IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36485 OF 2016 Between: Hrudai Aqua Foods Private Limited, rep.by its Managing Director, Indukuri Prasada Rama Mohana Raju, S/o.Janakirama Raju, aged about 57 years, Occ;Agri.business. Flat No.203, Lotus 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, Tirupathi, 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, Read 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 2P^ respondent in his proceedings Lr.No AAO/ERO/PEDANA/ F.ACB/ D.No.43/2015, dated 23-05-2016 for payment of Additional Consumption Deposit of Rs.70,030/- as illegal, arbitrary, ultra- vires and violative of Rule 4(1) and Rule 6(1) and 6(2) of A.P. Electricity Regulatory Commison (Security Deposit) Regulation 2004 and consequently set aside the same. I.A. NO: 1 OF 2016(WPMP. NO: 44942 OF 20161 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the Writ petition, the High Court be pleased to suspend the Impugned Notice for Payment of additional Consumption Deposit of Rs.70,030/- issued by the 2nd respondent in his proceedings Lr.No. AAO/ ERO/ PEDANA/F.ACB/ D.No.43/ 2015, dated 23-05-2016 pending dissposal of the above writ petition in the interest of Justice. may I.A. NO: 1 OF 2017rWVMP. NO: 3458 OF 20171 Between: 1. A.P.Southern Power Distribution Company Limited, Office at Door No 19-13-65/A, Srinivasa Puram, Thiruchanoor Road, Tirupathi, 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. ..PETITIONERS/RESPONDENTS 1 TO 3 AND 1. Hrudai Aqua Foods Private Limited, rep.by its Managing Director, Indukuri Prasada Rama Mohana Raju, S/o.Janakirama Raju, aged about 57 years, Occ:Agri.business. Flat No.203, Opp.Matha General Stores, ASR Nagar, Bhimavaram, West Godavari District. Lotus Ornet, ...RESPONDENT/PETITIONER t- ^ 2. The Secretary, A.P.Electricity Regulatory Commission, (APERC), Singareni Bhavan, Read hills Road, Lakadikapool, Hyderabad ...RESPONDENT/ RESPONDENT (RR2 is not necessary party In this petition) 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. 36485 of 2016 dated 27-10-2016. Counsel for the Petitioner: SRI SAJJA SRIRAMASURYAM Counsel for the Respondent Nos. 1 to 3: SMT. ADARSHITHA (JR. SC FOR APSPDCL) Counsel for the Respondent No.4: SRI SRINIVASA RAO PUTLURI (SC FOR APERC) The Court made the following: ORDER APHC010536902016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] mi THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36485/2016 Between: Hrudai Aqua Foods Private Limited ...PETITIONER AND A P Southern Power Distribution Company Limited and Others ...RESPONDENT(S) 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 :: 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 filed. was 2. 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 the amount was paid, the cause in the writ petition does not survive for adjudication. 3. 4. 5. Given thp, f^cjs 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 cause doesn t survive and no further adjudication is required in the writ petition. 6. Accordingly, the Writ Petition is closed. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. SOI- G. SRINIVAS REDDY DEPUTY REGISTRAR //TRUE COPY// iv SECTION OFFICER To, 1. One CC to Sri Sajja Sriramasuryam Advocate [OPUC] One CC to Sri Srinivasa Rao Putiuri (SC for APERC) Advocate [OPUC] One CC to Smt. Adarshitha (Jr. SC for APSPDCL) Advocate [OPUC] Three CD Copies 2. 3. 4. TF HIGH COURT DATED:01/05/2025 ORDER Of ANO//J^ g nsEP2n?5 '% ^ Current seciion V<. -•ife-' - WP.No.36485 of 2016 <2 'itr ■"' CLOSING THE W.P. WITHOUT COSTS