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2025 DAILYLAW 54829 (AP)

Hrudai Aqua Foods Pvt Limited v. A.P.Southern Power Distribution Company Limited,

WP/36468/2016 · 2025-04-30

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jitrisdiction) C THI^DAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE^'^ PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI^ WRIT PETITION NO: 364fi« OF 'tS! Between: Hrudai Aqua Foods Pvt. Limited, rep. by its Managing Director, Indukuri Prasada Rama Mohana Raju, S/o.Janakirama Raju, aged about 57 years, Occ; Agri. business. Flat No;203YLotus Ornet, Opp.Matha General Stores, ASR Nagar, Bhimavaram, West Godavari District. ...PETITIONER AND 1. A.P. Southern Power Distribution Company Limited, Office at Door No. 19-13-65/A, Srinivasa Puram, Thiruchanoor Road, Tifupathi, Chittoor district, rep. by its Managing Director, 2. The Assistant Accounts Officer, ERO, APSPDCEL, Pedana Post & Mandal, Krishna District. 3. Assistant Divisional Engineer(Operations) APSPDCL, Pedana Post & Mandal, Krishna District. > 4. The Secretary, A.P. Electricity Regulatory Commission, (APERC), Singareni Bhavan, Red hills Road, Lakadikapool, Hyderabad ...RESPONDENTS 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 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 issued by the 2 Lr.No. AO/ERO/PEDANA/ F.ACB/ D.No.43/2015, payment of Additional Consumption Deposit of Rs. nd respondent in his proceedings dated 23-05-2016 for 28,640/- as illegal — * rvPSH '• • arbitrary, ultra-vi A.P. vires and violative Electricity RegCatory Commiss consequently set aside the of Rule 4(1) and Rule 6(1) and 6(2) of 'on (Security Deposit) Regulation and 2004 same. ^^^"-^^^^U-OF20l6tWPMP NO: 4492fi nf i 151 CPC 2016| praying that in the ci Petition under Section stated in the affidavit filed i pleased to circumstances 'n support of the petition, the High Court suspend the Consumption Deposit may be ef additional 'fTipugned Notice ot Rs. 28,640/- i for Payment - issued by the 2'^'^ proceedings Lr.No. 23-05-2016 respondent in his ■ACB/ D.No.43/ 2015 wnt petition in the interest of aao/ eroTpedana/f pending disposal of dated the above Justice. '>■ A.P. Southern Power 19-13-65/a Sr- ■ Limited tjS/A, Srinivasa Puram district, Office at Door No. Thiruchanoor Road, Tirupathi, Chittoor '■®P- ‘’y ils Managing Director Lhe Assistant Accounts IMandal, Krishna District. 3. Assistant Divisional Officer, ERO, APSPDCEL, Pedana Post & Engineer(Operations) APSPDCL Mandal. Krishna District. > Pedana Post & petitioners/respondents 1 to 3 AND Hrudal Aqua Foods- Prasada Rama Mohana PW. Limited, rep. by its Managing Director, S/o.Janakirama Raju Plat No.203, Indukuri years, Occ: Agri. business. General Stores, - aged about 57 Lotus Ornet, Opp.Matha ’ Godavari District. PI , ■ ■^^^^°NDENT/PETmONER Relectnc,|y Regulatory Commission, (APERC) ' ^ Lakadikapool, Hyderabad . ASR Nagar, Bhimavaram 2. The Secreta ry, A.P. Cingareni Bhavan (RR2 is not necessary in this Petition) ...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.36468 of 2016 dated 27.10.2016. Counsel for the Petitioner: SRI SAJJA SRIRAMASURYAM Counsel for the Respondent Nos.1 to 3: SRI V.V.SATISH, SC FOR APSPDCL Counsel for the Respondent No.4: SRI SRINIVASA RAO PUTLURI The Court made the following: ORDER APHC010402842016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BMS [3331] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36468/2016 Between: ...PETITIONER Hrudai Aqua Foods Pvt Limited AND ...RESPONDENT(S) A P Southern Power Distribution Company Limited and Others Counsel for the Petitioner: 1.SAJJASRIRAMASURYAM 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: :: ORDER :: No. 2 vide Impugning the notice issued by respondent 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 filed. 2004, the above writ petition was 2. An interim order not to disconnect the was passed on 27.10.2016, directing the respondents power connection of the petitioner, subject to deposit of >4 of the demanded amount, within four (04) weeks. It was further observed that the deposit is without prejudice to the rights and petitioner and also subject to the outcome of the contentions of the writ petition. 3. None appeared for the petitioner. Smt. Adarshitha, learned Junior respondents 1 to 3 would submit that paid the entire amount voluntarily. Since the respondent authorities have not taken any further action, order impugned in the writ petition. She would also amount was paid, the adjudication. 4. Standing Counsel appearing for pending the writ petition, the petitioner entire amount has been paid, the in pursuance of the submit that since the not survive for in the writ petition does cause 5. Given the facts and circumstances of the was paid by the petitioner, i respondent authorities have not taken cause doesn’t survive and petition. case and since the amount in: pursuance of the aforementioned notice and, the 1 any further steps for disconnection, the no further adjudication is required in the writ 6. Accordingly, the Writ Petition is closed. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. SD/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Sajja Sriramasuryam, Advocate 2. One CC to Sri Srinivasa Rao Putiuri 3. One CC to Sri V.V. Satish 4. Three CD Copies. [OPUC] Advocate [OPUC] SCforAPSPDCL[OPUC] ssb -11 HIGH COURT DATED;01/05/2025 ORDER WP.No.36468 of 2016 ml Co/ g( 2 0 SEP 2025 ^^SClirrtiilS«ct»_!^y*y CLOSING THE W.P. WITHOUT COSTS