APHC010581122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13496/2013 Between: 1. M/S. DHANYA STEEL INDUSTRIES PVT. LIMITED,, KUPPAM VILLAGE & MANDAL, CHITTOOR DISTRICT, REP. BY ITS MANAGING DIRECTOR SRI.A.RAMESH, S/O. ASWATHANARAIAH, AGED ABOUT 43 YEARS. ...PETITIONER AND 1. SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, CORPORATE OFFICE, 19-13-65/A, KESAVAYANA GUNTA, TIRUPATHI, CHITTOOR DISTRICT. 2. SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS SUPERINTENDING ENGINEER, OPERATION CIRCLE, KESAVAYANA GUNTA, TIRUPATHI, CHITTOOR DISTRICT. 3. SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS DIVISIONAL ENGINEER, OPERATION, RURAL, CHITTOOR, TIRUPATHI, CHITTOOR DISTRICT. ...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 appropriate Writ, order or direction more particularly in the nature of Writ of MANDAMUS by Declaring the Clause-11 of the High Tension Agreement, dated 21-05-2009 regarding payment of monthly SRS,J W.P.No.13496 of 2013 minimum charges as void, inoperative, arbitrary, illegal, void abi-nitio and not binding on the petitioner and prohibit the Respondent No.1 from invoking or relying upon clause 11 of the High Tension Agreement dated 21-05-2009 in claiming monthly minimum charges from the petitioner and consequently direct the lst respondent to forthwith refund the amounts received on account of minimum contract demand charges, along with applicable bank interest IA NO: 1 OF 2013(WPMP 16549 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 Expedite the date of hearing of the Writ Petition, in the interest of justice Counsel for the Petitioner: 1. B A PRAKASH REDDY Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. The Court made the following ORDER: Heard Sri B.A. Prakash Reddy, learned counsel for the petitioner and Smt. Jyothi Ratna Anumolu, learned counsel for the respondents. 2. The above writ petition was filed by the petitioner, a private limited company and a registered consumer under TPT 413, to declare clause No.11 of the High Tension Agreement, dated 21.05.2009, regarding payment of monthly minimum charges as void, inoperative and illegal. 3. A counter affidavit was filed on behalf of respondents 1 to 3. It was contended, inter alia, that minimum charges are being calculated as per the General Terms and Conditions of the Supply and the agreement dated 21.05.2009. The Andhra Pradesh Electricity Regulatory Commission (APERC) is giving directions to the HT supply consumers regarding electricity consumption and penalties for excess drawal beyond the permitted demand limit and permitted consumption limit as per the APERC guidelines. The consumer has to pay minimum charges as per clause 11 of the agreement. Page 3 of 5 SRS,J W.P.No.13496 of 2013 Respondents are giving wide publicity regarding the implementation of R & C measures. Notices were also served to the petitioner, and an option regarding R & C measures was obtained. The power restriction in the state is temporary. The proceedings issued by APERC vide APREC/Secy./16/2012-13 dated 01.11.2011 are being followed. Eventually, prayed to dismiss the writ petition. 4. Learned counsel for the petitioner would submit that an HT agreement was entered into between the petitioner and the Divisional Electrical Engineer (O), APSPDCL, Chittoor District, on 21.05.2009 and as per clause (11) of the agreement, the petitioner has to pay monthly minimum charges. 5. Be that as it may, respondent No.1 issued guidelines on 17.02.2012, to ensure a regulated power supply. As per the said guidelines, the petitioner’s consumption was limited to 70% during periods other than the peak load period, and demand was limited to 30% during evening peak load hours. Despite the above guidelines, the petitioner consumed only 60% of the permitted load. Learned counsel would further submit that in fact, as and when the load is exceeded, the petitioner was imposed with a value of five times. Thus, learned counsel would contend that clause 11 of the agreement is to be declared as null and void. Consideration: 6. The relief sought in the writ petition is to declare clause No.11 in agreement as null and void. It is not case of the petitioner that he was coerced to enter into the agreement or that the respondent-authorities played fraud on the petitioner. The petitioner entered into the HT agreement with the respondent authorities, with its eyes wide open, and the petitioner is aware of the contents of the agreement. Having entered into an agreement and signed the agreement, the petitioner, unless coercion or fraud is pleaded and established, in the opinion of this Court, cannot ask to declare the clause 11 as null and void. It is not the case of the petitioner, that Clause 11 of the agreement is opposed to public policy and it is violative of any Act or the SRS,J W.P.No.13496 of 2013 Rules made thereunder. The petitioner being an industry, entered into the agreement and availed the power supply. Having availed the power supply based on the terms and conditions in the agreement, in the considered opinion of this Court, the petitioner, cannot contend that Clause 11 of the agreement is null and void. This Court does not find any merits in the case. 7. Hence, this writ petition is dismissed. No costs. However, this order will not preclude the petitioner from pursuing with the authorities regarding the other remedies available to the petitioner. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 26.06.2025 IKN SRS,J W.P.No.13496 of 2013 291 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13496 OF 2013 Date: 26.06.2025 IKN