Hrudai Agri Private Limited v. A.P.Soutgern Distribution COmpany Limited,
WP/36559/2016 · 2025-04-30
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54552 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54552 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special OriginalJ^isdiction) ^ THUR^AY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE o o f* PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36559 OF 2016 ^ Between: Hrudai Agri Private Limited, rep by its Managing Director, Indukuri Prasada Rarna Mohana raju, S/o Janakirama Raju, aged about 57 years Occ Aqri Business, Flat No. 203, Lotus Orn^pOpp. Matha General Soters, ASR Naqar Bhimavaram, West Godavari District; ’ ’ ...Petitioner AND Distribution “Company Limited, Office at Door No 1^9/13/65/A, Srinivasa Purara, Jhiruchanoor Road, Tirupathi, Chittoor District, rep by its Managing Director Accounts Officer, ERO, APSPDCEL, Pedana Post and Mandal, Krishna District. 3. Assistant Divisional Engineer(Operations), APSPDCL, Pedana Post and Mandal, Krishna District. 4. The Secretary, A.P. Electricity Regulatory Commission,(APERC) Singareni Bhavan, Read FHllsiRoad, Lakadikapool, Hyderabad. ...Respondents Petition under Article 226 of ihe 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 ordOr or direction more fully in the nature of writ of mandamus declaring that the action of the respondents in issuing the impugned Notice issued by the 2"'" respondent in his proceedings Lr. dated 23.05.2016 for No. AAO/ERO/PEDANA/F.ACB/D.No.'43/2015, payment of Additional Consumption deposit of Rs.7^260/- arbitrary, ultra vires and violative^c^ Rule 4(1) and Rule 6(1) and 6(2) as illegal. of
A.P. Electricity Regulatory Commission (Security Deposit) Regulation 2004 and consequently set aside the same I.A. NO: 1 OF 2016(WPMP. NO: 45020 OF ?niR) Petition under Section 151 CPC praying that in th^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 respondent in his dated consumption deposit of Rs.7,260/- issued by the 2 proceedings nd Lr.No.AAO/ERO/PEDANA/F.ACB/D.No.43/2015 23.05.2016 pending disposal of the above writ petition l-A. NO: 1 OF 2017(WVMP. NO: 3452 OF 2ni7) Between: '•r V '■ Company Limited, Office at Door No Puram. Thiruchanoor Road, Tirupathi, Chittoor District, rep by its Managing Director JT*® Assistant Accounts Officer, ERO, APSPDCEL Mandal, Krishna District. L L’ ^ Pedana Post and Engine^f(Operations), APSPDCL, Pedana Mandal, Krishna District. Post and .• !
...Petitioners/Respondents No.1 to 3 AND Limited, rep by its Managing Director, Indukuri Janakirama Raju, aged about 57 years, Occ Agri Business,- Flat No. 203, Lotus Ornet Opo Matha General Soters, ASR Nagar, BBimavaram, West Godavari’ Dis?r^ct ■■ .. .Respondent/Petitioner
2. The Secretary, A.P. Electricity Regulatory Commission, Singareni Bhavan, Read Hills Road, Lakadikapool, Hyderabad (R2 is not a necessary party in this petition) (APERC) ... Respondents/Respondents
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 vacate the interim order passed in W.P.No. 36559 of 2016 dated 27-10-2016 Counsel for the Petitioner: SRI S^JJA SRIRAMAS URYAM Counsel for the Respondents No;l; 3: SMT. ADARSHITHA Counsel for the Respondent No.2: SRI V R REDDY KOWURI Counsel for the Respondents: JAGARLAMUDI KOTESWARI DEVI (SC FORAPSPDCL) The Court made the following: Order 1 ./ if-’•
APHC010252422016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] si? THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36559/2016 Between: Hrudai Agri Private Limited ...PETITIONER AND A P Soutgern Distribution Company Limited and Others ...RESPONDENTtS) Counsel for the Petitioner:
1.SAJJA SRIRAMASURYAM Counsel for the Respondent(S):
1.SRINIVASA RAO PUTLURI 2.V R REDDY KOWURI (SC FOR APCPDCL) 3.JAGARLAMUDIKOTESWARIDEVI(SC FORAPSPDCL) The Court made the following: i / / :: ORDER :: } \ Impugning the notice issued by respondent No.2 vide 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. An interim order was passed on 27.10.2016, directing the respondents ^ not to disconnect the power connection of the petitioner, subject to deposit of % of the demanded amount, within four (04) weeks. It was further observed that the deposit is without prejudice to the rights and
contentions of the petitioner and also subject to the outcome of the writ petition. None appeared for the petitioner. Smt. Adarshitha, learned Junior Standing Counsel appearing for respondents 1 to 3 would submit that pending the writ petition, the petitioner paid the entire amount voluntarily. Since the entire amount has been paid, the respondent authorities have not taken any further action, in pursuance of the
order impugned in the writ petition. She would also submit that since th^ amount was paid, the cause in the writ petition does not survive for adjudication.
2.
3.
4. Given the facts and circumstances of the case and since the amount was paid by the petitioner, in pursuance of the aforementioned notice and. the respondent authorities have not taken any further steps for disconnection, the doesn’t survive and no further adjudication is required in the writ
5. cause petition. Accordingly, the’Writ Petition is closed. No order as to costs.
6. Miscellaneous petitions, if any pending, in this case, shall stand closed.
Sd/- V DIWAKAR DEPUTY R SECTION OFFICER / //TRUE COPY// To,
1. One CC to SRI SAJJA SRIRAMASURYAM Advocate [OPUC]
2. One CC to SMT. ADARSHITA, Junior Standing Counsel [OPUC] ; JAGARLAMUDI KOTESWARI FORAPSPDCL) Advocate [OPUC]
4. One CC to SRI V R REDDY KOWURI
5. Three CD Copies DEVI (SC Standing Counsel [OPUC] gsg
HIGH COURT DATED: 01/05/2025 \
ORDER WP.No.36559 of 2016 A g( 2 7 OCT 2025 )g \5£gPiia^^ CLOSING THE WP WITHOUT COSTS