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2025 DAILYLAW 51675 (AP)

Janakirama Aqua Farms Private Limited v. A.P.Southern Power Distribution Company Limited,

WP/36493/2016 · 2025-04-30

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE . PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY WRIT PETITION NO: 36493 OF 2016 SATTI Between: Janakirama Aqua Farms Private Limited, Indukuri Prasada Rama Mohana Raju, years, Occ.Agri.business. Flat No.203 Stores, ASR Nagar, Bhimavaram, West Godavari District. rep.by its Managing Director, S/o.Janakirama Raju, aged about 57 Lotus Ornet, Opp.Matha General ...PETITIONER/S AND 1. A.P.Southern Power Distribution Company Limited,, Office at Door No. 19-13-65/A, Srinivasa Puram, Thiruchanoor Road, district, rep.by its Managing Director, 2. The Assistant Accounts Officer,, ERO, APSPDCEL Mandal, Krishna District. 3. Assistant Divisional Engineer(Operations), APSPDCL Mandal, Krishna District. Tirupathi, Ghittoor Pedana Post & Pedana Post & 4. The Secretary, A.P.Electricity Regulatory Commission (APERC), Singareni Bhavan, Read hills Road, Lakadikapool, Hyderabad ...RESPONDENT/S Petrtion 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 to issue a writ or order or direction more fully in the nature of Writ of Mandamus declaring that the Action of the respondents in issuing the impugned Notice i respondent in his issued by the 2nd proceedings Lr.No. AAO/ERO/PEDANA/ F.ACB/ D.No.43/2015 dated 23-05-2016 Consumption Deposit of Rs. for payment of Additional 1,03,670/- as illegal, arbitrary, ultra-vires and violative of Rule 4(1) and Rule 6(1) and 6(2) of A.P. Electricity s Regulatory Commission (Security Deposit) Regulation 2004 and consequently set aside the same . I.A. NO: 1 OF 2016(WPMP. NO: 44950 OF 2016) 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 suspend the Impugned Notice for payment of additional Consumption, Deposit of Rs.1,03,670/- issued by the 2nd respondent in % his proceedings Lr.No. AAO/ERO/PEDANA/F.ACB/D.No.43/2015, dated 23-05-2016. Counsel for the Petitioner: SRI SAJJA SRIRAMASURYAM Counsel for the Respondents: VENKATA RAMA RAO (SC FORAPSPDC f V The Court made the following OR0ER: T r I ;^pHC010626892016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36493/2016 THE Between; janakirama Aqua Farms Private Limited AND ...PETITIONER Limited and ...RESPONDENT{S) p Southern Power Distribution uompany Others Counsel for the Petitioner: 1. SAJJA SRIRAMASURYAM counsel for the Respondent(S); 1.SRINIVASA RAO PUTLURI R REDDY KOWURI (SC FOR APCPDCL) 3.JAGARLAMUDIK0TESWARIDEVI(SC FORAPSPDCL) 2.V The Court made the following; :; ORDER :: No. 2 vide by respondent the notice issued Impugning Lr.No.AAO/ERO/PEDANA/f.acb/d.No.43/2015, dated 23.05.2016, for payment ^ of additional consumption deposit, is illegal and arbitrary and also violative of Rule 4(1), 6(1) and 6(2) of the Andhra Pradesh Electricity Regulatory > Commission (Security Deposit) Regulation 2004, the above writ petition was filed. 2. An interim order not to disconnect the of the demanded that the deposit petitioner and also subject to None appeared for the was passed on 27.10.2016 directing the respondents subject to deposit of It was further observed power connection of the petitioner, amount, within four (04) weeks. IS without prejudice to the rights and contentions of the the outcome of the writ petition. 3. petitioner. 4. Smt. Adarshitha learned Junior submit that Standing Counsel appearing for respondents 1 to 3 would paid the entire amount pending the writ petition the petitioner voluntarily. Since the entire amount has been respondent authorities have paid, the any further action, in pursuance of the not taken order impugned in the writ petition amount was paid, the adjudication. \ A .1 ^ VVUUlU aiso submit that since the petition does not survive for 5. Given the facts and ci was paid by the petitioner, i circumstances of the case and since the in pursuance of the aforementioned not taken any further steps no further adjudication amount notice and, the for disconnection, the required in the respondent authorities have cause doesn’t survive and IS petition. writ 6. Accordingly, the Writ Petition Miscellaneous is closed. No order as to costs. ’ case, shall stand petitions, if any pending closed. * raja BARI I assistantregistrar \3 SECTION OFFICER //true copy// To, 3 lopycj p.4ir“ ”'fsssjk*'fOPUCJ HIGH COURT DATED:01/05/2025 ORDER WP.No.36493 of 2016 5 0 3 ncr ?fl?5 f Current action ^ CLOSING THE WRIT PETITION WITH NO COSTS