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2025 DAILYLAW 6675 (AP)

G K R BOARDS v. THE EASTERN POWER DISTRIBUTION COMPANY OF AP LTD

WP/3287/2025 · 2025-02-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATi (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3287 OF 2025 Between: G K R Boards, rep. By its Managing Partner, G.Siavarama Krishna Prasad, S/o. Koteswara Rao R.S.No. 592 Pangidigudem Road, Jangareddigude m, Eluru Dist ...PETITIONER AND 1. The Eastern Power Distribution Company of AP Ltd, Rep, by its Chairman and Managing Director Sitamdara, Visakhapatnam. 2. The Superintending Engineer, operation Circle, Vidyut Bhavan, R.R.Peta, Eluru. 3. The Executive Enginner E.P D.C.L, (operation) Jangareddygudem , Eluru District. 4. The Deputy Executive Engineer, E.P D.C.L, Jangareddygudem, Eluru District. (operation) ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order direction u more particularly one in the nature of Writ of Mandamus declare the proceedings of 2nd respondent in his 2nd respondent in his Lr.No.SE/0/ELR/AO(Fin)/AAO(Fin)/JAO(Rev)SA- HTHT/D.No.32/25,Dt.22.01.2025 as illegal arbitrary and contrary to the rules consequently direct the respondent to provide installments for payment of outstanding amount of Rs. 17,71,723/- as per the demand notice dated 09.01.2025. 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 stay of all further proceedings including disconnection of power supply to the petitioner establishment i.e, HT SC No.575, M/s GKR boards, Jangareddygudem, Eluru district pending disposal of the above writ petition. Counsel for the Petitioner: SRI P R K AMERANDRA KUMAR Counsel for the Respondents: SRI V V SATISH (SC FOR APEPECL) The Court made the following: ORDER APHC010063332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] ■ FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3287/2025 Between: G K R Boards ...PETITIONER AND The Eastern Power Distribution Company Of Ap Ltd and ...RESPONDENT(S) Others Counsel for the Petitioner: 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1. The Court made the following: V THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.3287 of 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “....to issue order, direction more particularly one in the nature of Writ of MANDAMUS declare the proceedings of 2 nd respondent In respondent in his Lr.No.SE/0/ELR/AO(Fin)/ AAO(Fin)/JAO(Rev)SA.HT/D.No.32/25,Dt.22.01.2025 as illegal, arbitrary and contrary to the rules consequently direct the respondent to provide installments for payment of outstanding amount of Rs.17,71,723/- as per the demand notice dated 09.01.2025 and to 2nd his pass such other order or orders 2. Heard learned counsel for the petitioner and Sri V.V.Satish, learned Standing Counsel for the respondents. Learned counsel for the petitioner submits that the petitioner herein is the managing partner of G.K.R boards situated at R.S.No.592 of Jangareddigudem, West Godavari district and is running a Doors manufacturing unit at the subject premises. For which, the petitioner herein entered into an agreement with the respondents for providing HT connection for a period of three (03) months and the same was also extended for a period of one month. While things stood thus, now the respondents issued a demand notice dated 09.01.2025 stating that for regularization of HT connection to the petitioner pursuant to the agreement entered between them. 3. service Due to non-payment of regularization demanded amount, the HT connection was disconnected on 08.10.2024. Further, the respondents issued impugned notice dated 09.01.2025 informing the petitioner to submit his explanation as well as regularize HT service connection by paying an amount of Rs.17,71,723/- towards outstanding amount, failing which, the HT agreement entered into shall be terminated without further notice. Learned counsel for the petitioner further submits that since from the date of inception, the petitioner’s industry has been running without any default towards payments of the electricity charges to the respondents. Further, for regularization of his HT service connection, the petitioner is ready to pay the amount demanded by the respondents vide proceedings dated 09.01.2025 and requested installments by way of representation dated 22.01.2025. Even after receipt of the said representations, respondent authorities neither considered the same nor replied to the petitioner. Hence, 4. the writ petition. On the other hand, learned Standing Counsel appearing for the respondents submits that let there be a direction to the petitioner to pay 50% out of the total amount demanded vide proceedings dated 09.01.2025, within a reasonable time and thereafter, remaining balance amount to be payable by the petitioner in two equal monthly installments. 5. Having considered the submissions made by the learned counsel for the petitioner and learned Standing Counsel for the respondents, in view of 6. r Is% the facts and circumstances of the case and without going into merits of the this Court is of the considered view that the present writ petition can be case, disposed of, directing the petitioner to pay 50% amount out of the total amount demanded vide proceedings dated 09.01.2025 within a period of two (02) weeks from today. Thereafter, the remaining 50% amount shall be paid by the petitioner in two equal monthly installments along with regular electricity charges to the respondents. After receipt of 50% of the demanded amount by the respondents, the respondents shall not proceed with any action against the petitioner pursuant to the notice dated 09.01.2025, much less, not to terminate the HT agreement which is in force between the petitioner and the respondents. With the above directions, the writ petition is disposed of. There shall be 7. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chairman and Managing Director, Eastern Power Distribution Company of AP Ltd, Sitamdara, Visakhapatnam. 2. The Superintending Engineer, operation Circle, Vidyut Bhavan, R.R.Peta, Eluru. 3. The Executive Enginner E.P D.C.L, (operation) Jangareddygudem , Eluru District. 4. The Deputy Executive Enginner E.P D.C.L, (operation) Jangareddygudem, Eluru District. 5. One CC to Sri P R K Amerandra Kumar Advocate [OPUC] 6. One CC to Sri V V Satish (SC for APEPDCL), Advocate [OPUC] 7. Three CD Copies TF HIGH COURT DATED:07/02/2025 ORDER WP.No.3287 of 2025 and«^ £P * 1 1 FEB 2025 a^ » Current Section . ' DISPOSING OF THE W.P., WITHOUT COSTS