Telangana High Court
WA/818/2012 of Central Power Distribution Company of Andhra Pradesh Ltd. Vs Andhra Pradesh Electricity Regulatory Commission, on 29 December 2023
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT APPEAL NO: 818 OF 2012 Writ Appeal under clause 15 of the Letters Patent
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAO
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENTTHE HON'BLE THE CHIEF JUSTICE ALOK ARADHEANDTHE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTIWRIT APPEAL NO: 818 OF 2012
Writ Appeal under clause 15 of the Letters Patent [preferred ]against the order dated 27.03.2012passed in W.P. No.27901 12011 . on the file of the High Court.
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1. Central Power Distribution Company of Andhra Pradesh Ltd., Rep. by its Managing Director,11-5-423111A, First Floor, Singareni Collieries Bhavan, Lakdi-ka-pul, Hyderabad 506 00111-5-423111A, First Floor, Singareni Collieries Bhavan, Lakdi-ka-pul, Hyderabad 506 001
2. Southern Power Distribution Company of Andhra Pradesh Ltd.,, Rep. by its ManagingDirector, Upstairs, Hero Honda Showroom, Renigunta Road, Tirupati 517 501Director, Upstairs, Hero Honda Showroom, Renigunta Road, Tirupati 517 501
3. Northern Power Distribution Company of Andhra Pradesh Ltd.,, Rep. by its ManagingDirector, 11-5-423111A, First Floor, 1-7-668, Postal Colony, Hanamkonda, Warangal 506 001Director, 11-5-423111A, First Floor, 1-7-668, Postal Colony, Hanamkonda, Warangal 506 0014. Eastern Power Distribution Company of Andhra Pradesh Ltd.,, Rep. by its Managing Director,Sai Shakti, Opp Saraswati Park, Daba Gardens, Visakhapatnam 530 020. ...A''ELLANTSSai Shakti, Opp Saraswati Park, Daba Gardens, Visakhapatnam 530 020. ...A''ELLANTS
AND
1. Andhra Pradesh Electricity Regulatory Commission, Rep. by its Secretary, 11-4-660, 4thFloor, Singareni Bhavan, Red Hills, Hyderabad.Floor, Singareni Bhavan, Red Hills, Hyderabad.
2. M/s. Tata Power Trading Company Limited, Tata Power Mahalaxmi Receiving Station,Senapti Bapat Marg, Lower Parel, Mumbai- 400 082.Senapti Bapat Marg, Lower Parel, Mumbai- 400 082.
3. Andhra Pradesh Power Coordination Committee, Vidyut Soudha, Hyderabad rep. by lts [Chief]Engineer (commercial) ...RE''.NDENTSEngineer (commercial) ...RE''.NDENTS
!.A. NO: 2OF 2012(WAMP. NO: 1598 OF 20121
Petition under Section 151 CPC [praying ]that in the circumstances stated [in ][the ][affidavit]
filed in support of the petition, the High Court may be [pleased ]to stay all further [proceedings ][in]
O.P. No. 16 of 2010 on the file of the 1st Respondent, [pending disposal of ][the ][writ appeal]
Counsel for the Appellants: SRI SRI R. VINOD REODY FORSRI ANUP KOUSHIK KARAVADI
Counsel forRespondent No. 1: SRI SRINIVASA RAO PUTLURI
Counsel for Respondent No. 2: SRI D. PRAKASH REDDY, SENIOR [COUNSEL]FOR SRI M. RAMAKANTH
The Court made the following: ORDER
THE HON'BLE[THE CHIEF ][JUS][TICE ][ALOK ][ARADHE]ANDTHE HON'BLE [SHRI ][JUS][TICE ][ANIL ][KUMARJUKANTI]WRIT APPEAL No.8l8 OF [2012]
JUDGMENT: [(Per ][the ][Ho4'ble ][the ][Chief ][Justice AIok ][Aradhe)]
Mr. R. Vinod Reddy, [leamed ][counsel, ][representing]Mr. Anup [Koushik ][Karavadi, ][learned counsel ][for ][the appellants.]
Mr. D. Prakash [Reddy, learned Senior Counsel, ][representing]Mr. M. Ramakanth, [learned counsel ][for ][respondent ][No.2.]
2. In this intra court appeal, [the ][appellants ][have ][challenged]the validity [of ][order ][dated21 .03.2012 ][passed ][by ][the leamed Single]Judge by which [writ ][petition ][namely, ][W.P.No.27901 ][of ][20 ][l1]preferred by the appellants [has ]been [disposed ]of [with ][the ][liberty]to the appellants to take [recourse ][to the remedy ][ofappeal ][provided]under Section l1l ofthe Electricity [Act, ][2003 (hereinafter referred]to as the 'Act').
3. Facts giving rise to filing of this writ appeal, briefly stated,are that the appellants [have ][assailed ][the ][validity ]ofthe [order ][dated]22.08.2011 [passed ]by [the Andhra ][Pradesh ][Electricity ][Regulatory]Commission [in ][exerciso-ofpowers ][under ][Section ][86 ][(l) ][(11 ][of ][the]
Act. The leamed Single Judge, by order [dated 27.03.2012, ][has]noticed that against the aforesaid order, an altemative efhcaciousremedy of filing appeal is available to the appellants. Therefore,the learned Single Judge has relegated the appellants to avail ofthealternative remedy of appeal under Section l l l of the Act
4. We have heard the leamed counsel for the parties at length.
5. It is trite law that extraordinary [jurisdiction ]of this Courtshall not ordinarily be exercised in case an alternative efficaciousstatutory remedy is available. The leamed Single Judge, in thefacts of the case, has rightly declined to invoke the extraordinarydiscretionary [jurisdiction ]and relegated the appellants to avail ofthe altemative remedy of filing an appeal. No case for interferencewith the order passed by the leamed Single Judge is made out.
6. Needless to state that in case the appellants fileanappeal under Section 111 of the Act within a period of four weeks,the Appellate Authority shall proceed to decide the appeal inaccordance with law. For a period of four weeks, the interim order,ifany, granted by this Court shall continue.
7. The writ [appeat ][is ][accordingly ][disposed ][of. ][There shall ][be ][no]
order [as ][to ][costs]
As a sequel, [miscellaneous ][petitions, pending ][if ][any, ][stand]
closed.
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HIGH COURT
DATED: 2911212023
1Y\[6 sTAIg]qJ7.c2 I [JAll ][202t]oo5*(O+9Espa:rcORDER
WA.No.818 of 2012
DISPOSING OF THE WRIT APPEAL
WITHOUT COSTS
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