M/S.Vinayak Steels Ltd v. The Central Power Distribution

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 19474 OF 2010 Between:

M/s.Vinayak Steels Ltd, 97lE.J.P Dharga Rqad, Kothur,Shadnagar(M) ltrlaha boobnagar District,rep.by its Vice President B.K Mandelia ...PETITIONER AND The Central Power Distribution, A.P Limited Rep.by its Managing Director, Mint Compound, Hyderabad, The Superintending Engineer, Operation Cirlce,Central Power Distributlon Company of A.P Limited, IVahabubnagar District, Mahabr6nagar The Senior Accounts Officer, Operation Cirlce,Central Power Distribution Company of A.P, Limited,Mahaboobnagar District Mahaboobnagar A.P. Electricity Regulatory Commission, Rep. by its Secretary,l 1-4-660,4th Floor, Singareni Bhavan, Red Hills, Hyderabad.

,RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction more particularly one in the nature of writ of Mandamus declaring the letter No.APERC/E2OSIDD.DisU2009 dated 22-12-2009 of the 4th respondent and consequential letter No.SE/O/IVBNR/SAO/HT/D.No.222110 dated 16-6-2010 of the 2nd respondent as highly illegal, arbitrary, irrational, unjust, without jurisdiction' and contrary to Section 56(2) of the Electricity act,2003 l.A. NO: 1 OF 201O(WPMP. NO: 24665 OF 2010) 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 suspend the operation of the Letter No.letter No.APERC/E205lDD.

DisV2009 dated 22-12-2009 of the 4th respondent and consequential letter No.SE/O/MBNRySAO/HT/D.No.222l1O dated 16-6-2010 of the 2nd respodent pending disposal of the above Writ Petition.

Counsel for the Petitioner: SRI D.V NAGARJUNA BABY. SENIOR COUNSEL REP., FOR Smt. K JAYASREE, ADVOCATE Counsel forthe Respondent Nos.1 to 3: SRI N SREEDHAR REDDY ( SC FOR TGSPDcL) Counsel for the Respondent No.4: SRI P. PRASAD SC FOR TGERC The Court made the following: ORDER e

-7 HON'BLE MRS JUSTICE SUREPALLI NANDA T PETITION No.19474 ORDER:

Heard Sri D.V.Nagarjuna Babu, learned senior designated counsel representing Smt. K. Jayasree, learned counsel appearing on behalf of the petitioner on record, Sri N.Sreedhar Reddy, learned standing counsel appearing on behalf of the respondent Nos.1 to 3 and Sri P.Prasad, learned standing counsel for TGERC appearing on behalf of the respondent No.4

2. The petitioner approached the Court /seeking prayer as under:

"........to issue a writ or direction more particularly one in the nature oF writ of Mandamus declaring the letter No.APERC/E205lDD.Dist/20Q9, dated 22-122009 of the 4th respondent and consequential letter No.SE/O/MBNR/SAO/HTID. No.222/LO, dated 16.06.2010 of the 2nd respondent as highly illegal, arbitrary, irrational, unjust without jurisdiction and contrary to Section 56(2) of the Electricity Act, 2003 and pass....... "

3. It is represented by the learned counsel appearing on behalf of the petitioner, learned standing counsel appearing on behalf of the respondent Nos.1 to 3 and I

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learned standing counsel appearing on behalf of the respondent No.4 that the present Writ Petition could be disposed of directing the petitioner to make a detailed representation putting-forth the grievance as put-forth in present Writ Petition before the 4th respondent and the 4th respondent shall consider the same in accordance to law by giving an opportunity of personal hearing both to the petitioner and also to the concerned DISCOM authorities within a period of (O4) wEeks thereafter and pass appropriate orders on the said detailed representation to be submitted on bJehalf of the petitioner to the 4th respondent herein.

4.

Taking into consideration the submissions made by all the learned counsel on record and upon consent, the Writ Petition is disposed of directing the petitioner to make a detailed representation putting-forth the grievance as put-forth in present Writ Petition before the 4th respondent within a period of two (O2) weeks from the date of receipt of copy of the order and the 4th respondent shall consider the same in accordance to Iaw by givang an opportunity of personal hearing both

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to the petitioner and also to the concerned DISCOM authorities within a period of (O4) weeks thereafter and pass appropriate orders on the said detailed representation to be submitted on behalf of the petitioner to the 4th respondent.

5. With these above observations, the Wit petition is disposed of. However, there shall be no order as to costs.

As a sequel, the miscellaneous petitions, .. iF any, pending in the Writ Petition shall also stand closed. SD/. A. SRINIVASA REDDY GISTRAR //TRUE COPYil \ OFFICER To, '1 . The Managing Director, Central Power Distribution, A.P Limited lVint Compound, Hyderabad,

2. The Superintending Engineer, Operation Cirlce,Central Power Distribution Company of A.P Limited,Mahabubnagar District, Mahabubnagar

3. The Senior Accounts Officer, Operation Cirlce,Central Power Distribution Company of Limited, Mahabubnagar Mahaboobnagar Dist

4. A.P. Electricity Regulatory Commission, Rep. by its Secretary,l 1-4-660,41h Floor, Singareni Bhavan, Red Hills, Hyderabad.

5. One CC to Smt. K JAYASREE Advocate [OPUC]

6. one CC to SRl. N SREEDHAR REDDY ( SC FOR TGSPDCL) IOPUCI

7. One CC to SRI P. PRASAD SC FOR TGERC [OPUC] Two CD Copies KKS GJP I

HIGH COURT DATED:0510212025 Y rHE SIr 14:

o (I 1B finn 2025

ORDER

g, -a * WP.No.19474 of 2010 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1I 2D (.)