The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.31612 of 2014 Dated 21.10.2014 Between:
RPP Ltd., H.No.1-B (New No.618), Arora Colony, Road No.3, Banjara Hills, Hyderabad, rep. by its Managing Director, Sri Y.V.Subba Rao.
And Southern Power Distribution Company of Andhra Pradesh Ltd., Renigunta Road, Tirupati Rep. by its Managing Director and 2 others …Petitioner …Respondents Counsel for the petitioner: Mr. K.Gopal Choudary Counsel for the respondents:
The Court made the following:
Order:
This Writ Petition is filed for the following substantive relief:
“(a) declaring that the demands raised by the Respondents for surcharge on reactive energy are arbitrary, unauthorised and illegal and to consequently set aside all such demands; and/or
(b) declaring that the Respondents are not entitled to claim and recover any surcharge for reactive energy for any period beyond two years of the month for which the surcharge relates, and/or declare that the Respondents are not entitled to interest for alleged delayed payments in terms of the consumer Tariff Orders, and consequently set aside all such demands; and
(c) directing the Respondents to refund the amounts collected from the Petitioner towards surcharge for reactive energy and/or the delayed payment interest thereon; and
(d) declaring that the Respondents’ action of threatening to stop the wheeling of the energy generated by the Petitioner and consumed by the Petitioner’s consumers and/or appropriating the Petitioner’s energy to themselves is arbitrary, unauthorised, illegal and capricious;
(e) and/or pass such further or other orders as this Hon’ble Court may deem fit and proper so that justice may be done.”
At the hearing, Sri K.Gopal Choudary, 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 also disposed of 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 disposal of the writ petition, W.P.M.P.No.39521 of 2014 shall stand disposed of as infructuous.
C.V.Nagarjuna Reddy, J Dt: 21st October, 2014 v v