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2025 DAILYLAW 34561 (AP)

MG PTR, M/S SRK ICE PLANT, KKD, E.G.DIST v. CMD, A.P.E.P.D.C.L., RJY, E.G.DIST & 3 OTHERS

WP/18729/2013 · 2025-06-26

Subba Reddy Satti

body2025

Judgment text

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APHC010536082013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18729/2013 Between: 1. MG PTR, M/S SRK ICE PLANT, KKD, E.G.DIST, IDA RAMANAYYAPETA, KAKINADA., REP BY ITS MANAGING PARTNER B.SATYANARAYANA, S/O:VEERRAJU, 46 YEARS, 4-101, SUNDARANAGAR, NEAR SARPAVARAM JUNCTION, KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. CMD A P E P D C L RJY E G DIST 3 OTHERS, REP. BY ITS CMD, RAJAMUNDRY. 2. ASSISTANT DIVISIONAL ENGINEER OPERATION, APEPDCL KAKINADA. 3. THE DIVISIONAL ENGINEER OPERATION, APEPDCL KAKINADA. 4. THE SUPERINTENDENT ENGINEER 0, APEPDCL, RAJAMUNDRY. .. ...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 order/ direction or any appropriate writ more particularly one in the nature of Writ of Mandamus declaring the action of respondents herein in not repaying Rs.40,474/- (Rupees Forty Thousand Four Hundred and Seventy Four only) paid by the petitioner under Receipt No:189457, Dtd.19-11-2002 pursuant to the Demand Notice issued by the 2nd respondent and also costs of Rs.5,000/- as awarded by the Principal District Judge, Rajamundry in AS No:213/06 as illegal, unjust, arbitrary and consequently direct the respondents herein to repay the above amounts forthwith with interest @ 24% p.a. from the date of payment till realization OR to adjust the same with interest in the future bills of the petitioner ice plant IA NO: 1 OF 2013(WPMP 22900 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 direct the respondents herein to forth with refund Rs.40,474/- (Rupees Forty Thousand Four Hundred and Seventy Four only) paid by the petitioner under Receipt No189457, Dtd.19-11-2002 pursuant to the demand notice issued by the 2nd respondent and also costs of Rs.5,000/- as awarded by the Principal District Judge, Rajamundry in AS No:213/06 with interest @ 24% p.a. from the date of payment in the interest of justice. IA NO: 4 OF 2013(WPMP 147268 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 Counsel for the Petitioner: 1. JITHENDER RAO VEERAMALLA Counsel for the Respondent(S): 1. P ANAND SESHU (SC FOR APEPDCL) The Court made the following order: Since there was no representation on behalf of the petitioner when the matter was listed 25.06.2025, the matter was directed to be listed today under the caption ‘for dismissal’. 2. Despite the writ petition being listed today under the caption ‘for dismissal’, there is no representation for the petitioner either in the forenoon or in the afternoon. It seems the petitioner is not interested in prosecuting the writ petition. 3. Hence, this writ petition is dismissed for non-prosecution. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 27.06.2025 IKN THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18729S of 2013 Date: 27.06.2025 IKN