Narra Siva Subbalakshmi vs Central Power Distribution ...
2021 Latest Caselaw 2364 AP

     THE HONOURABLE SRI JUSTICE A.V.SESHA SAI

      WRIT LPETITION Nos.666, 679 & 1539 of 2021

COMMON ORDER:

     Heard Sri Kilaru Nithin Krishna, learned counsel for the

petitioners, and Sri Y.Nagi Reddy, learned Standing Counsel,

appearing for the respondents 1 to 4 and Sri P.Srinivas,

learned counsel for the fifth respondent, apart from perusing

the entire material available on record.

Since all the three Writ Petitions are similar, this Court

deems it appropriate to dispose of these Writ Petitions by way

of this common order.

By way of the impugned letters, dated 23.09.2020, the

Superintending Engineer, Operation Circle, APCPDCL,

Vijayawada-third respondent herein demanded the Wheeling

Charges and the Cross Subsidy Charges from the petitioners.

The essence of the case of the petitioners is that the liability

to pay the said charges rests only on the generating

companies and not on its consumers like the petitioners. It is

the further case of the petitioners herein that agreement

entered into between the petitioners and the generating

companies impose obligation on the generating companies

alone to pay the subject charges. It is also the submission of

the learned counsel for the petitioners 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 2 AVSS,J W.P.Nos.666, 679 & 1539 of 2021

submission of the learned counsel that, without any prior

notice and opportunity to the petitioners to show cause, the

impugned liability is sought to be fastened to the petitioners.

On the other hand, it is submitted by the learned

Standing Counsel that the issue is pending consideration

before the respondents herein.

In fact, in the impugned demand notice it is stated that,

in the event of there being any clarification or reconciliation,

petitioners may depute their personnel along with their

relevant material.

In view of the above and keeping in view the

submissions of the learned Standing Counsel, leaving it open

to the petitioners herein to place the entire information in

support of their case by way of representations/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 petitioners, Writ

Petitions stand disposed of. It is made clear that, till a

decision is taken by the respondents on the

representations/objections, if any, to be filed by the

petitioners herein, the interim orders granted by this Court in

the present Writ Petitions shall remain in operation. It is also

made clear that the petitioners herein are entitled to place

the entire material before the respondents. There shall be no

order as to costs.

                                  3                        AVSS,J
                                               W.P.Nos.666, 679 &
                                                     1539 of 2021

Miscellaneous petitions, if any pending, in the Writ

Petitions, shall stand closed.

__________________ A.V.SESHA SAI, J

12th July, 2021.

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