Telangana High Court
M/S K. B. Rolling Mills Private Ltd., vs The Southern Power Distribution … on 17 December, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.29480 OF 2014
ORDER:
Heard Sri D.V. Nagarjuna Babu, learned counsel
appearing on behalf of the petitioner, Sri R. Vinod
Reddy, learned Standing Counsel for TGSPDCL,
appearing on behalf of respondent Nos.1 to 3, Sri N.
Sridhar Reddy, learned counsel appearing on behalf of
respondent Nos.4 and 5 and Sri P. Prasad, learned
Standing Counsel for Telangana State Electricity
Regulatory Commission, appearing on behalf of
respondent No.6.
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 action of the respondents in insisting
upon the petitioner to get No Dues Certificate from
1st respondent for availing open access power as
highly illegal, arbitrary, unjust and ultra vires of
Section 42 of the Electricity Act, 2003 read with the
provisions of the A.P. Electricity Regulatory
SN, J
2 WP_29480_2014Commission (Terms and Conditions of Open
Access) Regulation, 2005 and also violative of
petitioner’s Fundamental Rights guaranteed under
Articles 14 19(1)(g) and 21 of the Constitution of
India…”.
3. This Court vide its order dated 26.09.2014 in
W.P.M.P. No. 36842 of 2014 passed interim order in
favour of the petitioner observing as under:
“It is stated by the learned counsel for the
petitioner as well as learned Standing Counsel for
respondents that this Court in similar circumstances
granted interim orders in WPMP No. 35829 of 2013
on 16.12.2013.
In view of the above, if the petitioner wants to
avail energy through open access, DISCOMS may
not insist for No Due Certificate for the dues to the
DISCOMS. Once open access charges are paid, the
petitioner may be permitted to avail open access
subject to other conditions. However, it is open for
the DISCOMS to take appropriate action according
to provisions of Electricity Act, 2003 for recovery of
their dues”.
4. It is represented by learned counsel appearing on
behalf of the petitioner that by virtue of the interim
SN, J
3 WP_29480_2014
order dated 26.09.2014 in W.P.M.P. No.36842 of 2014
no further orders are necessary.
5. Sri R. Vinod Reddy, learned Standing Counsel for
TGSPDCL, appearing on behalf of respondent 1 to 3 does not
dispute the said submission made on behalf of the petitioner.
6. Bringing the said submission of the learned
counsel appearing on behalf of the petitioner on record,
the writ petition is closed. However, there shall be no
order as to costs.
As a sequel, the miscellaneous petitions, if
any, pending in the Writ Petition shall also stand closed.
___________________________
MRS. JUSTICE SUREPALLI NANDA
Date: 17.12.2024
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