The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.30544 of 2014 Dated 14.10.2014 Between:
M/s.Sri Dhanalakshmi Cotton & Rice Mills Pvt. Ltd., Guntur District, rep. by its Managing Director, Sri N.Raghava Rao.
…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 (SC 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 25- 07-1998, 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.326 /14, dated 11-07- 2014, issued by respondent No.2.
In Paragraph 12 of the affidavit filed in support of the Writ Petition, it is averred that assailing the demand made by the respondents for recovery of amount towards reactive energy charges, the petitioner has already filed a petition before the Andhra Pradesh Electricity Regulatory Commission.
Mr.Challa Gunaranjan, learned Counsel for the petitioner, while admitting that such a petition has been filed before the Electricity Regulatory Commission has, however, stated that though the Chairman of the said Commission has been recently appointed, its members have not so far been appointed and that unless atleast one member is appointed, the Electricity Regulatory Commission cannot function due to lack of forum. This Court is hopeful that the State of Andhra Pradesh will appoint members of the Electricity Regulatory Commission as early as possible.
As the petitioner has already approached the Electricity Regulatory Commission raising the same dispute as raised in this Writ Petition, I am not inclined to entertain this Writ Petition for adjudication on merits. The Petitioner is, therefore, relegated to the Electricity Regulatory Commission for redressal of its grievance. In order to enable the petitioner to secure an appropriate interim relief and considering the fact that the Electricity Regulatory Commission is not functional as yet due to non-appointment of members, the demand made in the impugned Lr.No.SE/O/GNT/SAO/JAO/HT/A1/D.No.326 /14, dated 11.07.2014, issued by respondent No.2, is kept in abeyance for a period of three months leaving the petitioner free to seek appropriate interim relief before the Electricity Regulatory Commission.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel, WPMP.No.38185 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 14th October, 2014
LUR