THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR
WRIT PETITION No.4239 of 2021
ORDER:
Heard Sri Kilaru Nithin Krishna, learned counsel for the petitioner, and Sri Y. Nagi Reddy, learned Standing Counsel, appearing for the official respondents, apart from perusing the entire material available on record.
2. By way of the impugned letter, dated 23.09.2020, the Superintending Engineer, Operation Circle, APCPDCL, Vijayawada-3rd respondent herein demanded the Wheeling Charges and the Cross Subsidy Surcharges from the petitioner. The essence of the case of the petitioner is that the liability to pay the said charges rests only on the generating companies and not on its consumers like the petitioner. It is the further case of the petitioner herein that agreement entered into between the petitioner and the generating companies imposed obligation on the generating companies alone to pay the subject charges. It is also the submission of the learned counsel for the petitioner that, in view of the judgment of the Hon'ble Apex Court in Civil Appeal No.4569 of 2003 and Batch, dated 29.11.2019, the impugned action cannot be sustained in the eye of law. It is the further submission of the learned counsel that, without any prior 2 notice and opportunity to the petitioner to show cause, the impugned liability is sought to be fastened to the petitioner.
3. On the other hand, it is submitted by the learned Standing Counsel that the issue is pending consideration before the respondents herein.
4. In fact, in the impugned demand notice it is stated that, in the event of there being any clarification or reconciliation, petitioner may depute his personnel along with his relevant material.
5. In view of the above and keeping in view the submission of the learned Standing Counsel, leaving it open to the petitioner herein to place the entire information in support of his case, by way of representation/objections against the impugned demand before the respondents, within two weeks, for consideration of the same by the respondent authorities and for taking appropriate action/passing appropriate orders, after hearing the petitioner, Writ Petition stand disposed of. It is made clear that, till a decision is taken by the respondents on the representation/objections, if any, to be filed by the petitioner herein, the interim orders granted by this Court in the present Writ Petition shall remain in operation. It is also made clear that the petitioner herein is entitled to place the entire material before the respondents. There shall be no order as to costs.
3
Consequently, miscellaneous petitions pending, if any, shall stand closed.
________________________ C. PRAVEEN KUMAR, J Date: 01.11.2021 MS 4 THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION NO.4239 OF 2021 Date: 01.11.2021 MS