WA/862/2026 of M/s. Lanco Kondapalli Power Limited Vs AP POWER COORDINATION COMMITTEE (APPCC) on 19 July 2026

APHC010365932026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

WRIT APPEAL No.862 of 2026 Bench Sr.No:-9

M/s. Lanco Kondapalli Power Limited ...Appellant Vs. Andhra Pradesh Power Coordination Committee (APPCC) and others

...Respondents ********** Advocate for Appellant : Sri Avinash Desai, learned Senior Counsel with Sri D. S. Sivadarshan Advocate for Respondents : Sri T. Niranjan, learned Deputy Solicitor General of India, Sri Dammalapati Srinivas, learned Advocate General, Ms. Jyothi Ratna Anumolu representing Sri Venkata Rama Rao Kota.

CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 20th July 2026 LISA GILL, CJ.

This appeal has been filed challenging interlocutory order dated 10th day of July, 2026 passed in Writ Petition No.18631 of 2026 by learned Single Bench whereby, an interim direction has been given to the effect that respondent Nos.1, 3, 4 and 5 in writ petition shall not initiate any coercive action to give effect to Rule 6 of Electricity (Late Payment Surcharge and Related Matters) Rules, 2022.

2. Appellant, arrayed as respondent No.2 in writ petition, being aggrieved of order impugned, has filed this appeal.

3. Learned counsel for appellant vehemently argues that writ petition was filed by respondent Nos.1 to 4/writ petitioners primarily on the ground that as Appellate Tribunal for Electricity (APTEL) was closed for Summer Vacation from 01.06.2026 to 30.06.2026, its appeal challenging order of Central Electricity Regulatory Commission, New Delhi (CERC) dated 23.03.2026 passed in petition No.249/MP/2022 was pending but application for interim relief had not been listed and that no forum capable of granting urgent interim protection was available. It is submitted that learned Tribunal resumed work on 01.07.2026 and appeal filed by writ petitioners was heard on 08.07.2026. Writ Petition which was filed on 19.06.2026, came up for hearing on 10.07.2026. However, factum of the matter being taken up by APTEL and no interim being afforded was not brought to the notice of learned writ Court. The impugned order, vide which interim has been afforded, is, thus, not sustainable as complete facts were not placed before learned writ Court.

4. Learned counsel for respondent Nos.1 to 4, however, submits that prayer in writ petition is not the one which can be adjudicated upon by learned APTEL and writ petition was filed without prejudice to challenge before APTEL and without inviting any adjudication on the issues before the learned APTEL. Therefore, it cannot be said that there is any concealment as such.

5. We have heard learned counsel for parties. Admittedly, it is an interlocutory order, which is subject matter of challenge in present appeal. Learned counsel for appellant insists that material facts were not placed before learned writ Court though it is the case of respondent Nos.1 to 4/writ petitioners that hearing before APTEL would not be a material fact keeping in view the prayer addressed.

6. In the given facts and circumstances, it is considered appropriate that matter be heard by learned writ Court itself where the writ petition is listed on 07.08.2026. Appellant is at liberty to file an appropriate application before learned writ Court in this respect. In case the application is so filed, learned writ Court is requested to take up the same on 07.08.2026 itself.

7. Writ Appeal is disposed of accordingly with liberty aforementioned. There is no expression of opinion on merits of the matter pending adjudication before learned writ Court. No order as to costs.

Miscellaneous Petitions pending, if any, shall stand closed.

LISA GILL, CJ

CHALLA GUNARANJAN, J AMD Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable

: Yes / No

HON’BLE MRS. JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN

WRIT APPEAL No.862 of 2026

Dt:20.07.2026

AMD