APHC010389902014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2153 OF 2014 Between; Rain Cll Carbon (Vizag) Limited, Having its registered office at 34, Srinagar Colony, Hyderabad-73 and Having its factory at Scindia Road, Naval Base Port, Visakhapatnam, Represented by its authorized signatory, Sri C.H.Krishna Prasad, s/o. Late Sri C.Madhava Rao, aged about 53 years, resident of Hyderabad. ...Petitioner AND 1. Andhra Pradesh Electricity Regulatory, Commission, #11-4-660,4th Floor, Singareni Bhavan, Red Hills, Hyderabad 500004, represented by its Secretary 2. Eastern Power Distribution Company of Andhra, Pradesh Ltd., represented by its Managing Director, having its Corporate Office at P & T Colony, Seethammadhara, Visakhapatnam 3. Superintending Engineer, Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd., Visakhapatnam. 4. Transmission Corporation of A P Limited, Represented by its Chairman & Managing Director, Vidyut Soudha. Hyderabad. ...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 a Writ, one in the nature of a Writ of Mandamus declaring the orders dated 26.10.2012 passed by the 1st respondent in O.P. No. 77 of 2012 determining the surcharge and additional surcharge for FY 2012-13 arbitrary, illegal, contrary to the National Tariff Policy and provisions of Electricity Act, 2003 and to set aside the same consequently and/or otherwise declare the action of respondents 2 & 3 in levying and demanding Cross Subsidy Surcharge from the petitioner company on captive consumption by letters dated 10-12-2013 and 17-1-2014 calling upon the petitioner to pay an amount of Rs.95,78,980/- towards cross subsidy surcharge for captive consumption for the financial year 2012-13 as being arbitrary, illegal and in violation of petitioners rights guaranteed under Art. 14 & 19(1) (g) of the Constitution of India and consequently set aside the order dated 26-10-2012 passed by the 1st Respondent in O.P.No. 77 of 2012 and/or the letters dated 10-12-2013 and 17-1-2014 calling upon the petitioner company to pay an amount of Rs.95,78,980/- towards cross subsidy surcharge. as company lA NO: 1 OF 2014fWVMP 1086 OF 20141 Between: 1. Eastern Power Distribution Company of Andhra, Pradesh Ltd., represented by its Managing Director, having its Corporate Office at P & T Colony, Seethammadhara, Visakhapatnam 2. Superintending Engineer, Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd., Visakhapatnam. Petitioners/Respondents AND 1. Rain CM Carbon (Vizag) Limited, Having its registered office at 34, Srinagar Colony, Hyderabad-73 and Having its factory at Scindia Road, Naval Base Port, Visakhapatnam, Represented by its authorized signatory, Sri C.H.Krishna Prasad, s/o. Late Sri C.Madhava Rao, aged about 53 years, resident of Hyderabad. Respondent/Petitioner r ' 2. Andhra Pradesh Electricity Regulatory, Commission, #11-4-660,4th Floor, Singareni Bhavan, Red Hills, Hyderabad 500004, represented by its Secretary 3. Transmission Corporation of A P Limited, Represented by its Chairman & Managing Director, Vidyut Soudha. Hyderabad. (R3 not necessary party) 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 vacate the interim order passed on dt. 30-01-2014 in WP.MP.No.2618 of 2014 in WP.No.2153 of 2014. lA NO: 2 OF 2014fWPMP 2618 OF 20141 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 the letters dt. 10-12-2013 and 17-1-2014 issued by respondent No.3 to the petitioner calling upon the petitioner company to pay an amount of Rs.95,78,980/- towards cross subsidy surcharge for the Financial Year 2012-13. Counsel for the Petitioner: SRI CH PUSHYAM KIRAN Counsel for the Respondents: SRI V V SATISH (SC FOR APEPDCL) The Court made the following order: APHC010389902014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY. THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2153/2014 Between: TRAIN ON CARBON (VIZAG) LIMITED,, HAVING ITS REGISTERED OFFICE AT 34, SRINAGAR COLONY, HYDERABAD-73 AND HAVING ITS FACTORY AT SCINDIA ROAD, NAVAL BASE PORT, VISAKHAPATNAM, REPRESENTED BY ITS AUTHORIZED SIGNATORY. SRI C.H.KRISHNA PRASAD. S/0. LATE SRI C.MADHAVA RAO, AGED ABOUT 53 YEARS, RESIDENT OF HYDERABAD. ...PETITIONER AND 1.ANDHRA PRADESH ELECTRICITY REGULATORY, COMMISSION, #11-4-660,4TH FLOOR, SINGARENI BHAVAN, RED HILLS, HYDERABAD 500004, REPRESENTED BY ITS SECRETARY 2. EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA. PRADESH LTD., REPRESENTED BY ITS MANAGING DIRECTOR, HAVING ITS CORPORATE OFFICE AT P & T COLONY, SEETHAMMADHARA, VISAKHAPATNAM 3.SUPERINTENDING ENGINEER, OPERATION CIRCLE. EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD., VISAKHAPATNAM. 4.TRANSMISSION CORPORATION OF A P LIMITED, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR. VIDYUT SOUDHA. HYDERABAD. ...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 a Writ, one in the nature of a Writ of Mandamus declaring the orders dated 26.10.2012 passed by the 1st respondent in O.P. No. 77 of 2012 determining the surcharge and additional surcharge for FY 2012-13 arbitrary, illegal, contrary to the National Tariff Policy and provisions of Electricity Act, 2003 and to set aside the same consequently and/or otherwise declare the action of respondents 2 & 3 in levying and demanding Cross Subsidy Surcharge from the petitioner company on captive consumption by letters dated 10-12-2013 and 17-1-2014 calling upon the petitioner company to pay an amount of Rs.95,78,980/- towards cross subsidy surcharge for captive consumption for the financial year 2012-13 as being arbitrary, illegal and in violation of petitioners rights guaranteed under Art.14 & 19(1) (g) of the Constitution of India and consequently set aside the order dated 26-10-2012 passed by the 1st Respondent in O.P.No. 77 of 2012 and/or the letters dated 10-12-2013 and 17-1-2014 calling upon the petitioner company to amount of Rs.95,78,980/- towards cross subsidy surcharge and pass. lA NO: 1 OF 2014(WVMP 1086 OF 2014 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 dt. 30-01-2014 in WP.MP.No.2618 of 2014 in WP.No.2153 of 2014 and pass. NO: 2 OF 2014(WPIVIP 2618 OF 2014 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 letters dt. 10-12-2013 and 17-1- 2014 issued by respondent No.3 to the eptitioner calling upon the pettioner company to pay an amount of Rs.95,78,980 towards cross subsidy surcharge for the Financial Year 2012-13 and pass. Counsel for the Petitioner: 1.CH PUSHYAM KIRAN Counsel for the Respondent(S): 1.SRINIVASA RAO PUTLURI as pay an 2.P ANAND SESHU (SC FOR APEPDCL) 3.0 MANOHER REDDY The Court made the following order: Since there was no representation on behalf of the petitioners when the matter was listed 09.07.2025, the matter was directed to be listed today under the caption ‘for dismissal’. 2. Despite the matter being listed today under the caption Dismissal”, there is no representation for the petitioner. It seems the petitioner is not interested in prosecuting the Writ Petition. For 3. Accordingly, the Writ Petition is dismissed for non-prosecution. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI. CH PUSHYAM KIRAN Advocate [OPUC] \ 2. One CC to SRI. V.V. SATISH, (SC FOR APEPDCL), Advocate [OPUC] 3. One CC to SRI. P ANAND SESHU, Advocate [OPUC] 4. One CC to SRI. O MANOHER REDDY, Advocate [OPUC] 5.One CC to SRI. SRINIVASA RAO POTLURI, Advocate [OPUC] 6. Two CD Copies NM HIGH COURT DATED:11/07/2025 ORDER WP NO. 2153 OF 2014 O^ANOj I l»AU6 2nB I Current S«ciion . ^ DISMISSING THE WP FOR NON PROSECUTION WITHOUT COSTS