THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.29340 of 2014 Dated: 15.10.2014 Between:
M/s. Akshay Profiles Private Limited, Rep. by its Managing Director Sri Bandarupalli Srinivas.
.. Petitioner and Southern Power Distribution Company of Andhra Pradesh Ltd., Srinivasa Puram, Tiruchanoor Road, Tirupati, Rep. by its Chairman & Managing Director and others.
.. Respondents Counsel for the petitioner: Mr. Challa Gunaranjan Counsel for the respondents: Mr. P. Vinod Kumar The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of the respondents in stopping wheeling of power from the petitioner’s hydel generation plant to its scheduled consumers purportedly on the ground of non-payment of reactive energy charges, as illegal and contrary to the terms of Amended and Restated Power Wheeling & Purchase Agreement dated 11.01.2000, the provisions of the Electricity Act, 2003, and the rights guaranteed under Articles 14, 19(1)(g) and 265 of the Constitution of India. The petitioner has sought for a consequential relief to set aside Lr.No.SE/O/GNT/SAO/JAO/HT/A1/D.No.322/14 dated 11.07.2014 issued by respondent No.2.
At the hearing, Mr. Challa Gunaranjan, learned counsel for the petitioner, submitted that this Court has disposed of identical writ petitions with certain observations and directions and one such case is W.P.No.30544 of 2014, disposed of by order dated 14.10.2014.
He requested that this writ petition may also be disposed of in terms of the said order.
In view of the above, this writ petition is disposed in terms of the order dated 14.10.2014 in W.P.No.30544 of 2014, with the direction that the reasons and directions contained therein shall form part of this order.
As a sequel to the disposal of the writ petition, interim order dated 26.09.2014 is vacated and W.P.M.P.No.36691 of 2014 stands disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 15th October, 2014 IBL