APHC010298642014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3583/2014 Between: 1. HEMADRI CEMENTS LTD.,, VEDDARI VILLAGE, JAGAYYAPET(M), KRISHNA DISTRICT, PIN 521457, REPRESENTED BY ITS DIRECTOR, SRI D.B. NARAYANA RAO, SON OF SRI RAMA RAO, AGED 65 YEARS, RESIDENT AT 301 BANJARA PETALS, BANJARA HILLS, HYDERABAD 500034. ...PETITIONER AND 1. SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, 19-13/65/A SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI 517 503, REPRESENTED BY ITS MANAGING DIRECTOR. 2. SUPERINTENDING ENGINEER OPERATION, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD., OPP. PWD GROUNDS, VIJAYAWADA 520 002. ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of mandamus, (a) declaring that the action of the Respondents in not complying with the order dated 08.08.2013 of the Regulatory Commission waiving 50% pf the R&C penalties imposed and directing adjustment of the excess amounts paid against subsequent CC bills as arbitrary, illegal and contrary to law; and (b) consequently directing the Respondents to forthwith adjust any amounts in excess of the 50% penalty 2 amounts remaining unadjusted in the subsequent CC bills together with interest at 15% per annum compounded monthly from 22.08.2012 till the date of adjustment in the CC bills; and (c) declaring that the action of the rd Respondent in issuing instructions for disconnection of the Petitioner's electricity supply for alleged nonpayment of instalments for R&C penalties for September and October 2012 without issuing and serving written 15 days' notice to the Petitioner as being arbitrary and illegal; and directing the Respondents to forbear from initiating or effecting disconnection of electricity without complying with the requirements of section 56(1) of the Act at all times in the future; (d) and / or pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case so that justice may be done. IA NO: 1 OF 2014(WPMP 4412 OF 2014 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 direct the Respondents not to disconnect the electricity supply or take any coercive action for non-payment and/or adjustment in subsequent months' CC bills of the amount heretofore paid towards R&C penalties in excess of Rs.41,62,739/-, being 50% of the R&C penalties levied for the months of November 2012 to May 2013, in respect of the Petitioner's service connection No VJA 153 Counsel for the Petitioner: 1. KATRAGADDA GOPAL CHOUDARY Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) 2. N SIVA REDDY(SC FOR APTRANSCO) 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.3583 OF 2014 ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following direction: “to issue an appropriate Writ Order or Direction more particularly one in the nature of mandamus a declaring that the action of the Respondents in not complying with the order dated 08.08.2013 of the Regulatory Commission waiving 50 pf the RC penalties imposed and directing adjustment of the excess amounts paid against subsequent CC bills as arbitrary illegal and contrary to law and b consequently directing the Respondents to forthwith adjust any amounts in excess of the 50 penalty amounts remaining unadjusted in the subsequent CC bills together with interest at 15 per annum compounded monthly from 22.08.2012 till the date of adjustment in the CC bills and c declaring that the action of the rd Respondent in issuing instructions for disconnection of the Petitioners electricity supply for alleged nonpayment of instalments for RC penalties for September and October 2012 without issuing and serving written 15 days notice to the Petitioner as being arbitrary and illegal and directing the Respondents to forbear from initiating or effecting disconnection of electricity without complying with the requirements of section 561 of the Act at all times in the future d and / or pass such other or further orders as this Honble Court may deem fit and proper in the facts and circumstances of the case so that justice may be done” 2. Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 3. The present Writ Petition is filed challenging the action of the respondents in imposing penalty and CC charges, if any, towards with interest @15% from 22.08.2012 till the date of filling of the Writ Petition. 4. Learned counsel for the petitioner submits that, during the pendency of the writ petition, the petitioner-company underwent voluntary liquidation on 14.07.2025 as per the Regulation-14 of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017. Pursuant to the commencement of the voluntary liquidation process, a notification was issued calling upon all the stakeholders to submit their claims against the petitioner- company on or before 13.08.2025. In view of the said voluntary liquidation 4 proceedings, any claim of the respondents against the petitioner-company may be lodged before the liquidator for further adjudication. 5. On the other hand, learned Standing Counsel appearing for the respondents has placed on record, the Written Instructions submitted by the 2nd respondent herein. Wherein, it is stated that as under: “It is to submit that WP.No.3583/2014 of M/S Hemadri Cements, Vedadri, HI.Sc.No.VJA153, released supply of power Dt.01.03.1985. The service is in Live till today i.e on 07.02.2026. The CC bills are paid regularly by the consumer within due date. This case is related to Restriction and Control Measures. The R&C measures of 50% was waiver to this Service No. VJA153. Further balance R&C 50% was adjusted in consumer account Hence there are no arrears pending against consumer account. "The consumer has paid the amounts related to the above mentioned writ petition, and there are no outstanding dues pending with respect to the said WP No. 3583 of 2014." It is therefore submitted that the prayer of the petitioner in WP.No.3583/2014 has been fully complied with. Hence it is requested to examine the matter for closure of pending WP.” 6. In view of the aforesaid Written Instructions, as extracted above, there are no further claims on part of the respondents against the petitioner- company. Therefore, no further orders are required to be passed in this writ petition, and no cause survives for further adjudication. 7. Accordingly, the writ petition is closed. No costs. 8. Consequently, miscellaneous applications pending, if any, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 17-09-2026 BSM 5 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.3583 OF 2014 Date 17-09-2026 W BSM