Janakirama Aqua Farms Private Limited v. A.P.Southern Power Distribution Company Limited,
WP/36444/2016 · 2025-04-30
Subba Reddy Satti
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 56872 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56872 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH^AMARAVATI (Special OriginaTJurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE* PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36444 OF 2016 Between: Janakirama Aqua Farms 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, Bhimavarami West Godavari Distpet. ...PETITIONER AND
1. A.P. Southern Power Distribution Company Limited, Office at Door 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 No. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the afficlkvit 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. AAO/ERO/PEDANA/ F.ACB/ D.No.43/2015, dated 23-05-2016 for nd respondent in his proceedings payment of Additional Consumption Deposit of Rs. 67,300/- as illegal. arbitrary, ultra-vires and violative of Rule 4(1) and Rule 6(1) and 6(2) of A.P. Electricity Regulatory Commission (Security Deposit) Regulation and consequently set aside the 2004 same. I.A. NO: 1 OF 2016fWPMP. NO: 44895 OF 20161 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 Consumption Deposit of Rs. 67,300/- issued by the 2*^^ respondent in his proceedings Lr.No. AAO/ ERO/ PEDANA/F.ACB/ D.No.43/ 23-05-2016 pending disposal of the above writ petition in the interest of Justice. I.A. NO: 1 OF 2017(WVIVIP. NO: 3453 OF 2017) Between:
1. A.P. Southern Power Distribute 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 Mandal, Krishna District. 3. Assistant Divisional Engineer(Operations) APSPDCL, Pedana Mandal, Krishna District. of additional 2015, dated Post & Post & PETITIONERS/RESPONDENTS 1 to 3 AND
1.
Janakirama Aqua Farms Private Limited, rep.by its Managing Director, Indukuri Prasada Rama MOHa>ia Raju, S/o.Janakirama about 57 Raju, aged Occ.Agri. business Opp.Matha General Stores, ASR Nagar, Bhimavaram, West Godavari District. j. years Flat No.203, Lotus Ornet, ...RESPONDENT/PETITIONER ,(APERC), Singareni Bhavan, Read hilis Road, Lakadikapooi, Hyderabad . 2. The Secretary, A.P. Eiectricity Regulatory Commission
! / I- (RR2 is not necessary in this Petition) ...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.36444 of 2016 dated 27-10-2016. Counsel for the Petitioner: SRI SAJJA SRI RAMASDRYAM Counsel for the Respondent Nos.l 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
APHC010070492016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3331] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36444/2016 Between: ...PETITIONER Janakirama Aqua Farms Private Limited AND ...RESPONDENT(S) A P Southern Power Distribution Company Limited and Others 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:
:: ORDER :: respondent No.2 vide Impugning the notice issued by 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, filed. the above writ petition was
2. An interim order was passed on 27.10.2016, directing the respondents 1 not to disconnect the power connection of the petitioner, subject to deposit of 'A of the demanded amount, within four (04) weeks. It was further observed that the deposit is without prejudice to the rights and
contentions petitioner and also subject to the outcome of the writ of the petition.
3. None appeared for the petitioner.
4. Smt. Adarshitha, learned Junior Standing Counsel respondents 1 to 3 would submit that pending the writ petition, the petitioner paid the entire amount voluntarily. Since the entire respondent authorities have not taken appearing for amount has been paid, the any further action, in pursuance of the
order impugned in the writ petition. She would also submit that since the survive for amount was paid, the cause in the writ petition does not adjudication.
5. Given the facts and circumstances of the was paid by tha petitioner, in case and since the amount 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.
SDI- V.DIWAKAR DEPUTY REGISTRAR ! //TRUE COPY// SECTION OFFICER To,
1. One CC to Sri Sajja Sriramasuryam, Advocate [OPUC]
2. One CC to Sri Srinivasa Rao Putiuri, Advocate [OPUC]
3. One CC to Sri V.V. Satish, SC for APSPDCL [OPUC]
4. Three CD Copies. ssb
high court DATED.01/05/2025
ORDER WP.No.36444 of 2016 CLOSING THE W.P. WITHOUT COSTS ssb