Andhra Pradesh High Court
WP/12554/2007 of Visakhapatnam Port Trust Vs Transmission Corporation of andhra Pradesh Limited, on 2 September 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 12554 of 2007 Bench Sr.No:-71 [3584] Visakhapatnam Port Trust ...Petitioner Vs. Transmission Corporation Of Andhra Pradesh Limited and Others ...Respondent(s) ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN
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APHC010369592007
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT PETITION NO: 12554 of 2007 Bench Sr.No:-71
Visakhapatnam Port Trust ...Petitioner Vs. Transmission Corporation Of Andhra Pradesh Limited and Others ...Respondent(s) ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 3rd September 2026 Present : Advocate for Petitioner(s): Mr. K. Harish representing Mr. Raviteja Padiri Advocate(s) for Respondent(s): Mr. V V Satish (SC for APEPDCL) LISA GILL, CJ: Prayer in this writ petition is as under: “to issue a writ order or direction more particularly one in the nature of a writ of Mandamus declaring that the letter No.SE/O/VSP/SAO/JAO/HT/REV/D.No 768/07 dated 16.5.2007 issued by the 2nd respondent levying and demanding cross subsidy surcharge under Section 42(2) of the Electricity Act, 2003 as being not authorized in law and contrary to the notification issued by the Central Government vide the Electricity (Removal of difficulties) second order 2005 dated 8.6.2005 and consequently restrain the 2nd respondent from collecting the same from the petitioner and to pass such other order or orders..”
2. Learned counsel for petitioner submits that matter is squarely covered in favour of petitioner in terms of decision dated 19.12.2023, passed by Telangana High Court in W.P.No.8252 of 2008, which has been upheld by Hon’ble the Supreme Court in S.L.P. (Civil) Diary No. 25649 of 2024.
WP_12554_2007 Impugned notice is thus liable to be set aside and petition be accordingly allowed.
3. Learned counsel for respondent Nos.1 & 2 fairly affirms and verifies that matter is indeed covered in favour of petitioner in view of above mentioned decision.
4. Keeping in view facts and circumstances as above and specific stand of respondents, demand of cross subsidy surcharge as raised by respondents and impugned in this writ petition is set aside. Writ Petition is accordingly allowed. No costs.
Pending miscellaneous applications, if any, shall stand closed.
LISA GILL, CJ
CHALLA GUNARANJAN, J
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Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable
: Yes / No
WP_12554_2007 HON’BLE MRS.JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN
Writ Petition No: 12554 of 2007 DATE : 03.09.2026
AKN