M/S Himjal Beverages Pvt Ltd vs Telangana State Southern Power ...
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Telangana High Court

M/S Himjal Beverages Pvt Ltd vs Telangana State Southern Power ... on 18 September, 2024

Author: Surepalli Nanda

Bench: Surepalli Nanda

         HON'BLE MRS JUSTICE SUREPALLI NANDA

           WRIT PETITION No.35948 OF 2015

ORDER:

Heard Sri Challa Gunaranjan, learned counsel

appearing on behalf of the petitioner and Sri R Vinod

Reddy, learned Standing Counsel for TSSPDCL,

appearing on behalf of respondent Nos.1 to 3.

2. The petitioner approached the Court seeking

prayer as under:

" ...to issue a writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the actions of respondents in demanding Additional Consumption Deposit from the petitioner by letter Lr. No.SE/O/ATP/SAO /JAO-HT/ACD D.No. 182/15 dated 01-06-2015 issued by the 2nd respondent as highly illegal, arbitrary, unjust and contrary to Section 47(5) of the Electricity Act 2003 and consequently set aside the same and to pass...".

3. It is represented by both the learned counsel appearing

on behalf of the petitioner and Sri R.Vinod Reddy, learned

Standing Counsel for TSSPDCL, appearing on behalf of the SN, J 2 WP_35948_2015

respondents who refer to the order dated 19.05.2016

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

PERUSED THE RECORD

4. Paragraph Nos.11, 12 and 13 of the counter

affidavit filed on behalf of the respondents is extracted

hereunder:

"11. It is submitted that in a batch of Writ Petitions bearing W.P. No. 37713 of 2014 and batch this Honourable Court by order dated 26-08-2015 has directed the respondents to install prepaid meters to all the HT Consumers, who require the supply through prepaid meters, within a period of 6 months from the date of receipt of the order till such time the petitioner shall pay half of the Additional Consumption Deposit amount demanded by the respondents which shall be refunded to the petitioners as soon as the prepaid meters are installed.

SN, J 3 WP_35948_2015

12. It is submitted that aggrieved by the orders dated 26-8-2015 the respondents herein have preferred Writ Appeals and this Hon'ble Court by order dated 19-5-2016 in W.A. No. 968 of 2015 and batch has set aside the common order in Writ Petitions and allowed the Writ Appeal. The Division Bench of High Court has held that the respondents are entitled to collect Additional Consumption Deposit.

13. It is submitted that the present writ petition is covered by the order dated 19.5.2016 in W.A. No. 968 of 2015 and batch and the same has to be dismissed taking into said consideration the said judgment".

5. Taking into consideration the averments made in

the counter affidavit filed on behalf of the respondents

in particular para Nos. 11, 12 and 13 referred to and

extracted above and duly considering 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. However, there

shall be no order as to costs.

SN, J 4 WP_35948_2015

As a sequel, the miscellaneous petitions, if

any, pending in the Writ Petition shall also stand closed.

___________________________ MRS. JUSTICE SUREPALLI NANDA

Date: 18.09.2024

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