APHC010455382022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27856/2022 Between: 1. M/S VUDDANDA SOLAR POWER PRIVATE LIMITED, REGISTERED OFFICE AT HOTEL BLISS, NO. 45, RENIGUNTA ROAD, NEAR RAMANUJA CIRCLE TIRUPATI - 517 501. REP. BY ITS MANAGING PARTNER MR. M. BALAKRISHNA REDDY ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF ENERGY SECRETARIAT VELAGAPUDI, GUNTURDISTRICT. 2. SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, (APSPDCL) REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR 19-13-65/A, SRINIVASA PURAM TIRUCHANOOR ROAD TIRUPATI-517 503. 3. THE CHIEF GENERAL MANAGER FINANCE, APSPDCL 19-13-65/A, SRINIVASA PURAM TIRUCHANOOR ROAD TIRUPATI - 517 503. ...RESPONDENT(S): Counsel for the Petitioner: 1. M/S INDUS LAW FIRM Counsel for the Respondent(S): 2 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR ENERGY The Court made the following: ORAL ORDER: Heard Sri N.V. Sumanth, learned Counsel representing M/s. Indus Law Firm, learned Counsel for the Writ Petitioner and Sri K. Ashok, learned Counsel representing Sri Venkata Rama Rao Kota, learned Standing Counsel for APSPDCL. 2. The prayer sought in the present Wirt Petition is as under: “For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of a Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the Respondents in levying and demanding Cross Subsidy Surcharge (CSS) on the Petitioner vide Lr.No.CGM/FIN/GM(R&IA)/AO- HT/AAO-HT/eO.No.11590/D.No.1054/22 dated 20.06.2022 as arbitrary, illegal and violative of the Art.14,19 and 21 of Constitution of India and consequently to set aside the demand of the Cross Subsidy Surcharge (CSS) on the Petitioner vide Lr.No.CGM/FIN/GM(R&IA)/AO- HT/AAO-HT/eO.No.11590/D.No.1054/22 dated 20.06.2022 and pass such other order or order as this Hon’ble Court may deem fit and proper in the interest of justice and the circumstances of the case.” 3. Learned Counsel appearing for the Writ Petitioner, on Instructions, seeks to withdraw this Writ Petition with liberty to approach the Andhra Pradesh Electricity Regulatory Commission (APERC). 3 4. Having considered the elementary facts of this case, this Court is of the opinion that the request made by the Petitioner to approach the Andhra Pradesh Electricity Regulatory Commission (APERC) is reasonable, inasmuch as the Andhra Pradesh Electricity Regulatory Commission (APERC) would be the Competent Forum to answer the issues raised by the Writ Petitioner herein. 5. Accordingly, the Writ Petition is dismissed as Withdrawn, with liberty to approach the Andhra Pradesh Electricity Regulatory Commission (APERC) within a period of eight (08) weeks from today. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 17.11.2025 DSV 4 73 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27856/2022 17.11.2025 DSV 5 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 27856/2022 PROCEEDING SHEET Sl. No DATE ORDER Office Note 07. 17.11.2025 GRKP, J Writ Petition is dismissed as withdrawn. (vide separate order) ___________ GRKP, J DSV 6