Disposed

A One Ispat Pvt. Ltd., v. State of Andhra Pradesh

Andhra Pradesh HC24 Nov 2024WP/21270/2015

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking power cost reimbursement from a DISCOM. Instead of adjudicating the merits, the Court directed the respondents to dispose of the petitioner's representation dated 07.11.2014 based on relevant Government Orders within two months, citing an Apex Court ruling on quick disposal.

What did the court decide?

Direction to respondents to dispose of the petitioner's representation dated 07.11.2014 within two months.

A One Ispat Pvt. Ltd., Vs State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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70
MONDAY, THE TWENTY FIFTH DAY OF NOVEMBEF^CTA
1*5
Ol.
TWO THOUSAND AND TWENTY FOUR
U V
PRESENT -¥7

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THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 21270 OF 2015

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Between:

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A One Ispat Pvt Ltd., 14 (Part) APIIC Industrial Park, Gollapuram Village, Hindupu,r Anatapur, rep., by its Director, Sanjay Kumar Jallan S/o. Rameshwar Jallan, aged about 44 years

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...PETITIONER

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AND

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State of Andhra Pradesh, Industries and Commerce (IP Dept.,) Rep. by its Principle Secretary, A.P. Secretariat, Hyderabad.

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The Commissioner for Industrial Promotion, Government,^ofA.P.A.P. Secretariat, Hyderabad.

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The General Manager, District Industries Center, Anatapur District, State of A.P.

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The Southern Power Distribution Company of A.P. Ltd, Tirupati, Chittoor District, A.P. rep., by its Vice Chairman and Managing^Director

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...RESPONDENTS

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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 to issue a writ in the nature of a Writ of Mandamus or any other appropriate writ direction or order declaring that the petitioner is eligible for the power cost reimbursement at Rs.0.75 Ps per unit of power consume by it from the 4‘^ respondent DISCOM as per G.O.Ms.No.61 Industries and Commerce Department, dated 29-6-2010 r/w G.O.Ms.No 42 Industries and Commerce Department, dated 5-5-2011 and consequently direct

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<br>

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respondents 1 to 3 to grant reimbursement of power cost to the petitioner from November 2012 onwards.

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LA. NO: 1 OF 2015fWPMP. NO: 27405 OF

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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 to direct the respondents 1 to 3 to grant reimbursement of power cost to the petitioner from November 2012 onwards.

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Counsel for the Petitioner: SRI V. ESWARAIAH CHOWDARY Counsel for the Respondent Nos.1 to 3: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.4: M/s. JYOTHI RATNA ANUMOLU,

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SC for APSPDCL

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The Court made the following: ORDER

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■ %
APHC010033042015

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3310]

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MONDAY ,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 21270 OF 2015

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Between;

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A One Ispat Pvt Ltd. ...PETITIONER

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AND

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State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1.GP FOR MINES AND GEOLOGY (AP)

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K VENKATA RAM AN A

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The Court made the following:

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ORDER:-

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This Writ Petition is filed under Article 226 of the Constitution of India,

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seeking the following relief:

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“ to issue a Writ, Order or direction more particularly^{oneinthenatureofWritof} mandamus declaring that the petitioner is eligible for the power cost reimbursement at Rs. 0.75 ps per unit of power consume by its from the 4"' respondent DISCOM as per G.O.Ms.No.61 Industries and Commerce Department, dated 29.06.2010 read with G O.Ms.No.42 Industries and Commerce Department, dated 05.05.2011 and

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consequently direct respondents 1 to 3 to grant reimbursement of power cost to the petitioner from November-2012 onwards and pass such other orders... ”

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Heard Mr. V. Eswaraiah Chowdary, learned counsel for the petitioner and Mrs. Sudeepti Potiuri, learned Assistant Government Pleader, Mines and Geology for the respondents.

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Though the petitioners made several allegations against the respondents, during the course of hearing learned counsel for the petitioner requested this Court to issue a direction to the respondents to dispose of the representation dated 07.11.2014 submitted by the petitionerⁱⁿ terms of G.Os existed, without touching the merits of the case.

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Learned Assistant Government Pleader for the respondents submitted that the respondent authorities will consider the representation dated 07.11.2024 submitted by the petitioner in terms of existing rules and G.Os as per directions of this Court. In view of the same, I need not decide the truth or otherwise of the allegations made in the petition.

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This Court is conscious that no such direction be issued in view of the judgment of the Apex Court in The Government of India v. P.Venkatesh wherein the Apex Court held that such orders may be passed for a quick or easy disposal of cases in overburdened adjudicatory institutions but, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated

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2019 (8) SCALE 544

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07.11.2014 submitted by the petitioner, I find no other alternative except to issue such direction.

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In the result, Writ Petition is disposed of, while directing the respondent to dispose of representation submitted by the petitioner dated 07.11.2014 in terms of G.O.Ms.No.61, dated 29.06.2010 read with G.O.Ms.No.42, dated 05.05.2011 and also G.O.Ms.No.178,^{dated21.06.2005} within two (02) months from the date of receipt of a copy of this order. No costs.

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

closed.

//TRUE COPY//

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