Allowed

The Eastern Power Distribution Company of Ap Limited v. Chedalla Venkata Sivaji

Andhra Pradesh HC9 Aug 2023CMA/536/2019

Case brief

AI extract

What is this about?

The High Court Civil Miscellaneous Appeal directed that the matter be taken on file before the same Trial Court under Section 154(5) of the Electricity Act, 2003, clarifying its competence despite G.O. provisions. Directions were issued to dispose of the matter within six months.

What did the court decide?

Direction to the Special Court to dispose of the matter within six months; clarification on competence of the Special Court.

The Eastern Power Distribution Company of Ap… — Writ and Judicial Review | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶2

WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

¶3

PRESENT

¶4

HONOURABLE DR JUSTICE K MANMADHA RAO

¶5

CIVIL MISCELLANEOUS APPEAL No:536 of 2019

¶6

¶7

Appeal Under Order 43 Rule 1 against the orders dated 26/09/2018 passed in OS.SR.No.1359 of 2018 on the file of the Special Court under Indian Electricity Act 2003 cum 1®* Additional District Judge, East Godavari, at Rajamahendravaram.

¶8

Between:

¶9

The Eastern Power Distribution Company of AP Limited, Represented by the Assistant Divisional Engineer, Operation, Kakinada.

¶10

...Petitioner/Appellant

¶11

AND

¶12

Chedalla Venkata Sivaji, S/o late Anjana Gangamani Rao,Hindu, Age 50 years, Acqua Culture, R/o of D,No,2-377/2, Matlapalem, G.Vemavaram, Tallarevu Mandal, East Godavari District.

¶13

...Respondent/Contemnor

¶14

Counsel for the AppellantSri M Ravindra

¶15

Counsel for the Respondent: Sri Dasari S VV S V Prasad

¶16

The Court made the following:-

¶17

¶18

THE HON’BLE DR.JUSTICE K. MANMADHA RAO

¶19

CIVIL MISCELLANEOUS APPLICATION No.536 of 2019 ORDER:

¶20

The present Civil Miscellaneous Application is filed seeking to set aside the order, dated 26,09.2018 in OS (SR). No.l359 of 2018, on the file of the Special Court under Indian Electricity Act 2003-cum-1^ Additional District Judge, East Godavari at Rajamahendravaram.

¶21

Heard Sri M.Ravindra, learned counsel for the appellant and Sri Dasari S.V.V.S.V. Prasad, learned counsel for the respondent

¶22

After hearing both the counsels, it is directed to taken on file the matter before the same trial Court under Section 154 (5) of Electricity Act, 2003 as the suit is maintainable before the Electricity Tribunal in view of the G.O. It is clarified that the learned Special Court under Indian Electricity Act 2003-cum- I Additional District Judge, East Godavari District at Rajamahendravaram is the competent Court to try the matter.

¶23

In view of the same, it is directed to the Special Court under Indian Electricity Act 2003-cum- I Additional District Judge, East Godavari District at Rajamahendravaram to dispose of the matter

¶24

¶25

within a period of six (06) months from the date of receipt of a copy

¶26

ofthis order.

¶27

With the above directions, the Civil Miscellaneous Application

¶28

is disposed of. No costs.

¶29

As a sequel, miscellaneous applications pending, if any, shall

¶30

also stand closed.

¶31

SD/- P. VENKATA RAMANA JOINT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1. The Special Court under Indian Electricity Act 200 3-cum-1®^3-cum-1 Additional District Judge, East Godavari District at Rajamahendravaram.(By RPAD) 2. One CC to Sri Ravindra Advocate [OPUC] 3. One CC to Sri Dasari S V \Z S V Prasad Advocate [OPUC] 4. The Section Officer. VR Section, High Court of Andhra Pradesh at Amaravathi.

¶36

5. Three CD Copies

¶37

PGR AL

¶38

HIGH COURT

¶39

DATED; 09/08/2023

¶40

ORDER

¶41

CMA.No.536 of 2019

¶42

%
V

¶43

DISPOSING THE CMA

The Eastern Power Distribution Company of Ap Limited v. Chedalla Venkata Sivaji

Case brief

What is this about?

What did the court decide?

The Eastern Power Distribution Company of Ap Limited v. Chedalla Venkata Sivaji

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dodla Murali Krishna Reddy Vs the Assistant Commissioner of Endowment

Somara Narsimhulu Vs Dolappagari Somara Ramgopal

Koyi Anantha Lakshmi Vs Koyi Nagendram

Aleti Siva Prakasa Rao Vs Rasheeda Begum

Pamulapati Sambashiva Rao Vs Talluri Ravi Chand

Rajeti Janaki Vs the Assistant Commissioner