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2026 DAILYLAW 10861 (AP)

M/s. Azad Ispat India Pvt. Ltd., v. The Southern Power Distribution Company of A.P.

WP/13756/2016 · 2026-09-15

Venkateswarlu Nimmagadda

Transfer Petitionbody2026

Judgment text

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APHC010758342016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13756/2016 Between: 1. M/S. AZAD ISPAT INDIA PVT. LTD.,, GOLLAPURAM VILLAGE, HINDUPUR MANDAL, ANANTAPUR DISTRICT, REP. BY ITS DIRECTOR , MUSAVIR AZAD ...PETITIONER AND 1. THE SOUTHERN POWER DISTRIBUTION COMPANY OF A P, LIMITED, REP. BY ITS MANAGING DIRECTOR, SRINIVASAPURAM, TIRUPATI, CHITTOOR DISTRICT, ANDHRA PRADESH STATE. 2. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, THE SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD., ANANTHAPUR, ANANTHAPUR DISTRICT ANDHRA PRADESH STATE 3. THE SENIOR ACCOUNTS OFFICER, OPERATION CIRCLE, THE SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD., ANANTHAPUR, ANANTHAPUR DISTRICT ANDHRA PRADESH STATE. ...RESPONDENT(S): 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 toto issue a writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the letter No. SE/O/ATP/SAO/KAP- HT/D.No. 490/16 dated 25.02.2016 of the 2nd respondent as highly illegal, arbitrary, unjust, irrational and contrary to the orders passed by this 2 Honourable Court in W.P. No. 28010/2014 dated 10.04.2015 and consequently, to set aside the same IA NO: 1 OF 2016(WPMP 17182 OF 2016 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 directed the respondents not to disconnect the petitioner's power supply in pursuance of the notice in letter No. SE/O/ATP/SAO/KAP-HT/D.No. 490/16 dated 25.02.2016 of the 2nd respondent for non-payment of a sum of Rs.19,80,000/- adjusted by the petitioner against the monthly bill of March, 2016 dated 26.03.2016 in terms of the orders of this Honourable Court in W.P. No. 28010/2014 dated 10.04.2015, pending disposal of the above writ petition Counsel for the Petitioner: 1. D V NAGARJUNA BABU Counsel for the Respondent(S): 1. Venkata Rama Rao Kota SC FOR APSPDCL 2. V R REDDY KOVVURI(SC FOR APSPDCL) 3. 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.37902 OF 2015 ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following direction: “to issue a writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the letter No SE/O/ATP/SAO/KAPHT/D No 490/16 dated 25 02 2016 of the 2nd respondent as highly illegal arbitrary unjust irrational and contrary to the orders passed by this Honourable Court in W P No 28010/2014 dated 10 04 2015 and consequently to set aside the same” 2. Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 3. The claim of the petitioner is that the 2nd respondents, vide Letter No.SE/O/ATP/SAO/KAP-HT/D.No.490/16, dated 25.02.2016, demanded for payment of the development charges of Rs.19,80,000/-. As the said demanded by the respondents is contrary to the law and alleged to be highly illegal, arbitrary, and unjust. Aggrieved by the said demand, the present Writ Petition is filed. 4. On the other hand, learned Standing Counsel appearing for the respondents has placed on record the Written Instructions submitted by the 3rd respondent herein. Wherein, it is stated that as under:- “5.3.3.1 The amounts payable by the consumer towards development charges of new connection/ additional load under LT and HT categories shall be at the rates notified by the Company with the approval of the Commission from time to time. The consumer shall not be taken up. These charges are non-refundable  Hon'ble APERC while issuing the order dt. 19.07.2013, has stated that "as per the clauseNo.08 under Para-1 of the Reg.04 of 2013, "the Distribution Licensee shall collect development charges subject of 2he provisions of Act and this Regulation and subject to such directions, orders or guidelines, the Commission may issue from time to time/ The Distribution Licensee is authorised to recover from an applicant, requiring supply of electricity, expenses on normative basis towards part of upstream network cost that the Distribution Licensee has already incurred or to be incurred in extending power supply to the applicant". 4 Further it is to inform that the petitioner's company M/s. AZAD ISPAT (Pvt) Limited Hindupur was bill stopped and Dismantled the service on August 2017 and there are no liabilities pending from the service. Hence the case may please be disposed off.” 5. In view of the aforesaid Written Instructions, it is observed that, during the pendency of the writ petition, the service connection of the petitioner- company was dismantled in the year 2017. It is further stated that the entire amount due from the petitioner has been recovered by duly adjusting the same against the security deposit lying with the respondents. As such, no further liabilities remain pending against the petitioner in respect of the service connection. 6. In view of the aforesaid circumstances, no cause survives for further adjudication, and no further orders are required to be passed in this writ petition. 7. Accordingly, writ petition is closed. No costs. 8. Consequently, miscellaneous applications pending if any, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 16-09-2026 BSM 5 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.13756 OF 2016 Date 16-09-2026 W BSM