WP/19894/2015 of NORTHERN POWER DISTRIBUTION CO OF TG LTD., WARANGAL AND ANOTH Vs PRL. SECRETARY, ENERGY DEPT., HYD AND 7 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: 19894 of 2015

Between:1 NORTHERN POWER DISTRIBUTION COMPANY OF TELANGANALTD., Rep. by its Chairman & Managing Director At 2-5-31/2, Vidyuth Bhavan, Nakkalagutta, Hanmakonda, Warangal District Nakkalagutta, Hanmakonda, Warangal District 2 SOUTHERN POWER DISTRIBUTION COMPANY OF TELANGANA LTD., Rep. by its Chairman & Managing Director At 6-1-50, Mint Compound, Hyderabad Rep. by its Chairman & Managing Director At 6-1-50, Mint Compound, Hyderabad

...Petitioners

AND

1The State of A.P., Rep. by its Prl. Secretary, Energy Secretariat,HyderabadHyderabad 2The State of Telangana, Rep. by its Prl. Secretary, Energy Secretariat,HyderabadHyderabad 3Central Electricity Regulatory Commission, Rep. by its Secretary, at 4thfloor, Chandralok Building 36 Janpath, New Delhi - 110 001floor, Chandralok Building 36 Janpath, New Delhi - 110 001

4The Telangana State Electricity Regulatory Commission, Rep. by itsSecretary, At 6[th] Floor, Singareni Bhavan, 11-64-600 Red Hills, Hyderabad- 500 004Secretary, At 6[th] Floor, Singareni Bhavan, 11-64-600 Red Hills, Hyderabad- 500 004

5The Andhra Pradesh Electricity Regulatory Commission, Rep. by itsSecretary, At 4[th] Floor, Singareni Bhavan, 11-64-600 Red Hills, Hyderabad- 500 004Secretary, At 4[th] Floor, Singareni Bhavan, 11-64-600 Red Hills, Hyderabad- 500 004

6The Andhra Pradesh Eastern Power Distribution Company Ltd.,Rep. by its Chairman & Managing Director, Corporate Office at P & TColony, Seethammadhara, Visakhapatnam-530013Rep. by its Chairman & Managing Director, Corporate Office at P & TColony, Seethammadhara, Visakhapatnam-530013

7The Andhra Pradesh Southern Power Distribution Company Ltd.,Rep. by its Chairman & Managing Director Corporate Office at 19-13-65/ASrinivasapuram, Tiruchanur Road, Tirupathi, Chittoor District - 517 503Rep. by its Chairman & Managing Director Corporate Office at 19-13-65/ASrinivasapuram, Tiruchanur Road, Tirupathi, Chittoor District - 517 503

8M/s. GMR Vemagiri Power Generation Ltd., Rep. by its Executive Vice-President At 25/1, Skip House, Museum Road, Bangalore - 560 025. President At 25/1, Skip House, Museum Road, Bangalore - 560 025.

...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 a Writ, order or direction more particularly one in the nature ofWRIT OF CERTIORARI by calling for the records in respect of orders passedin MP/463/2014, dated 27-04-2015 on the file of 3[rd] respondent and declare thesame as illegal, arbitrary void abinitio besides violative of Sec. 86 & 79 (1) (b) (f)of Electricity Act. 2003 and not inconsonance with Sec. 105 of AP Re-organization Act 2014 and set-aside the same and also quash the proceedingsbefore the 3[rd] respondent filed by the 8[th] respondent.

The petition coming on for hearing, upon perusing the Petition and theaffidavit filed in support thereof and the order of the High Court dated 22-7-2015made in WPMP No.25668 of 2015 in WP No.19894 of 2015 and upon hearingthe arguments of Sri Y. Rama Rao, Advocate for the Petitioners, learnedAdvocate General for the State of Telangana for Respondent No.2 and Sri S.Niranjan Reddy, Standing Counsel for Respondent No.8, the Court made thefollowing