M/S My Home Industries Ltd., v. State Load Dispatch Centre,

132521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVIONDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 2290 OF 2014 Between:

Mis My Home lndustries Ltd., Regd. office fr4y Home Hub, Block-3, 9th Floor, Madhapur, Hyderabad - 500 081 Rep. by its Company Secretary and Sr. General Manager (Legal), ShriB.MuralidharaRao. ...PETITIONER AND State Load Dispatch Centre, rep., by its Chief Engineer, APTRANSCO, Vidhyut Soudha, Hyderabad

2. Central Power Distribution Company of Andhra Pradesh, Ltd., Mint Compound, Secretariat Road, Hyderabad. representedby its lvlanaging Director.

3. Eastern Power Distribution Company of Andhra Pradesh, Ltd., P&T Colony, Seethammadhara, Visakhapatnam 53001 3, represented by its [Vlanaging Director.

RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ in the nature of a Writ of Mandamus or any other appropriate writ, direction or order declaring the action of the respondents in introducing Format A and Format B in the place of Format in Annexure-l prescribed by APERC under Regulation-2 of 2005 for applying to Nodal Agency for issuance of No Objection Certificate for availing and sale of open access Energy as wholly arbitrary, illegal without jurisdiction and void and consequently direct the respondents to follow Format given in Annexure-l to Regulation-2 of 2005 to issue no objection Certificate l.A. NO: 1 OF 2014{WPMP.

NO: 2791 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 1st respondent to issue No Objectiorl Certificate/ Standing Clearance to the petitioner for the service connection bearing No.

purchase of Energy from IEX through the Trader Ws. Reliance Energy Trading Limited, and to purr;hase Energy through IEX to M/s. Reliance Energy Trading Limited for the service connection bearing No.VSP-718 without insisting for production of No Dues Certificate" from the 2nd and 3rd respondent DISCOMS Counsel for the Petitioner: M/s. CKR ASSOCIATES REP., FOR SRl. CHALLA GUNARANJAN Counsel for the Respondent Nos.1&2: SRI N. SREEDHAR REDDY (SC FOR TSTRANSCO) Counsel for the Respondent No.3: SRI M RAVINDRA (SC FOR APEPDCL) The Court made the following: ORDER

HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION o.2290 0F 20L4 ORDER:

Heard Mls. CKR Associates, learned counsel appearing on behatf of the petitioner, Sri N' Sreedhar Reddy, learned Standing Counsel for TS Transco appearing on behalf of respondent Nos.1 and 2 and Sri M. Ravindra, learned Standing Counse! for APEPDCL, appearing on behalf of respondent No.3.

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

" ...to issue a writ in the nature of a Writ of Mandamus or any other appropriate writ direction or order declaring the action of the respondents in introducing Format 'A' and Format 'B' in place of Format in Annexure-I prescribed by APERC under Regulation-2 of 2005 for applying to Nodal Agency for issuance of No Obiection Certificate for availing and sale of open access Energy as wholly, arbitrary, illegal without jurisdiction and void and consequently direct the respondents to follow Format given in Annexure-I to Regulation-2 of 2005 to issue no objection Certificate".

\

wP 2290 2014 3.

This Court vide its order 30.01.2014 in W.p.M.p. No. 2797 of 20 _14 passed interim order in favour of the petitioner observing a:; u nder:

''It is stated by the learned counsel for the petitioner as well as learned Standing Counsel for responclents that this Court in similar circumstances granted interim direction in similar matter i.e., W.p.M.p. No. 44558 of 2013 in W.p. No.358.lB of 2013 on 03.01.2014.

In view of the same and for the reasons alike therein there shali be interim direction to the respond,ents DISCOMS that if the petitioner wants to avail energy through open access, they may not insist for No Due Certificate for the dues to them. Once open access charges are paid, the petitioner may be permitted to avail open access subject to other cc)nditions. However, it is open for the DSICOMI; to take appropriate action according to provisions of Electricity Act, 2003 for recovery of i I I I I d ues".

4.

Learned counsel appearing on behalf of petitioner of this Court dated submits that in view of interim orders 30.01.2014 Di:ssed in W.p.M.p. No.279t of 2Ot4 no further orders are necessary.

v t

wP 2290 20t4 5.

Sri N. Sreedhar Reddy, learned Standing Counsel for TS Transco appearing on behalf of respondent Nos.1 and 2 submits that by virtue of interim order dated 30.01.2014 passed in W.P.M.P. No. 2791 of 2OL4 cause in the present writ petition does not survive for adjudication. 6.

Bringing the said submission of both the learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of respondents on record, the writ petition stands dismissed. 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 dismissed. SDIS. MALLIKARJUNA RAO ASS T REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. One CC to SRl. CHALLA GUNARANJAN Advocate IOPUC]

2. OneCCto SRl. M RAVINDRA(SC FORAPEPDCL) [OPUC]

3. One CC to SRI N. SREEDHAR REDDY (SC FOR TSTRANSCO) [oPUC]

4. Two CD CoPies KKS BS

, HIGH COURT DATED:3011212024 , r,ir4 \ a)\1 c:

( (-.

i.) 19 tEB 2025 ,)

ORDER

t\ ?., Cr-q .,^ .,-,-'r i'

-:;=-'1.;;z WP.No.2290 of 2014 / 4n /4, , a- 7 DISMISSING THE WRIT PETITION WITHOUT COSTS