M/S Sri Kalyana Chakravarthi ... vs Central Power Distribution ...
2021 Latest Caselaw 4415 AP

     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

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.

Consequently, miscellaneous petitions pending, if any,

shall stand closed.

________________________ C. PRAVEEN KUMAR, J

Date: 01.11.2021

MS

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

WRIT PETITION NO.4239 OF 2021

Date: 01.11.2021

MS