THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.28998 of 2014 Dated 16-10-2014 Between:
M/s. Shree Jayalakshmi Powercorp Limited, Represented by its authorized signatory Y. Kuchela Rao, Guntur …Petitioner And Southern Power Distribution Company of Andhra Pradesh Ltd., Tirupati Rep. by its Chairman & Managing Director and 2 others …Respondents Counsel for the petitioner: Mr.Challa Gunaranjan Counsel for the respondents: Mr.P.Vinod Kumar, Standing Counsel for APSPDCL 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 3-9-1998, 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.324/14, dated 11-07-2014, issued by respondent No.2.
At the hearing, it has come out that the issue raised in this Writ Petition is identical to that raised in W.P.No.30544 of 2014, disposed of by this Court on 14-10-2014.
Following the same, this Writ Petition is also disposed of in terms of the order in W.P.No.30544 of 2014, dt.14-10-2014, with the direction that the reasons and the directions contained therein shall form part of this order.
As a sequel, WPMP.No.36289 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 16-10-2014 AM