IN THE HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI

$[3209]$

FRIDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

:PRESENT:

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

IA No. 1 OF 2024 IN WP NO: 1027 OF 2024

Between:

• 1. M/s Sandla Wind Project Pvt Limited, Having its Registered Office at Ground Floor, Block D, Plot No. 13, Sy. No. 64 Part, Hitech City Layout, Madhapur Village, Hyderabad- 500081, Rangareddi, Telangana Rep. by its Authorized Signatory, A.V.V.Raghavendra Sudhir
• 2. M/S. Axis Wind Farms (MPR Dam) Pvt Limited, Having its Registered Office at Ground Floor, Block D, Plot No. 13, Sy. No. 64 Part, Hitech City Layout, Madhapur Village, Hyderabad- 500081, Rangareddi, Telangana Rep. by its Authorized Signatory, A.V.V.Raghavendra Sudhir
• 3. M/S. Guttaseema Wind Energy Company Pvt Limited, Having its Registered Office at Ground Floor, Block D, Plot No. 13, Sy. No. 64 Part, Hitech City Layout, Madhapur Village, Hyderabad- 500081, Rangareddi, Telangana Rep. by its Authorized Signatory, A.V.V.Raghavendra Sudhir
• 4. M/S. Vayuputhra Energy Pvt Limited, Having its Registered Office at Ground Floor, Block D, Plot No. 13, Sy. No. 64 Part, Hitech City Layout, Madhapur Village, Hyderabad- 500081, Rangareddi, Telangana Rep. by its Authorized Signatory, A.V.V.Raghavendra Sudhir
• 5. Greenko Uravakonda Wind Power Pvt Ltd., Having its Registered Office at Ground Floor, Block D, Plot No. 13, Sy. No. 64 Part, Hitech City Layout, Madhapur Village, Hyderabad- 500081, Rangareddi, Telangana Rep. by its Authorized Signatory, A.V.V.Raghavendra Sudhir
• 6. Anantapura Wind Energies Pvt Ltd., Having its Registered Office at Ground Floor, Block D, Plot No. 13, Sy. No. 64 Part, Hitech City Layout, Madhapur Village, Hyderabad- 500081, Rangareddi, Telangana Rep. by its Authorized Signatory, A.V.V.Raghavendra Sudhir
• 7. Rayalaseema Wind Energy Pvt Ltd., Having its Registered Office at Ground Floor, Block D, Plot No. 13, Sy. No. 64 Part, Hitech City Layout, Madhapur Village, Hyderabad- 500081, Rangareddi, Telangana Rep. by its Authorized Signatory, A.V.V.Raghavendra Sudhir

...Petitioners (Petitioners in WP 1027 OF 2024 on the file of High Court)

AND

1. Southern Power Distribution Company of Andhra Pradesh Ltd., (APSPDCL), 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati, Represented by

• 2. Southern Power Distribution Company of Andhra Pradesh Ltd (APSPDCL), 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati, Represented by its Chief General Manager
• 3. The Senior Accounts Officer, Southern Power Distribution Company of Andhra Pradesh Ltd (APSPDCL), Anantapur, A.P.
• 4. The Managing Director, Transmission Corporation of Andhra Pradesh Limited. Vidyut Soudha, Gunadala, Eluru Rd, Vijayawada, Andhra Pradesh 520004
• 5. The State of Andhra Pradesh, Represented by its Principal Secretary, Energy Department, A.P. Secretariat, Velagapudi, Guntur District, Andhra Pradesh-522 503.

...Respondents (Respondents in-do-)

Counsel for the Petitioners: SRI.CHALLA GUNARANJAN Counsel for the Respondent Nos.1 to 3: SRI.V.R.REDDY KOVVURI, STANDING COUNSEL

Counsel for the Respondent No.4: SRI.ANUP KOUSHIK KARAVADI, STANDING COUNSEL

Counsel for the Respondent No.5: GP FOR ENERGY

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to restrain the Respondent DISCOM from resorting to disconnection of the Petitioners power plant from the grid and grant stay and restrain the Respondent DISCOM from levying KVAH charges and Electricity Duty and pass Pending disposal of WP No. 1027 of 2024, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER:

Heard Mr.Challa Gunaranjan, learned counsel appearing for the petitioner.

Mr.V.R. Reddy Kovvuri, learned Counsel takes notice on behalf of the respondent Nos.1 to 3 and Mr.Anup Koushik Karavadi, learned counsel takes notice on behalf of the respondent No.4.

Considering the submissions made that in the similar circumstances, interim orders were granted on 05.12.2023 in W.P.No.31304 of 2023, there shall be a interim direction as prayed for in so far as petitioner Nos.1 to 4 are concerned.

In so far as petitioner Nos.5 to 7 are concerned, there be shall an interim order, subject to the said petitioners paying the 50% of KVAH charges levied/reflected in the C.C bills and electricity duty.

List the matter along with Writ Petition No.31304 of 2023.

Sd/- K. J. RAJA BABU ASSISTANT REGISTRAR

SECTION OFFICER

//TRUE COPY//

To.

1. The Chairman & Managing Director for APSPDCL, Southern Power Distribution Company of Andhra Pradesh Ltd., 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati.

$For$

• 2. The Chief General Manager, Southern Power Distribution Company of Andhra Pradesh Ltd (APSPDCL), 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati.
• 3. The Senior Accounts Officer, Southern Power Distribution Company of Andhra Pradesh Ltd (APSPDCL), Anantapur, A.P.
• 4. The Managing Director, Transmission Corporation of Andhra Pradesh Limited, Vidyut Soudha, Gunadala, Eluru Rd, Vijayawada, Andhra
• 5. The Principal Secretary, Energy Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District, Andhra Pradesh- 522
• 6. One CC to SRI.CHALLA GUNARANJAN Advocate [OPUC] 7. Two CCs to GP FOR ENERGY, High Court of Andhra Pradesh. [OUT]
• 8. One CC to Sri.V.R.REDDY KOVVURI, Standing Counsel (OPUC) 9. One CC to Sri.ANUP KOUSHIK KARAVADI, Standing Counsel
• 10. The Section Officer, Writ Posting, High Court of A.P. 11. One spare copy

SRL

HIGH COURT

NJS,J

${ \mathcal{X} \in \mathcal{X} }$

DATED:12/01/2024

NOTE: LIST THE MATTER ALONG WITH WRIT PETITION NO.31304 OF 2023

ORDER

I.A.NO.1 OF 2024

IN

WP.No.1027 of 2024

INTERIM DIRECTION