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2025 DAILYLAW 6098 (AP)

Lanco Kondapalli Power Limited, v. Andhra Pradesh Power Coordination Committee,

WA/89/2025 · 2025-03-10

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^ MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE — AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI^ WRIT APPEAL NO: 89 OF 2025 Writ Appeal under Clause 15 ofthe Letters Patent preferred against the order dated 31.12.2024 passed in W.P.No. 25317 of 2011 on the file of the High Court. Between: th floor, Mahavir Lanco Kondapalli Power Limited, Currently at 4 Radiance, Madhapur, Hyderabad - 500 081, Telangana Represented by its director Sri Sunil Kumar Saraf. Earlier at: Plot No 4, Softsol Building Software Units Layout HITECH City Madhapur, Hyderabad - 500 081 ...Appellants " AND 1. Andhra Pradesh Power Coordination Committee, Vidyut Soudha, Vijayawada Rep by its Chief Engineer (Commercial) 2. Transmission Corporation of Andhra Pradesh Ltd., 48-12-16,Vidyut Soudha, Gunadala , Vijayawada, Andhra Pradesh, India - 520004. 3. Central Power Distribution Company of Andhra Pradesh Ltd., Rep by its Managing Director Corporate Office Beside Govt. Polytechnic, ITI Road, Vijayawada, Andhra Pradesh, India - 520008 4. Southern Power Distribution Company of Andhra Pradesh Ltd., Rep by its Managing Director Tiruchanoor Road, Behind Srinivasa Kalyana Mandapam, Kesavayani Gunta, Tirupathi, Andhra Pradesh, India - 517501 5. Northern Power Distribution Company of Andhra Pradesh Ltd., Rep. by its Managing Director, Postal Colony, Hanamkonda, Warangal - 506 001 6. Eastern Power Distribution Company of Andhra Pradesh Ltd., Rep by its Managing Director P and T, COLONY, Seethammadhara, Visakhapatnam, Andhra Pradesh, India-530013 7. The Deputy Chief Controller of Accounts Central Power Distribution Company of Andhra Pradesh Ltd., Rep by its Managing Director Corporate Office, Beside Govt. Polytechnic, ITI Road, Krishna District, Vijayawada, Andhra Pradesh - 520 008 8. Mr. Lagadapati Sridhar, S/o. Sri. L.V.Ramanaidu, Aged about 43 years, R/o. Plot No. 1155, Road No. 54, Jubilee Hills, Hyderabad. (Not a necessary party) ...Respondents lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 Judgment dated 31.12.2024 passed in W.P.No. 25317 of 2011 pending the disposal of the writ appeal. ^ Counsel for the Appellant: SRI D S SIVADARSHAN - Counsel for the Respondent No.1: THE ADVOCATE GENERAL^ Counsel for the Respondent No’s. 2, 3, 5, 6 & 7: SRI V V SATISH ^ Counsel for the Respondent No.4: MR. VENKATA RAMA RAO, SC FOR ^ APSPDCL The Court made the following Judgment: Bench Sr.No:-35 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010055542025 WRIT APPEAL NO: 89 of 2025 ...Appellant Lanco Kondapalli Power Limited Vs. Andhra Pradesh Power Coordination Committee and 7 others ...Respondents ********** Mr. D. S. Sivadarshan Advocate for Appellant Advocates for Respondents The Advocate General, Mr. Venkata Rama Rao Kota, SC for APSPDCL CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 10th March 2025 PC : The present Writ Appeal, under Clause 15 of the Letters Patent, has been preferred against the judgment and order impugned, dated 31.12.2024, passed in W.P.No.25317 of 2011. Learned counsel for the appellant states that even when learned counsel for the petitioner addressed before the learned single Judge that the matter was rendered infructuous, the learned single Judge proceeded to dispose of the writ petition with certain observations, which it is stated go against the interest of the petitioner/appellant herein. 2. Considering the statement of learned counsel for the appellant that the business of M/s. Lanco Kondapalli Power Limited had been 3. 2 HCJ & RCJ W.A.No.89 of 2025 purchased by a new management viz., M/s. Radha Vasavi Assets LLP as a going concern, it is not out of place to mention that the present writ petition bearing No.25317 of 2011 was filed as early as in the year, 2011, whereas the business of LANCO Kondapalli Power Limited was purchased by the said M/s. Radha Vasayi Assets LLP as a going concern in an auction conducted during the IBC proceedings. 4. Learned Advocate General appearing for the respondents. however, does not have any objection if the judgment and order impugned is set aside with a simple observation that the matter is rendered infructuous. 5. In that view of the matter, considering the statement made by learned counsel for the parties, we set aside the judgment and order impugned, dated 31.12.2024, passed in W.P.No.25317 of 2011, and hold that the controversy in the writ petition had been rendered infructuous, which did not require any further adjudication. 6. The Writ Appeal is, accordingly, disposed of. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chief Engineer (Commercial)Andhra Pradesh Power Coordination Committee, Vidyut Soudha, Vijayawada 2. The Chairman & Managing Director,Transmission Corporation of Andhra Pradesh Ltd., 48-12-16,Vidyut Soudha, Gunadala , Vijayawadar" Andhra Pradesh, India - 520004. c 3. The Managing Director, Central Power Distribution Company of Andhra Pradesh Ltd., Corporate Office Beside Govt. Polytechnic, ITI Road, Vijayawada, Andhra Pradesh, India - 520008 4. The Managing Director, Southern Power Distribution Company of Andhra Pradesh Ltd., Tiruchanoor Road, Behind Srinivasa Kalyana Mandapam, Kesavayani Gunta, Tirupathi, Andhra Pradesh 517501 5. The Managing Director, Northern Power Distribution Company Andhra Pradesh Ltd., Postal Colony, Hanamkonda, Warangal - 506 001 6. The Managing Director Eastern Power Distribution Company of Andhra Pradesh Ltd., P and T, COLONY, Seethammadhara, Visakhapatnam, Andhra Pradesh, India-530013 7. The Managing Director, Deputy Chief Controller of Accounts Central Power Distribution Company of Andhra Pradesh Ltd., Corporate Office, Beside Govt. Polytechnic, ITI Road, Krishna District, Vijayawada, Andhra Prsidesh - 520 008 India - of ■jm-- 8. One CC to SRI. D § SIVADARSHAN, Advocate [OPUCJ^ 9. One CC to SRI VVSATISHvAdvocate [OPUC] -- One CC to MR. VENKATA RAMA RAO, SC FOR APSPDCL 10. [OPUC] 11. Two CC to THE ADVOCATE GENERAL, High Court of Andhra Pradesh [OUT] Three CD Copies 12. PRK HIGH COURT DATED:10/03/2025 O* i 11 MAK 2025 ORDER a^ Current Section ^ WA.No.89 of 2025 DISPOSING OF THE W.A. WITHOUT COSTS