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2026 DAILYLAW 11030 (AP)

M/S SUNDARAM ALLOYS LIMITED, v. Eastern Power Distribution Company of Andhra Pradesh Ltd

WP/29927/2015 · 2026-09-16

Venkateswarlu Nimmagadda

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Judgment text

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APHC010360232015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29927 OF 2015 Between: 1. M/S SUNDARAM ALLOYS LIMITED,, Plot No.13& 13A, Western Sector, APSEZ,AtchutapuramMandal, Visakhapatnam District.Rep. by its Accounts manager, Sri.Vikash Goenka With Service Connection No.HT VSP 1205 ...Petitioner AND 1. Eastern Power Distribution Company of Andhra Pradesh Ltd, P&T Colony, Seethammadhara, Visakhapatnam, represented by its Chairman and Managing Director. 2. The Superintendent Engineer Operations Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd. Visakhapatnam. 3. The Senior Accounts Officer Operations Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd. Visakhapatnam ...Respondents 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 2 nature of Writ of Mandamus declaring the actions of respondents in demanding Additional Consumption Deposit from the petitioner by letter Lr. No. SE /0 /SAO /JAO /HT /ACD / D.No.SPL dated 31.05.2015 issued by the 2nd respondent as highly illegal, arbitrary, unjust and contrary to Section 47(5) of the Electricity Act, 2003 and consequently set aside the same IA NO: 1 OF 2015(WPMP 38758 OF 2015 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 to restore the power supply to the petitioner's service connection no.HT VSP 1205 and not to insist for payment of Additional Consumption Deposit from the petitioner pursuant to letter Lr. No. SE /0 /SAO /JAO /HT /ACD / D.No.SPL dated 31.05.2015 issued by the 2nd respondent pending disposal of the above writ petition pending disposal of the above writ petition IA NO: 1 OF 2016(WVMP 27 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 vacate the interim order passed on 15.09.2015 in W.P.M.P. No. 38758 of 2015 in W.P. No 29927 of 2015 Counsel for the Petitioner: CKR ASSOCIATES Counsel for the Respondents: V V SATISH (SC for APEPDCL) The Court made the following order: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29927 OF 2015 ORDER: Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The present Writ Petition is filed declaring the action of the respondents in demanding Additional Consumption Deposit from the petitioner by letter dated 31.05.2015 issued by the respondent No.2 as illegal, arbitrary and contrary to Section 47(5) of the Electricity Act, 2003. 3. Pending the Writ Petition, the petitioner herein addressed the entire ACD (Additional Consumption Deposit) amount. Subsequently, contract load was enhanced from 70 KVA to 49000KVA and petitioner paid the entire amount as required and as demanded by the respondents. 4. On the other hand, learned Standing Counsel for the respondents furnished written instructions dated 08.09.2026 issued by the respondent No.2, wherein, it is specifically stated as follows: “As per the Hon’ble Court directions load dreaded to 70 KVA. ACD notice amount Rs.2,73,95,800/- as per court case has not paid. Subsequently load enhanced from 70 KVA to 49000KVA in phased manner by paying the ACD amounts and as of now 4 present ACD available for Rs.31,53,24,100/- and load 49000 KVA as follows: Change Date New Contract Load Old Contract Load 26.03.2026 49000 40000 17.01.2025 40000 35000 10.05.2024 35000 9000 01.01.2024 9000 40000 10.10.2018 40000 26000 24.11.2017 26000 11000 22.09.2017 11000 70 19.03.2016 70 11000 5. In view of the clear and categorical submission made by the learned counsel for the respondents and in view of the written instructions dated 08.9.2026, the claim of the petitioner has already been redressed. Hence, no cause survives and no further orders are necessary. 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 17.09.2026 BSP 5 93 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29927 OF 2015 17.09.2026 BSP