged before the Court. Therefore, the revised provisional assessment order dated 29.01.2014 vide Lr.No.ade/o/apt/Sub-Er/F.Doc.TE/D.No.123/14 is not valid and the respondents cannot demand us to pay the amount under the said revised assessment order dated 29.01.2014 as illegal, arbitrary, unjust and consequently direct the respondents to drop all further proceeldings against the petitioner’s service connection bearing SC No.HT RJY-1053 situated at Pasalapudi Village, Rayavaram Mandal, East Godavari forthwith” F.Doc.TE/D.No.123/14 Lr.No.ADE/O/APT/Sub-Er f Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to pass Final Assessment Order pursuant to the Provisional Assessment Order dated 28.12.2013.
2.
nm Learned Standing Counsel for APEPDCL readily agreed to the submission made by the learned counsel for the petitioner and submitted that the respondents - authorities would pass Final Assessment Order.
3. In view of the mutual understanding arrived by and between both the Counsel, this Court deems it appropriate to dispose of the writ petition, without touching the merits of the case, directing the respondents to pass Final Assessment
Order pursuant to the Provisional Assessment
Order in
4. V Lr.No.ADE/O/APT/Sub-Eng/F Doc TE/D.No. 1224/2013 dated 28.12.2013 in compliance of Section 126 and Section 135 of the Electricity Act, within thirty (30) days from the date of receipt of copy of this order, in accordance with law.
5. With the above, writ petition is disposed of. No costs.
6. Consequently, miscellaneous applications pending if any, shall stand closed. Sd/- SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The Superintending Engineer, (Operation Circle), Eastern Power Distribution Company of Andhra Pradesh, Limited, Rajahmundry - 533
2. The Divisional Engineer, (Operation), A.P.E.P.D.C. Limited, Ramachandrapuram - 533 255. ^The Assistant Divisional Engineer, Operation, APEPDC Ltd., Anaparthi ■LK 533 342, East Godavari District.
4. One CC to Sri B. V. Anjaneyulu, Advocate [OPUC]
5. One CC to Sri V. V. Satish, (SC for APEPDCL) Advocate [OPUC]
6. Three C.D. Copies. Cnr
T HIGH COURT DATED:27/01/2025 \
ORDER 1 1 FEB 2025 <5,^ . Current deciion SespATcwSS^ WP.No.682 of 2014 DISPOSING THE W.P.
WITHOUT COSTS