✦ High Court of India · 05 Feb 2025

M/s Vinayak Steels Ltd' gTtE' JP Dhargi Road Kothur' Shadnagar v. The Central Power Distribution Company of A P Limited'

Case Details High Court of India · 05 Feb 2025
Court
High Court of India
Decided
05 Feb 2025
Bench
Not available
Length
1,080 words

Acts & Sections

PetitionunderArticle226oltheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the notice in Letter No' daled 2-11-2ol 1 of the 3rd respondent as highly illegal, arbitrary, unjust' irrational and violative of Section 42 read with Clause S(ii)(c) of A.P'Electricity Regulatory Commission of establishment of Forum and Vidyut Ombudsman for redressal of grievances of the consumers (Regulation No. 1/2004) and the General Terms and Conditions of Supply of the 1st respondent and consequently set aside the same' ) l.A. NO: 1 OF 2011IW llUE,-N oi3g993-ot29jil Petition:ncer!rectionl5lCPCprayingthatinthecirr;umr';tancesstated in the affidavit frle j ,r support of the petition, the High court may be pleased to direct the responde l; 1 to 3 not to disconnect petitioner s power supply pursuant to the rc tce in Letter No. sE/oP/MBNR/SAC)/IIT D.No.52Ol211 dated 2-1 1-201 1 ol . re 3rd respondent pending disposal of tl-e above Writ Petition suspend. Counsel for the Petit :rner: SRI D.V.NAGARJUNA BABU, Sr. COUtJSEL, REP' FOR M/s. K.JAYASREE Counsel for the Rr:s;p rndent No.1 to 3: SRI N.SREEDHAR REDDY' SC FOR TGSPDCL Counsel for the Re:;p rndent No.4: SRI P.PRASAD, SC FOR TGt:Rr:) The Court made th€ I >llowing: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA PET ON o 55 F2 I ORDER: Heard Sri D.V.Nagarjuna Babu, tearned senior . designated counsel representing Smt K.Jayasree, learned counsel appearing on behalf of the petitioner on record, and Sri N.Sreedhar Reddy, learned standang counsel appearing on behalf of the respondent Nos.l to 3 and Sri P.prasad, learned standing counset appearing on behalf of the respondent No.4

2. The petitioner approached the Court seeking prayer as under: "......-..to issue a writ or order or direction more pafticularly one in the nature of writ of Mandamus declaring the notice in Letter No. SE/OPiV1BNR/SAO/HTID.No .520/211 2.Ll.2OLt of the 3.d respondent as highly illegal, arbitrary, unjust, irrational and violative of Section 42 .read with Clause s(iixc) of A p Electricity Regulatory Commission of establishment of Forum and Vidyut Ombudsman for redressal of grievances of the consumers (Regulation No.1/2004) and the General Terms and Conditions of Supply of the 1.t .1 2 and consequently set a side respon l.rnt the :;ar ri:r....

3. This (o VI r f dated 29.11.2011 in I.A.No.O1 o'' 2OtL in WPMP.No.38OO3 of 2O11. in W.P. No. 3O656i rf 2O11 passed interim order in favour of the petitien )"r_o!se-gi!!!Lag_U.!!d.er: ' l.r terim direction "

4. ft is r(,presented by the learned counsel appearing on behalf r f the petitioner, tearned standing r:ounsel appearing c n behalf of the respondent Nos.1 to 3 and learned sta'rding counsel appearing on behaif of the respondent No.4 that the present Writ Petition could be disposed of directing the petitioner to make a detailed representat,on putting-forth the grievance as put-forth in present t,Vrit Petition before th'e 4th respondent and the 4th x,spondent shall consider the same in accordanc,e to law by giving an opportunity of personal hearing bo,t r to the petitioner and also to the concerned DISCOM eru thoraties within a period of (O4) weeks thereafter , rnd pass appropriate orders on the said 3 detailed representation to be submitted on behalf of the petitioner to the 4th respondent herein.

5. 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 receapt of copy of the order 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 behalf of the petitioner to the 4th respondent. It is however observed that any amount paid by the petitioner in pursuance to the interim orders of this Court shal! be subject to the outcome of the decision to 4 be takerr i I accordance to law on the subject issue by the 4th res;p ondent.

6. With t rese above observations, the Wit petition is disposed o", However, there shall be no order as to costs. A.s a sequel, the miscellaneous pet.iti()ns, if any, pendirrc n the Writ Petition shall also stan d cioserl. //TRUE COPY/I AS ) SD/ T. JAYASREE slsrAN'r REGTSTRAR To, ', SECTION OFFICER '1 . The l\,4anag rg tiirector, Central power Distribution Company of A.p.Limited, I 2 MintCompcun, Hyderabad. The Superilrr r',Jing Engineer, Distribution -omianv - of Mahaboobn a r: r Operation A.P.Limited, Circle, The r.)entral power Mahaboo5nagar District, 3 The Sen ior Aor Compan,/ of t\ The Secret:,ry, Singareni Bhzr,r The Chair F,e APCPDCI-., I?:r One CC to I\l/ s. One CC to SFtl One CC tc SF I Two CD Copie rs 4 q 6 7 8 o BSR GJP r unt Officer, .Operation Circle, The Central porver Distribution ' l_rmrted, Mahaboobnagar District, Mahaboobn:lgar ,i. P. Electricity Regulatory Commission, .l 1.4_r:)60, 4th Floor, r r, Red Hitls, Hydeiabad.' 'r,,f,n, Forum for Redressal of Consumer (3rievances of "lills, Hyderabad. I JAYASREE, Advocate tOpUCl r SREEDHAR REDDY, SC FOR TGSPDCL [o:,UC] , PRASAD, SC FOR TGERC TOPUC] HIGH COUR DATED: 0510t212025 ORDER WP.No.30656 crf 2011 rrr.- lilq,' U! t, )- * ,l? l8(r ( I ' : .) )r.., - -\.), 4 _^! -. I r,- _'/ 2-'' DISPOSING O; THE WRIT PETITION, WITHOUT COII}TS \\ \ t,t

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