M/S. Sri Lakshmikantha Spinners Ltd., vs The Southern Power Distribution ...
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Telangana High Court

M/S. Sri Lakshmikantha Spinners Ltd., vs The Southern Power Distribution ... on 15 July, 2024

Author: Surepalli Nanda

Bench: Surepalli Nanda

         HON'BLE MRS JUSTICE SUREPALLI NANDA

               WRIT PETITION No.438 OF 2016

ORDER:

Heard Mr.D.V.Nagarjuna Babu, learned counsel

appearing on behalf of the petitioner and Mr. R.Vinod

Reddy, learned Standing Counsel appearing for

respondent Nos.1 to 3.

2. The petitioner approached the Court seeking

prayer as under:

"To issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not providing Pre-Paid Metered Power Supply to the petitioner as highly illegal, arbitrary, unjust and contrary to Section 47(5) of the Electricity Act, 2003 and Regulation 4(3) of the A.P. Regulatory Commission (Security Deposit) Regulation, 2004 and consequently set aside the notice in Letter No. SE/O/SAO/JAO/HT/ACD/D.No.182/15 dated 01.06.2015 of the 2nd respondent and pass such other order or orders as this Hon'ble Court may deem fit, just and proper in the circumstances of the case".

SN, J

WP_438_2016

3. Mr. R.Vinod Reddy, learned Standing Counsel appearing

on behalf of the respondents brings on record the order dated

19.05.2016 passed in W.A.Nos.968 of 2015 and batch and

contends that the present writ petition has to be dismissed in

view of the judgment of this Court dated 19.05.2016 passed

in W.A.Nos.968 of 2015 and batch.

4. Paragraph No.26 of the judgment of the Hon'ble

Division Bench of this Court dated 19.05.2016 passed in

W.A.Nos.968 of 2015 and batch extracted hereunder:

"Both points are answered against the petitioners and in favour of the licensees. Orders of the learned single Judge, directing the distribution licensee to provide pre-paid meters in six months and permitting the petitioners to deposit only half of the amount demanded are not sustainable. The common order made in group of writ petitions, under appeal is set aside. As a consequence, the demand of petitioners to waive additional security deposit has no merit and is contrary to statutory prescription. Accordingly, the writ appeals filed by distribution licensees are allowed and the writ appeals filed by HT consumers/petitioners are dismissed. Order accordingly".

SN, J

WP_438_2016

5. Taking into consideration the Judgment of the

Hon'ble Division Bench of this Court dated 19.05.2016

passed in W.A.Nos.968 of 2015 and batch, the present

writ petition is dismissed.

6. The interim order granted by this Court

06.01.2016 shall stand vacated. However, there shall

be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ

Petition, shall stand closed.

___________________________ MRS JUSTICE SUREPALLI NANDA Date: 15.07.2024

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