WP/15848/2015 of C AND MD, APEPDCL, VSP AND ANOTHER Vs MD, GMR VEMAGIRI POWER GEN LTD., BANGALORE AND 3 OTHERS on 31 December 2018

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRAPRADESH

WEDNESDAY, THE SECOND DAY OF SEPTEMBER,TWO THOUSAND AND FIFTEEN

:PRESENT:

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

WP .NO: 15848 of 2015

Between:

1.Eastern Power Distribution Company of Andhra Pradesh Ltd., Rep. by its Chairman & Managing Director, having its registered Office at P & t Colony, Seethammadhara, Visakhapatnam.Rep. by its Chairman & Managing Director, having its registered Office at P & t Colony, Seethammadhara, Visakhapatnam.

2.Southern Power Distribution Company of Andhra Pradesh Ltd.,Rep. by its Chairman & Managing Director, having its registered Office At 19-13-65/A, Kesavayana Gunta, Tirupati, Chittoor District.Rep. by its Chairman & Managing Director, having its registered Office At 19-13-65/A, Kesavayana Gunta, Tirupati, Chittoor District.

..... PETITIONERS

AND

1GMR Vemagiri Power Generation Ltd., A Company registered inaccordance with the Provisions of Companies Act, 1956 having itsRegistered Office at Skip House, 25/1, Museum Road, Bangalore -560 025,Rep. by its Managing Director.accordance with the Provisions of Companies Act, 1956 having itsRegistered Office at Skip House, 25/1, Museum Road, Bangalore -560 025,Rep. by its Managing Director.

2Central Electricity Regulatory Commission, Constituted under provisionsof Electricity Act 2003, Rep. by its Secretary, 3rd & 4th Floor, ChanderlokBuilding, 36, Janpath, New Delhi - 110 001.of Electricity Act 2003, Rep. by its Secretary, 3rd & 4th Floor, ChanderlokBuilding, 36, Janpath, New Delhi - 110 001.

3Telangana Southern Power Distribution Company Ltd., Rep. by itsChairman & Managing Director, having its registered Corporate Office at 6-1-50, Mint Compound, Hyderabad-500 063. (Formerly/earlier it is describedas APCPDCL).Chairman & Managing Director, having its registered Corporate Office at 6-1-50, Mint Compound, Hyderabad-500 063. (Formerly/earlier it is describedas APCPDCL).

4Telangana Northern Power Distribution Company Ltd., Rep. by itsChairman & Managing Director, having its registered Office atNakkalagutta, Hanamkonda, Warangal. (Formerly/earlier it is described asAPNPDCL).Chairman & Managing Director, having its registered Office atNakkalagutta, Hanamkonda, Warangal. (Formerly/earlier it is described asAPNPDCL).

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein, the High Court may bepleased to issue any appropriate writ, direction or order, more particularly one inthe nature of Writ of Prohibition, declaring that the order of second respondentdated 27-04-2015 as illegal, arbitrary and prohibit the second respondent hereinfrom entertaining the Original Petition filed by the first respondent herein againstthe petitioners which is numbered as M.P. No.463 of 2014 and to declare thevery entertaining petition of 1st respondent by 2nd respondent as bad in law,being violative of Article 14 of the Constitution of India and principles of NaturalJustice and fair play as well as contrary to the provisions of the Electricity Act,2003 and A.P. Reorganization Act, 2014 consequently set aside the order dated27-04-2015 of the 2nd respondent in the interest of justice.

The petition coming on for hearing, upon perusing the Petition and theaffidavit filed in support thereof and the order of the High Court dated 10-07- 2015 & 22-7-2015 made herein and upon hearing the arguments of Sri M.Ravindra, (SC FOR APEPDCL) Advocate for the Petitioners, Sri S. NiranjanReddy, Advocate for Respondent No.1 and the learned Advocate General forthe State of Andhra Pradesh, the Court made the following