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2025 DAILYLAW 37811 (AP)

BALAJI ENERGY PVT.LTD,HYD v. SPDCL,CHAIRMAN & M.D,CHITTOOR DIST,&ANOT

WA/681/2013 · 2025-08-03

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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4 APHC010663822013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 681 OF 2013 Writ Appeal under clause 15 of the Letters Patent against order dated 26.03.2013 in W.P.No.3267 of 2010 on the file of High Court. Between: Balaji Energy Private Limited,(BEPL) rep. by its Director Sri L.Venkata Rami Reddy, 1-2-234/13/37 & 38, 2'^'^ Floor, Aravind Nagar Colony, Domalaguda, Hyderabad ...APPELLANT/WRIT PETITIONER AND Southern Power Distribution Company Limited of AP (APSPDCL), rep. by its Chairman and Managing Director, Raghavendra Nagar, Kesavayanakunta, Thiruchanur Road, Tirupathi, Chittoor District Andhra Pradesh Electricity Regulatory Commission, (APERC) Rep. by its Secretary, 11-4-660, 4‘^ Floor Singareni Bhavan, Red Hills, Hyderabad A P Small Hydro Power Developers Association, rep. by its Secretary Mr. V. Chandra Sekhar Reddy, {R3 not necessary in this Writ Appeal) 1. 2. 3. ...RESPONDENTS/ RESPONDENTS lA NO: 1 OF 2013(WAMP 1563 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 Respondent to pay the tariff to the Appellant as per 2 Respondent APERC order dated 7.3.2007 i.e., as per the Appellate Tribunal order dated 2.6.2006 i.e., (as per the GOI power purchase price guidelines dated 25.11.1994 an6 incentives as per State Government GOM's No.93 dated 18.11.1997) and Section 3 & Section 61 Proviso of the Electricity Act, i • 2003 along with the arrears from the date of drawl of power with interest at 18% per annum or allow the Appellant to sell the power to 3^^^ parties to which it is entitled as per the order of this Hon'ble High Court in WP No.525/2001 dated 2.7.2007, Hon'ble Supreme Court 5 Judges Constitution Bench order in 2010 4 see 603 in PTC India Ltd Vs. CERC and a^"per the Section 42 of the Electricity Act, 2003 pending disposal of the writ appeal. nd St direct tile 1 lA NO: 1 OF 2014fWAMP 3383 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 direct tile 1®* Respondent to pay the tariff to the Appellant as per 2 Respondent APERC order dated 7.3.2007 i.e., as per the Appellate Tribunal order dated 2.6.2006 i.e., (as per the GOI power purchase price guidelines dated 25.11.1994 and incentives as per State Government GOM's No.93 dated 18.11.1997) and Section 3 & Section 61 Proviso of the Electricity Act, 2003 along with the arrears from the date of drawl of power with interest at 18% per annum or allow the Appellant to sell the power to 3rd parties to which it is entitled as per the order of this Hon'ble High Court in WP No.525/2001 dated 2.7.2007, Hon'ble Supreme Court 5 Judges Constitution Bench order in 2010 4 see 603 in PTC India Ltd Vs. CERC and as per the Section 42 of the Electricity Act, 2003 pending disposal of the writ appeal. nd Counsel for the Petitioner: SRI CH. PUSHYAM KIRAN(Not Present) Counsel for the Respondent No.1: SRI VENKATA RAMA RAO KOTA FOR APSPDCL Counsel for the Respondent No.2: SRI SRINIVASA RAO PUTLURI FOR APERC ,SC , SC Counsel for the Respondent No.3:— The Court made the following : JUDGMENT APHC010663822013 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-4 [3483] AT AMARAVATI WRIT APPEAL NO: 681 of 2013 Balaji Energy Private Limited (BEPL) ...Appellant Vs. Southern Power Distribution Company Limited of AP (APSPDCL) and others ...Respondents ********** Advocate for Appellant: Advocate(s) for Respondent(s): NONE Mr. Venkata Rama Rao Kota [SC for APSPDCL] for R.1 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 4**^ August, 2025 DATE PC : None for the appellant. Even on the previous date of hearing, there was no representation on behalf of the appellant. It appears that the appellant is no longer interested in pursuing the matter. The Writ Appeal is accordingly dismissed for non-prosecution. No order as to costs. 2 HCJ & RC, J WA_681 2013 Miscellaneous applications pending, if any, shall stand closed. Sd./- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SEC OFFICER To, One CC to Sri Ch. Pushyam Kiran, Advocate [OPUC] One CC to Sri Venkata Rama Rao Kota, SC for APSPDCL, [OPUC] One CC to Sri Srinivasa Rao Putiuri, Advocate [OPUC] Two CD Copies 1. 2. 3. 4. ssb HIGH COURT DATED:04/08/2025 JUDGMENT WA No.681 OF 2013 ^ nwGioa B ^ . Currem seciion DISMISSING THE W.A. FOR NON-PROSECUTION WITHOUT COSTS