APHC010487392013 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: 34199 OF 2013 Between: 1. M/s. Mangalagiri Textile Mills Private Limited, Rep. by its Chairman, Dr. G. Nagasaina Rao, A company registered under Companies Act, jHaving its registered office at H.No.2-2647/276, Srinivasa Nagar Colony, Baghamberpet, Hyderabad - 500 013. 2. Dr. G. Nagasaina Rao, S/o. Late Mr. G. Viswanadham, Aged 54 years, Occ: Chairman, M/s.Mangalagiri Textile Mills Private Limited, R/o. H.No.2-2647/276, Srinivasa Nagar Colony, Baghamberpet, Hyderabad - 500 013. ...Petitioners AND 1. The Government of Andhra Pradesh, Rep. by its Principle Secretary, Department of Energy, Secretariat Buildings, Hyderabad. 2. The Andhra Pradesh Southern Power Distribution Company Ltd, Rep. by its Chairman & Managing Director, Tirupathi, Chittoor District. 3. The Superintending Engineer, (Operation Circle), Andhra Pradesh Southern Power Distribution Company, Limited, Guntur, Guntur District. 4. The Chief Engineer, Andhra Pradesh Southern Power Distribution Company Limited, Vijayawada, Krishna District. 5. The Chief General Manager Operation, Andhra Pradesh Southern Power Distribution Company Limited, Tirupathi, Chittoor District. M 6. The Chief Engineer Zone, Company Limited, Vijayawada The Senior Accounts District. 500 004.' Bhavan Andhra Pradesh Southern i> Krishna District. Officer, Circle Office, Power Distribution APSPDCL, Guntur, Guntur ' Rep. by its Red Hills, Hyderabad - -Respondents Petition under Article circumstances stated i 226 of the Constitution of India praying that in the filed therewith the High Court pleased to issue a Writ. Order or direction of Writ of Mandamus' may be particularly one in the nature declare the action of the 2nd month of October, 2012, dated company on 21-11-2013 i respondent in issuing the 26-10-2012 revised bill for the 1st petitioner I Rs.22,74,344/- being illegal the Constitution of India IANQlIOF 2013(\A/pmp received by the in so far arbitrary and violative as imposing penalty of of Articles 14 and f9(i)(g) and consequently set aside the 42562 OPynn same Petition under Section in the affidavit filed i 151 CPC praying that in the circumstances stated in support Of the petition the Hinh ^ grant stay of recovery of Pieased to couvery of penal charges of Rs 22 7a ■ month of October 2012 thmi.nh • ’ '^Posed for the o ^ bill dated 26- 10 2n-io ■ 2nd respondent served on the 1^‘ nofv 10-2012 issued by the °nfhe1 petitioner company on 21-11.2013, pending disposal of the main writ petition. Counsel for the Respondent Counsel for the Respondent Counsel for the Respondent No.iigp for energy No.8: SRINIVASA RAO No.7: VVSATISH (SC for PUTLURI APEPDCL) Respondents: The Court made the folly. ■ ■' KUMAR following order: APHC010487392013 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: 34199/2013 Between: I.IVlis. MANGALAGIRI TEXTILE MILLS PRIVATE LIMITED,, REP. BY ITS CHAIRMAN, DR.G.NAGASAINA RAO, A COMPANY REGISTERED UNDER COMPANIES ACT, HAVING ITS REGISTERED OffFICE AT H.NO.2-2647/276, SRINIVASA NAGAR COLONY, BAGHAMBERPET, HYDERABAD - 500 013. 2.DR. G. NAGASAINA RAO,, S/0. LATE MR. G. VISWANADHAM, AGED 54 YEARS, OCC: CHAIRMAN, M/S.MANGALAGIRI TEXTILE MILLS PRIVATE LIMITED, R/0. H.NO.2-2647/276, SRINIVASA NAGAR COLONY, BAGHAMBERPET, HYDERABAD - 500 013. ...PETITIONER{S) AND 1.THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF ENERGY, SECRETARIAT BUILDINGS, HYDERABAD. 2.THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LTD, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, TIRUPATHI, CHITTOOR DISTRICT. 3.ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY, LIMITED, GUNTUR, GUNTUR DISTRICT. 4.THE"CHIEF engineer, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED, VIJAYAWADA, KRISHNA DISTRICT. 2 SRS,J W.P.No.34199of201? ^ 5.THE CHIEF GENERAL MANAGER OPERATION, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED, TIRUPATHI, CHITTOOR DISTRICT. 6.THE CHIEF ENGINEER ZONE, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED. VIJAYAWADA, KRISHNA DISTRICT. 7.THE SENIOR ACCOUNTS OFFICER, CIRCLE OFFICE, APSPDCL, GUNTUR, GUNTUR DISTRICT. 8.THE ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION, REP. BY ITS SECRETARY, 4TH & 5TH FLOOR, SINGARENI BHAVAN, RED HILLS, HYDERABAD - 500 004. ...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, Order or direction more particularly one in the nature of 'Writ of Mandamus' declare the action of the 2nd respondent in issuing the revised bill for the month of October. 2012, dated 26-10-2012 received by the 1st petitioner company on 21-11-2013 in so far as imposing penalty of Rs.22,74,344/- being illegal, arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently set aside the same and pass. lA NO: 1 OF 2013(WPMP 42562 OF 2013 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 grant stay of recovery of penal charges of Rs.22.74,344/- imposed for the month of October, 2012 through revised bill dated 26- 10-2012 issued by the 2nd respondent served on the ISt petitioner company on 21-11-2013, pending disposal of the main writ petition and pass. Counsel for the Petitioner(S): 1.SRICHARAN TELAPROLU Counsel for the Respondent(S): 1.GP FOR ENERGY 3 SRS,J W.P.No.34199of2013 ■f 2.SRINIVASA RAO PUTLURI 3. V V SATISH (SC for APEPDCL) 4.P VINOD KUMAR The Court made the following order: Heard Sri Ashok, learned counsel representing Sri Sricharan Telaprolu, learnep counsel for the petitioner, Ms. Priyanka, learned counsel appearing for respondents 2 to 7, and Sri P. Srinivas, learned counsel appearing for the 8 th respor dent. The above Writ Petition has been filed impugning the action of the 2"^^ respondent in issuing a revised bill for October, 2022, dated 2. 26.10.2012, imposing a penalty of Rs.22,74,344/- as illegal and arbitrary. ( I 3. The Writ Petition was admitted on 28.11.2013 and an interim order, in W.P.M.P.No.42562 of 2013 was passed, which reads as follows; “There shall be interim direction subject to payment of 50% of the demanded amount by the petitioner, within a period of four (04) weeks from today. In default, it is open for the respondents to take appropriate action.” 4. When the matter is taken up for consideration, Sri Ashok, learned counsel for the petitioner, would submit that the official of the State Bank of India, who initiated proceedings against the petitioner under Insolvency and Bankruptcy Code, 2016, had filed CP(IB)/76/7/AMR/2022 before the National Company Law Tribunal at Amaravati. The said petition was admitted on 4 SRS, J W.P.No.34199of20l3 25.07.2024. The Tribunal appointed Sri Immaneni Eswara Rao, as the Interim Resolution Professional. Learned counsel would submit that due to the developments, no further adjudication is required. 5. Given the facts and circumstances of the case, there is no further adjudication to be required in this writ petition. 6. Accordingly, the Writ Petition is closed, giving liberty to the respondent to make an application at an appropriate forum. There shall be order as to costs. no As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- U SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// 'i w SECTION OFFICER To, 1. One CC to SRI SRICHARAN TELAPROLU Advocate [OPUC] 2. Two CCs to GP FOR ENERGY High Court of Andhra Pradesh [OUT] 3. One CC to SRI SRINIVASA RAO PUTLURI Advocate [OPUC] 4. One CC to SRI V V SATISH (SC for APEPDCL) Advocate [OPUC] 5. One CC to SRI P VINOD KUMAR Advocate [OPUC] 6. Two CD Copies gsg HIGH COURT DATED: 11/07/2025 ORDER WP NO. 34199 OF 2013 a 2 2 SEP 2025 ^ V '''^SgeATfiS^^ CLOSING THE WP WITHOUT COSTS