Sreerayalaseema Green Energy Ltd., v. Southern Power Distribution Company Of Andhra Pradesh

HON'BLE SRI JUSTICE S.V.BHATT W.P.No.17912 OF 2014 ORDER:

The petitioners pray for the following relief: ".... (a) declaring the demands of Rs 2,87,74,537/- towards cross subsidy surcharges for the period from April 2005 to March 2011, Rs, 1,84,03,509/-towards differential wheeling charges for the period from April 2005 to March 2011 and .

Rs 19,49,547/- towards recovery of excess payments in power purchase bills and all further amounts thereon by way of interest or otherwise as being arbitrary, illegal and contrary to law and to consequently set aside the same and to direct the Respondents to wheel the Petitioner's energy to the Petitioner's scheduled consumers without interruption or hindrance; and (b) declaring the actions of the Respondents in stopping of wheeling for the months of May and June 2014 as being coercive, vindictive, retributive and arbitrary, and contrary to law; and (c) declare that the Respondents have no power or authority to stop wheeling of the Petitioner's energy by ,nondelivery and/or accounting to the Petitioner's scheduled consumers and/or to appropriate to themselves the Petitioner's energy as a measure of coercion for recovery of alleged dues or for any other reason, and to direct the Respondents to forbear from such action or conduct; and (d) directing the Respondents to refund all the amounts collected against the impugned demands together with interest at 18% p.

a.; and (e) directing the Respondents .to forthwith pay the amounts payable to the Petitioner in terms of the orders in CA 1376-1385 of 2013 of the Hon'ble Supreme Court and which is being with-held against the impugned demands together with interest thereon..."

This Court after hearing both sides on 26.08.2014, passed the following interim order:

"Though the learned Standing Counsel stated that the petitioner has accepted for the amount and was agreeable to pay the amount in instalments, but the letter issued by the petitioner shows that the same was paid under protest, as such, it cannot be said that the petitioner has accepted the demand.

In view of above facts and circumstances, there shall be an interim direction to the respondents on condition of the petitioner depositing Rs.1 Crore towards Cross Subsidy Surchage and starting from September,2014 pending finalization of the issue by the Committee to be constituted, as per the proceedings dated 30.05.2014. However, this order will be subject to further determination of the amounts by the Committee and that the petitioner shall pay the balance amount, after determination of the same by newly constituted committee."

The petitioners filed the instant writ petition complaining coercive steps by respondents pending consideration and submission of report by Committee constituted vide proceedings dated 30.05.2014. It is matter of fact, the petitioners have complied with the conditions imposed by this Court in WPMP No.22455 of 2014 and that since report is already submitted and this Court has issued directions to respondents to furnish copy of report, afford opportunity to petitioner before a decision is taken, the grievance in the writ petition need not be considered separately and interim order is made final order. The writ petition is ordered and consider re-determination of issues covered by this writ petition, keeping in view the decision of APERC. The respondents are directed to complete the re-determination within four weeks from today, issue

revised bills and settle the accounts of petitioner in six weeks. No order as to costs.

___________ S.V.BHATT,J Date: 23.12.2016 Stp