Andhra Pradesh High Court

WP/5116/2026 of Berry Alloys Limited, Vs THE STATE OF AP on 25 February 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 5116/2026 Between: 1. BERRY ALLOYS LIMITED,, REP. BY ITS GENERAL MANAGER

APHC010090612026

IN THE HIGH COURT OF ANDHRA

PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 5116/2026

Between:

1. BERRY ALLOYS LIMITED,, REP. BY ITS GENERAL

MANAGER

COMMERCIAL

AND

AUTHORIZED

SIGNATORY,

PERI

SATYANARAYANA

MURTHY

HAVING ITS CORPORATE OFFICE AT SIRI AVENUE

SAMPAT VINAYAKA TEMPLE ROAD, ASILMETTA,

VISAKHAPATNAM - 530 003 AND FACTORY AT BOBBIN, VIZIANAGARAM DISTRIC

...PETITIONER

AND

1. THE

STATE

OF

AP,

REP.

BY

ITS

PRINCIPAL

SECRETARY ENERGY DEPARTMENT SECRETARIAT

VELAGAPUDI - 522 237 AMARAVATI, GUNTUR

DISTRICT

2. TRANSMISSION CORPORATION OF ANDHRA PRADESH

LTD, (APTRANSCO) THROUGH ITS CHAIRMAN AND

MANAGING

DIRECTOR

VIDYUT

SOUDHA

GUNADALAELURU ROAD VIJAYAWADA-520004. N T R

DISTRICT

3. THE EASTERN POWER DISTRIBUTION COMPANY OF

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W.P.NO.5116 OF 2026

ANDHRA

PRADESH

LTD,

(APEPDCL)

REP.

ITS

MANAGING

DIRECTOR

P

AND

T

COLONY,

SEETHAMMADARA

VISAKHAPATNAM

-

VISAKHAPATNAM DISTRICT

4. THE

SUPERINTENDING

ENGINEER,

OPERATIONS

EASTERN

POWER

DISTRIBUTION

COMPANY

OF

ANDHRA

PRADESH

LIMITED

VALASA

ROAD

DASANNAPET

VIZIANAGARAM

-

VIZIANAGARAM DISTRICT

5. THE DEPUTY EXECUTIVE ENGINEER, OPERATIONS

EASTERN

POWER

DISTRIBUTION

COMPANY

OF

ANDHRA PRADESH LIMITED BOBBILI - 535 558

VIZIANAGARAM DISTRICT

6. THE ASSISTANT DIVISIONAL ENGINEER, OPERATIONS

EASTERN

POWER

DISTRIBUTION

COMPANY

OF

ANDHRA PRADESH LIMITED BOBBILI - 535 558

VIZIANAGARAM DISTRICT

7. THE ASSISTANT ENGINEER, OPERATION EASTERN

POWER

DISTRIBUTION

COMPANY

OF

ANDHRA

PRADESH LIMITED BOBBILI - 535 558 VIZIANAGARAM

DISTRICT

8. VIJAI

ELECTRICALS

LTD,

REP.BY

ITS

GENERAL

MANAGER MARKETING AND SALES HAVING ITS

OFFICE AT 6-3-648/1 AND 2 OFF RAJ BHAVAN ROAD

SOMAJIGUDA HYDERABAD - 500 082 TELANGANA

STATE

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus, by declaring that the threats of disconnection of

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W.P.NO.5116 OF 2026

electricity to the manufacturing facility of the petitioner company situate at Bobbili, Vizianagaram District, to be arbitrary, capricious and illegal apart from being violative of Arts. 14 and 19 (1) (g) of the Constitution of India and the provisions of The Electricity Act, 2003 and to pass IA NO: 1 OF 2026

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 pleased to issue interim direction to Respondents Nos.1 to 7 not to disconnect the electricity service being enjoyed by the factory of petitioner company at Bobbili, Vizianagaram District, pending disposal of the above writ and to pass Counsel for the Petitioner:

1. G V R CHOUDARY

Counsel for the Respondent(S):

1. GP FOR ENERGY

The Court made the following:

NJS,J

W.P.NO.5116 OF 2026

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ORDER:-

Heard Mr.G.V.R.Choudary, learned counsel for the petitioner.

2. Also heard Ms.Aishwarya Chowdary, learned counsel representing for respondent Nos.2 to 7. Notice to the 8th respondent is deemed not necessary, as the matter is being disposed of without touching the merits.

3. The grievance of the petitioner in the present writ petition is that under the guise of the Prohibitory Order dated 11.12.2025 in C.E.P.No.22 of 2025, passed by the learned Special Judge for Trial and Disposal of Commercial Disputes at Visakhapatnam, the authorities of DISCOM have initiated steps for disconnection of power supply to the petitioner Industry.

4. On the earlier occasion, the learned Standing Counsel for APEPDCL stated that no demand was raised with reference to the Prohibitory Order dated 11.12.2025.

5. Today, when the matter is taken up for consideration, Ms.Aishwarya Chowdary, learned counsel, placed a copy of the communication dated 06.02.2026 addressed by the 4th respondent to the petitioner, seeking to arrange payment of the

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W.P.NO.5116 OF 2026 monthly demand charges. So far as the said communication is concerned, the same is not subject matter of the writ petition. Be that as it may.

6. As it appears that the respondent/DISCOM authorities are not taking any coercive action, including disconnection of supply, with reference to the orders passed by the learned Commercial Court, referred to above, the writ petition is closed, leaving it open to the petitioner to seek recourse to law, in the event any fresh cause of action arises. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________________ JUSTICE NINALA JAYASURYA

Note:Issue C.C by 03.03.2026 B/o Date: 26.02.2026 LSP

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