I -s« IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010575292013 0^0 0S MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA WRIT PETITION NO: 12516 OF 201.? REDDY SATTI Between: Sri Vishnu Shankar Mill Ltd., Vatsavai Mandal, Krishna District Raja Salai, Rajapalayam 626117, having its factory at Gopinenipalem Village, and registered office at PAC Ramasamy Tamil Nadu, represented by its Director s. S. Ramachandra Raja, son of S.N.R. Srirengaraja, aged about 78 resident at Rajapalayam. Sri years ...PETITIONER AND 1. Southern Power Distribution Tiruchanoor Road, Tirupati, Company of Andhra Pradesh Ltd., represented by its Managing Director. 2. Superintending Engineer, Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd., 0pp. PWD Grounds, Vijayawada. 3. Andhra Pradesh Electricity Regulatory Commission Floor, Singareni Bhavan, Red Hills , #11-4-660. 4*'^ Hyderabad 500004. Ltd, #201,2 4. Andhra Pradesh Gas Power Corporation Sarovar Plaza, Secretariat Road, Hyderabad - 500 063 its Managing Director. nd Floor, My Home represented by .RESPONDENTS of India praying that in the . the High Court may be more particularly one Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, pleased to issue an appropriate Writ, Order or Direction, in the nature of mandamus (a) declaring the 31 d Respondent dated 06.05.2010 s proceedings in Lr.No. APERC/E-205/ DD-Dist/2010 as illegal, arbitrary, same; and of the 1®^ unreasonable, irrational and contrary to law and to set aside the consequently and/or otherwise (b) declaring the demands Respondent for regular demand billing months of November 2012 and contrary to law and charges and penal demand charges for subsequent months to be the erroneous, illegal same and to direct the 1 to set aside the nd /2 Respondents to forbear from demand charges and penal demand making such erroneous demands for charges; and (c) directing refund of regular any of any amounts paid by the Petitioner i demands or basis in the meantime pursuant to impugned or orders under coercive threats or otherwise together with compensatory interest; and (d) declaring the action of the 1^72"^^ Respondents and/or their officers in threatening disconnection of electricity the Electricity Act 2003 and such illegal coercive threats requirements of law. 56(1) of to direct the said Respondents to forbear from and/or action with strict compliance with the jA NO: 1 OF 2013(WPMP 15437 OF 2013 Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased to any coercive or charaes h„ , ■ Respondent ,n Letter No APERC/E-205/ DD-Dist/2010 dated 06 05 2010 and/or to stay the operation of the said impugned order dated 06.05.2010 direct the 1« / 2"“ Respondent and its Officers not to take other measures for and the consequent demands. Counsel for the Petitioner: SRI SK.MD.UMAR ABDULLAH representing SRI KATRAGADDA GOPAL CHOUDARY Counsel for the Respondent Nos. 1 & 2: SRI KOTA VENKATA RAMA RAO, SC FOR APSPDCL Counsel for the Respondent No.3: SRI K. SRINIVASA RAO representing SRI SRINIVASA RAO PUTLURI Counsel for the Respondent No.4:M/s. INDUS LAW FIRM The Court made the following: ORDER F I APHC010575292013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] F MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12516/2013 Between: Sri Vishnu. Shankar Mill Ltd.. ...PETITIONER AND Southern Power Distribution Company Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KATRAGADDA GOPAL CHOUDARY Counsel for the Respondent(S): 1.SRINIVASA RAO PUTLURI 2. M/S INDUS LAW FIRM 3.JAGARLAMUDI KOTESWARI DEVI The Court made the following ORDER: Heard Sri Sk.Md.Umar Abdullah, learned counsel representing Sri K.Gopal Choudary, learned counsel for the petitioner, Sri K.Srinivasa Rao, learned counsel representing Sri Srinivasa Rao Putiuri, learned counsel for the 3'^'^ respondent. 2. The above writ petition has been filed to declare the proceedings vide Lr.No.APERC/E-205/DD-Dist/2010 dated 06.05.2010 issued by the 3 respondent, as illegal and arbitrary: to declare the demands of 1®* respondent rd 2 for regular demand charges and penal demand of November, 2012 subsequent to law etc.; directing refund of charges for the billing months months to be erroneous, illegal and contrary petitioner in any of the amounts paid by the pursuance of impugned demands or basis or orders under Otherwise together with coercive threats or compensatory interest; and to declare the action of respondents 1 and 2 and/or their officers electricity supply without threatening disconnection in of notice as required by law as being violative of Section 56(1) of the Electricity Act, 2003 as illegal and arbitrary 3. The writ petition was admitted on 24.04.2013 granted in WPMP No.15437 of 2013 which An interim order was reads as under; “Subject to payment of 50% of the shall not take amount due, the APSPCDL against the petitioner. Any - in this regard, shall be amount payable under this order.’’ any coercive action amounts already paid by the petitioner i duly adjusted against the 4. Today, when the matter is taken up for hearing, both the learned is squarely covered passed by the counsel submit that the i by the order dated 06.04.2016 i learned single Judge of the issue involved in this writ petition i - in W.P.No.14565 of 2010 composite High Court. 5. in WP. No. 14565 of 2010, an order passed by the Andhra Pradesh Elec.no,ty Regulatory Commission vide Lr. No. APERC/E-205/DD dated 06.05.2010 and the -Dist/2010 was under challenge. The said writ petition was allowed proceedings were remitted to Regulatory Commission observed that the impugned order had been opportunity of hearing to the affected the Andhra Pradesh Electricity The learned Single Judge for fresh disposal. passed without affording party, and accordingly, the matter an was remanded for fresh consideration. as per law. 6. Since the issue involved in the present writ petition by the order dated 06.04.2016 i proceedings issued by the 3rd IS squarely covered the impugned respondent vide Lr. No. APERC/E-205/DD- in W.P. No. 14565 of 2010, 3 Dis.2010 dated 06.05.2010, are hereby set aside. The reader is remitted to Wilier f"' '• - noted that the petitioner, in compliance With the rntenm order dated 24.04.2013, has deposited the When the court amount. posed a question regarding the stage of the matter both counsel pleaded ignorance. The learned Andhra Visakhapatnam, is directed to earlier remitted Pradesh Electricity Regulatory Commission dispose of the same as per law, expeditiously. Accordingly, the Writ Petition i 7. IS allowed. Jhejre shall be no order as to costs. As a sequel, the miscellaneous applications, if any pending, shall stand closed. That Rule Nisi has been made absolute as above. Witness the Hon’ble the Chief Justice Sri Dhiraj Singh Thakur on this Monday, Twenty Third day of June, Two Thousand and Twenty Five. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Managing Director, Southern Power Distribution Company of Andhra Pradesh, Ltd., Tiruchanoor Road, Tirupati. 2. Superintending Engineer, Operation Circle, Southern Power Distribution “Oompany of Andhra Pradesh Ltd., Opp. PWD Grounds, Vijayawada. 3. Andhra Pradesh Electricity Regulatory Commission, #11-4-660, 4 Floor, Singareni Bhavan, Red Hills, Hyderabad 500004. 4. The Managing Director, Andhra Pradesh Gas Power Corporation Ltd, Floor, My Home Sarovar Plaza, Secretariat Road, Hyderabad th nd #201, 2 - 500 063. 5. The Andhra Visakhapatnam. 6. The Andhra Pradesh Electricity Regulatory Commission, Adjacent 220/132/33/11 KV AP Carbides Sub Station, Dinnedevarapadu Road, Kurnool. 7. One CC to Sri Katragadda Gopal Choudary, Advocate [OPUC] 8. One CC to Sri Kota Venkata Rama Rao, SC for APSPDCL[OPUC] 9. One CC to Sri Srinivasa Rao Putiuri, Advocate [OPUC] 10. One CC to M/s. Indus Law Firm, Advocate [OPUC] 11. Three CD Copies, ssb Pradesh Electricity Regulatory Commission, to / f HIGH COURT DATED:23/06/2025 ORDER WP No.12516 of 2013 ALLOWING THE W.P. WITHOUT COSTS