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2025 DAILYLAW 22274 (AP)

M/s Jindal Stainless Limited v. The State of Andhra Pradesh,

WP/15802/2025 · 2025-07-07

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010314542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15802/2025 Between: 1. M/S JINDAL STAINLESS LIMITED, HAVING ITS REGISTERED OFFICE AT O.P JINDAL MARG, HISAR, HARYANA, -125005 AND HAVING ITS UNIT AT 32KM STONE SKOTA, RD, JINDAL NAGAR, KOTHAVALASA, VIZIANAGARAM WITH SERVICE CONNECTION NO. VZM - 032 REPRESENTED BY ITS AUTHORIZED SIGNATORY RAJENDRA PRASAD PANIGRAHI ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH REP. BY ITS PRINCIPAL SECRETARY 2. THE EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED APEPDCL, VISHAKHAPATNAM REPRESENTED BY ITS MANAGING DIRECTOR, 3. THE SENIOR ACCOUNTS OFFICER, OPERATION CIRCLE, APEPDCL, VIZIANAGARAM 4. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, APEPDCL, VIZIANAGARAM ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of the writ of MANDAMUS declaring the A) Letter vide Lr. No. SE/O/VZM.EE/T/Dy. EE.C and T/AEE.P and C/F.VZM-032/ D.No. 530/25. Dt. 10.04.2025 issued by the Respondent No.4 rejecting the request/application dated 25.03.2025 for deration of the CMD from 17000KVA to 300 KVA purportedly on the premise of Clause 11 of the Agreement of Supply of Electricity at High Tension dated 29.10.2024 as adopted from Clause 5.9.4.2 of General Terms and Conditions of Supply of Distribution and Retail Supply Licensees in AP as sheer unjust, illegal, inherently arbitrary, inconsistent with provisions of Indian Contract Act besides being violative of Articles 14, 19(1)g of the Constitution of India and consequently set aside the same by directing the Respondent DISCOM to forthwith consider deration of Petitioners CMD to 300 KVA without reference to the expiry of the period of one year of agreement of one month notice period and (B) further action of the Respondents in computing, levying and demanding Minimum Consumption Charges proportionate to the CMD of 17000KVA in the CC Bill for the month of May 2025 as sheer unjust, illegal, arbitrary besides being violative of Articles 14, 19(1)g of the Constitution of India and consequently set aside the same and/or pass IA NO: 1 OF 2025 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 may be pleased to direct the Respondents not to take coercive steps pursuant to the CC Bill for the month of May 2025 and subsequent months and/or pass IA NO: 2 OF 2025 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 may be pleased to direct the Respondents to compute the Minimum Monthly Consumption Charges proportionate to the CMD of 300 KVA in the CC Bills against the Service Connection No. VZM-032 and/or pass IA NO: 3 OF 2025 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 may be pleased to direct the Respondents to consider the Petitioner’s application/request for deration of CMD to 300kVA against the Service Connection No. VZM-032 without reference to the Lr. No. SE/OA/ZM.EE/T/Dy. EE.C&T/AEE.P&C/F.VZM-032/ D.No. 530/25. Dt. 10.04.2025 and the period of expiry of either one year of agreement or one month notice period and/or pass Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR ENERGY 2. V V SATISH (SC for APEPDCL) The Court made the following: //TRUE COPY// SUBBA REDDY SATTI,J To, 1. THE STATE OF ANDHRA PRADESH, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH REP. BY ITS PRINCIPAL SECRETARY 2. THE EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED APEPDCL, VISHAKHAPATNAM REPRESENTED BY ITS MANAGING DIRECTOR, 3. THE SENIOR ACCOUNTS OFFICER, OPERATION CIRCLE, APEPDCL, VIZIANAGARAM 4. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, APEPDCL, VIZIANAGARAM 5. Two CD Copies HIGH COURT SRSJ DATED:08/07/2025 ORDER WP 15802/2025