APHC010992112017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 40431/2017 Between: 1. MIS. DRA INDUSTRIES LTD.,, REGD OFF: 18/26, 1ST FLOOR, LOGANATHAN NAGAR, 2ND STREET, CHOOLAIMEDU, CHENNAI- 600 094. HAVING ITS FACTORY AT APIIC INDUSTRIAL PARK, UNIT -II, ATTIVARAM VILLAGE, OZILI MANDAL, SPS NELLORE DISTRICT, NAIDUPET - 524 421. REP. BY ITS GENERAL MANAGER(ADMIN, HR&COMM) MR.S.K.RAHIMAN, S/O. KAMAL SAHEB. WITH SERVICE CONNECTION BEARING NO. HT.NLR-522. ...PETITIONER AND 1. SOUTHERN POWER DISTRIBUTION COMPANY, OF ANDHRA PRADESH LTD., REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, 19-13-65/A, SRINIVASAPURAM, TIRUPATI - 517503 2. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, TIRUPATI 3. THE SENIOR ACCOUNTS OFFICER, OPERATION CIRCLE , SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, TIRUPATI. ...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 topleased to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring the action of respondents in 2 not deducting the demand (KVA) and energy (KWh) corresponding to the power purchased by the petitioner through Open Access under Long Term Open Acess Agreement from M/s. Atria Wind Power Private Limited while computing the demand and energy charges for the power supplied by the respondents for the period 21.09.2017 to 01.11.2017 in the C.C.Bills dated 26.10.2017 and 05.11.2017 and consequently levying penal demand and energy charges purported to be on account of the petitioner exceeding Contracted Maximum Demand as arbitrary, illegal, contrary to provisions of the Electricity Act, 2003, contrary to APERC (Interim Balancing & Settlement Code for Open Access Transactions) Regulation, 2006 and Retail Supply Tariff Order of 2017-18 issued by APERC besides violating petitioner's rights guaranteed under Article 14 and 19(1) (g) of Constitution of India and consequently revise the impugned C.0 Bills dated 26.10.2017 and 05.11.2017 and pass IA NO: 1 OF 2017(WPMP 50166 OF 2017 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 take any coercive steps against the petitioner company including disconnection of power supply to the petitioner's service connection HT.NLR-522 pursuant to demand made in the impugned C.C.Bills dated 26.10.2017 and 05.11.2017 to the extent of demand and energy charges on Open Access availed under Long Term Open Acess Agreement from M/s. Atria Wind Power Private Limited dated 28.07.2017 and pass Counsel for the Petitioner: 1. CKR ASSOCIATES 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.40431 OF 2017 ORDER: 1. Learned counsel for the petitioner submits that petitioner-company was incorporated under the provisions of the Companies Act, 1956 and that the plant and machinery of the petitioner-company were subsequently acquired by another company in a bank auction. As of now the petitioner-company not in existences, due to which there are no specific instructions from the petitioner- company to prosecute the matter on merits. In view of the same, the learned counsel submits that the writ petition may be dismissed for non-prosecution. 2. In view of the aforesaid submissions, this writ petition is dismissed for non- prosecution. 3. Consequently, miscellaneous petitions pending, if any, shall also stand dismissed. No costs. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:-28.09.2026 BSM 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.40431 OF 2017 Date: 28-09-2026 W BSM