Dismissed

The Andhra Pradesh Southern Power Distribution Corporation Ltd. v. The State of Andhra Pradesh

Andhra Pradesh HC24 Apr 2024WP/4040/2023

Case brief

AI extract

What is this about?

The High Court dismissed multiple writ petitions filed by electricity distribution corporations challenging the jurisdiction of Consumer Fora under the Consumer Protection Act, 2019 to award compensation. The Court held that such Fora have jurisdiction despite the Electricity Act, 2003 and their redressal mechanisms.

What did the court decide?

Judgment dismissed all writ petitions on the question of jurisdiction of the consumer forum to entertain complaints against the distribution companies.

The Andhra Pradesh Southern Power Distribution… — Consumer Protection | Andhra Pradesh HC (2024)

¶1

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) A

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(Special Original Jurisdiction) A
THURSDAY, THE TWENTY FIFTH DAY OF APRIL K
TWO THOUSAND AND TWENTY FOUR ^ /A

¶4

PRESENT HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND

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HON’BLE MR. JUSTICE R.RAGHUNANDAN RAO

¶6

W.P.Nos.24282. 24298. 24946. 37178. 37682. 39335. 39354. of 2077 ^40, 7391, 9272. 14954, 15376, 16025. 26641, 26643. 27023. 28102. 29567, 29864. 31025, of 2023 and 45. 401. 497. 4607. 4998. 5133. 5140, 5265. 5457. 5976 of 2024

¶7

WRIT PETITION NO: 24282 OF 2022

¶8

Between:

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The Andhra Pradesh Southern Power Distribution Corporation Ltd, Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

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The Superintending Engineer, Operation Circle, APSPDCL Ananthapuramu Circle, JNTU College Road, Ananthapuramu rep by Its Sri.P.Nagaraju.

¶11

The Assistant Engineer, APSPDCL, Yadiki Village and MandaL Ananthapuramu Rep., by Sri. J.L.Raja Rao, S/o.J.V.Lakshman Rao. '

¶12

...Petitioners

¶13

AND

¶14

The State of Andhra Pradesh, rep., by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶15

The Consumer Disputes Redressal Commission, Anathapuramu District rep., by its President, Ananthapuramu.

¶16

Smt.Murari Sujatha, W/o. Late. Murari Narasimhudu, Aged about Not Known, Occ: Unknown.

¶17

Murari Naveen, S/o. Late. Murari Narasimhudu, Aged about 20 years, Occ. Unknown,

¶18

2 a

¶19

r 5. Murari Nani, S/o. Late. Murari Narasimhudu, Aged about 18 years Occ > Unknown, ^1; .Murari Kavitha, D/o. Late. Murari Narasimhudu Aged about 16 years. ‘ Oc^.Unknown. rep., by its Natural guardian Murari Sujatha, J^Mdrari Aparna, D/o. Late. Murari Narasimhudu Aged^about14 years. Occ. Unknown rep., by its Natural guardian Murari Sujatha. ...Respondents

¶20

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, dated 29.04.2020 made in C.C.No.54/2019 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity^Act 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶21

lA NO: 1 OF 2077

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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 stay all further proceedings in pursuance of the Order, dated 29.02.2022 made in C.C.No.54 of 2019 on the file of the Honourable Consumer Disputes Redressal Commission, Anathapuramu District, pending disposal of the above Writ Petition.

¶23

Counsel for the Petitioners: SRI V R REDDY KOWURI

¶24

(SC FOR APSPDCL)

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Counsel for the Respondents: GP FOR CIVIL SUPPLIES

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Counsel for the Respondents: SRI SESHADRI GOALLA

¶27

¶28

WRIT PETITION NO: 24298 OF 2022

¶29

Between:

¶30

The Andhra Pradesh Southern Power Distribution Corporation Ltd, Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

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The Superintending Engineer, Operation Circle APSPDCL Ananthapuramu Circle, JNTU College Road, Ananthapuramu rep by Its Sri.P.Nagaraju. r- > j

¶32

The Assistant Engineer, APSPDCL, Settur Village and Mandal, Ananthapuramu Rep., by Sri.A.Jaya Krishna.

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...Petitioners

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AND

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The State of Andhra Pradesh . rep., by its Principle Secretary,

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Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

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The Consumer Disputes Redressal Commission, Anathapuramu District rep., by its President, Ananthapuramu.

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K.Nagendra, S/o K.Musturappa, Age Not known, Occ- Unknown,

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K.Vanisree, D/o.Late. K.Nagendra, Aged about 20 years, OccUnknown,

¶40

K.Charan, S/o. Late.K.Nagendra, Aged about 18 years, Occ- Unknown

¶41

K.Somasekhar, S/o. Late.K.Nagendra, Aged about 16 years, OccUnknown, rep., by its Natural guardian K.Nagendra,

¶42

...Respondents

¶43

Petition under Articie 226 of the Constitution of india praying that in the circumstances stated in the affidavit filed therewith, the High Court mayi be pleased to issue an appropriate Writ, Order or direction more particularly one m the nature of Writ of Certiorari calling for records relating to Orders, dated 11.04.2022 made in C.C.No.86/2019 on the file of the respondent No.2 and consequentiy set aside the same by deciaring that the respondent No.2 has no jurisdiction and the Order under chaiienge is one without power or authority contrary to the Reguiations of Compensation to Victims of

¶44

Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶45

lA NO: 1 OF 2022

¶46

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 stay all further proceedings in pursuance of the Order, dated 11.04.2022 made in C.C.No.86 of 2019 on the file of the Hon'ble Consumer Disputes Redressal Commission, Ananthapuramu District, pending disposal of the above Writ Petition.

¶47

Counsel for the Petitioners: SRI V R REDDY KOWURI

¶48

(SC FOR APSPDCL)

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Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶50

Counsel for the Respondents: SRI KATA SAMBA SIVA RAO

¶51

WRIT PETITION NO: 24946 OF 2022

¶52

Between:

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The Andhra Pradesh Southern Power Distribution Corporation Ltd. Kep., by Its Ch^rman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶54

Superintending Engineer, Operation Circle, APSPDCL

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telfp'SagaNu Ananthapuramu rep., by ^n9'n®®h APSPDCL, Bommanahal Village and Mandal

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Ananthapuramu District Rep., by Sri.M.K.Lakshmi Reddy.

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...Petitioners

¶58

AND

¶59

^ Rep., by its Principle Secretary, Buildings ^Tlglp^ Amarav^^^^^ Department, Secretariat b°yrSe?L‘rnaX~ Anathapuramu District

¶60

Occ Unknow^^ W/o.Late.J.Basavaraju, Aged not Known,

¶61

Mn'lnnT D/0 Late.J.Basavaraju, Aged unknown, Occ ’ Mother Jangam Pushpavathi The respondents

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residents of Cherlopalli Village, Nagalapuram Post,

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D.Hirehal Mandal, Ananthapuramu District.

¶64

...Respondents

¶65

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari cailing for records reiating to Orders, dated 07.08.2019 made in C.C.No.110/2018 on the fiie of the respondent No.2 and consequentiy set aside the same by deciaring that the respondent No.2 has no jurisdiction and the Order under chalienge is one without power or authority contrary to the Reguiations of Compensation to Victims of Electricai Accidents Reguiation, 2017 and Eiectricity^Act 2003 apart from being violative of the fundamentai rights guaranteed to the petitioner No.1 Corporation under Articies 14 and 19 of the Constitution of India.

¶66

lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated m the affidavit fiied in support of the petition, the High Court may be pieased to stay ali further proceedings in pursuance of the Order, dated 07.08.2019 made in C.C.No.110/2018 on the file of the Hon’ble Consumer Disputes Redressal Commission, Anathapuramu District, pending disposal of the above Writ Petition.

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Counsel for the Petitioners: SRI V R REDDY KOWURI

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(SC FOR APSPDCL)

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Counsel for the Respondents: GP FOR CIVIL SUPPLIES

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Counsel for the Respondents: SRI SESHADRI GOALLA

¶72

¶73

WRIT PETITION NO: 37178 OF 2079

¶74

Between:

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The Andhra Pradesh Southern Power Distribution Corporation Ltd, Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶76

The Superintending Engineer, Operation Circle, APSPDCL Ananthapuramu Circle, JNTU College Road, Ananthapuramu rep by Its Sri.P.Nagaraju. ^

¶77

The Assistant Engineer, APSPDCL, KanekalVillage and Mandal, Ananthapuramu District Rep., by Sri. U.Ramanjaneyulu ...Petitioners

¶78

AND

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The State of Andhra Pradesh . rep., by its Principle Secretary,

¶80

Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶81

The Consumer Disputes Redressal Commission, Anathapuramu District, Ananthapuramu rep., by its President,

¶82

Ramayath Lakshmi Bai, W/o. Late Rupla Naik, Aged^about58 years. Occ. Unknown,

¶83

R.Sai Prasad Naik, S/o. Late. Rudra Swamy Naik, Aged about 13 years. Occ. Unknown,

¶84

R.Surendra Naik, S/o. Late. Rudra Swamy Naik, Aged about 11 years Occ. Unknown,

¶85

R.Kumar Naik, Late. Rudra Swamy Naik, Aged about 9 years, Occ. Unknown, The respondents No.4 to 6 are rep., by their Grandmother/Guardian Ramavath Lakshmi Bai. The respondents No.3 to 6 are the residents of Rathibavivanka Village Rayadurg Mandal, Ananthapuramu District. ® ’ ...Respondents

¶86

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 pieased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Prohibition prohibiting the respondent No.2 from

¶87

¶88

proceeding further in complaint in C.C.No.1 of 2020 on its file and consequently declare that the respondent. No.2 has no jurisdiction to entertain complaints with regard to death due to electrocution contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioners under Articles 14 and 19 of the Constitution of India.

¶89

lA NO: 1 OF 2022

¶90

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 stay all further proceedings complaint in C.C.No.1 of 2020 on the file of the Hon'ble Consumer Disputes Redressal Commission, Anathapuramu District, Ananthapuam, pending disposal of the above Writ Petition.

¶91

Counsel for the Petitioner: SRI V R REDDY KOWURI, (SC FOR APSPDCL)

¶92

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶93

Counsel for the Respondents: SRI KATA SAMBA SIVA RAO

¶94

WRIT PETITION NO: 37682 OF 2022

¶95

Between:

¶96

Andhra Pradesh Southern Power Distribution Corporation Ltd

¶97

Qriniwoo Ch^rman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

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III® Superintending Engineer,. Operation Circle, APSPDCL te irp^Na£i?aju ■ Ananthapuramu rep. by 1^1® Engineer, APSPDCL, Bommanahal Village and Mandal, Ananthapuramu District Rep., by Sri.M.K.Lakshmi Reddy.

...Petitioners

AND

The State of Andhra Pradesh . r®P ’ Principle Secretary,

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Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

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b°y ite Anathapuramu District

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® KapuLeelavathi. W/o.Late.Bandi Narayana

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Reddy @ Kapu Narayana Reddy, Aged not Known, Occ. Unknown,

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® KapuLeelavathi, W/o.Late.Bandi Narayana

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Narayana Reddy, Aged not Known, Occ. Unknown The

¶109

respondents No.3 and 4 are residents of D No 4-17 Mylapuram Village,

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Bommanhal, Ananthapuramu District

¶111

...Respondents

¶112

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, dated 19.07.2022 made in C.C.No.100 of 2019 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶113

lA NO: 1 OF 2099

¶114

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 stay all further proceedings in pursuance of the Order, dated 19.07.2022 made in C.C.No.100 of 2019 on the file of the Hon'ble Consumer Disputes Redressal Commission, Anathapuramu District, pending disposal of the above Writ Petition.

¶115

Counsel for the Petitioner: SRI V R REDDY KOWURI, (SC FOR APSPDCL)

¶116

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Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶118

Counsel for the Respondents: SRI KATA SAMBA SIVA RAO

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WRIT PETITION NO: 39335 OF 2022

¶120

Between:

¶121

The Andhra Pradesh Southern Power Distribution Corporation Ltd., Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶122

The Superintending Engineer, Operation Circle, APSPDCL, Ananthapuramu Circle, JNTU College Road, Ananthapuramu rep bv its Sri.P.Nagaraju.

¶123

The Assistant Engineer, APSPDCL, Settur Village and Mandal, Ananthapuramu Rep., by Sri.A.Jaya Krishna.

¶124

...Petitioners

¶125

AND

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The State of Andhra Pradesh, Rep., by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶127

The Consumer Disputes Redressal Commission, Anathapuramu District rep., by its President, Ananthapuramu.

¶128

Boya Chekka Polhakka, W/o. Late B.C.Ramana, Aged unknown Occ Unknown,

¶129

SmtBoya Chekka Gangamma, W/o.Late Boya Chekka Anjineyulu Aged unknown, Occ Unknown,

¶130

C.Anu, D/o. Late Boya Chekka Anjineyulu, Aged about¹⁴ years, Occ Unknown,

¶131

C.Shireesh, S/o.Late Boya Chekka Anjineyulu, Aged^about 12 years, . Occ Unknown,

¶132

C.Rushi, S/o.Late. Boya Chekka Anjineyulu, Aged about 10 years Occ.Unknown, The respondents No.5 to 7 are represented by their Hnlati' respondents No.3 to 7 are residents of Idukallu Settur Mandal, Ananthapuramu District

¶133

...Respondents

¶134

¶135

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, dated 20.06.2022 made in C.C.No.59/2020 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶136

lA NO: 1 OF 2022

¶137

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 stay all further proceedings in pursuance of the Order, dated 20.06.2022 made in C.C.No.59/2020 on the file of the Hon'ble Consumer Disputes Redressal Commission, Anathapuramu District, pending disposal of the above Writ Petition.

¶138

Counsel for the Petitioners: SRI V R REDDY KOWURI

¶139

(SC FOR APSPDCL)

¶140

Counsel for the Respondents: GP FOR CIVIL SUPPLIES Counsel for the Respondents: SRI KATA SAMBA SIVA RAO

¶141

WRIT PETITION NO: 39354 OF 2022

¶142

Between:

¶143

Rpn ^rfS'®sh Southern Power Distribution Corporation Ltd Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶144

^ Superintending Engineer, Operation Circle APSPDCi CCIege^oad, Anan^CramTfrp°"h‘-y

¶145

¶146

Ino Engineer, APSPDCL, Belugappa Village and Mandal Ananthapuramu Rep., by Sri. B. Gangadhar

¶147

...Petitioners

¶148

AND

¶149

The State of Andhra Pradesh . „ . > > by its Principle Secretary ^'Vil Supplies Department, Secretariat

¶150

Buildings, Velagapudi, Amaravati. Disputes Redressal Commission, Anathapuramu

¶151

District, rep., by its President, Ananthapuramu.

¶152

H.Sanjamma, W/o. Late H.Dugalappa, Aged unknown, Occ. Unknown

¶153

H.Mahalakshmi, D/o. Late H.Dugalappa, Aged about¹⁸ years, Occ. Unknown,

¶154

S/o-Late H.Dugalappa, Aged about 15 years, Occ. Unknown cf ™*^''al guardian Mother respondent No.3 The

¶155

Kakranm^sfprrnTDlltricr

¶156

...Respondents

¶157

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 an appropriate Writ, Order or direction more particularly one m the nature of Writ of Certiorari calling for records relating to Orders, dated 16.06.2022 made in C.C.No.17/2020 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Eiectricai Accidents Reguiation, 2017 and Eiectricity^Act 2003 apart from being vioiative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶158

lAJJOMOF 2022

¶159

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of the Order, dated 16.06.2022 made in C.C.No.17/2020 on the fiie of the Hon'bie Consumer

¶160

¶161

Disputes Redressal Commission, Anathapuramu District, pending disposal of the above Writ Petition.

¶162

Counsel for the Petitioners: SRI V R REDDY KOWURI

¶163

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶164

Counsel for the Respondents: SRI KATA SAMBA SIVA RAO

¶165

WRIT PETITION NO: 4040 OF 2023

¶166

Between:

¶167

The Andhra Pradesh Southern Power Distribution Corporation Ltd., Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶168

The Chief Engineer, Operation and Maintenance, APSPSCL, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶169

The Superintending Engineer, Operation Circle, APSPDCL, SPSR Nellore Circle, Dargamitta, Nellore rep., by its Sri.K.Vijaya’ Kumar Reddy.

¶170

The Deputy Executive Engineer, Operation Circle, Kota Sub-Division Nellore Circle, APSPDCL, Nellore rep., Sri. by E.Dam'odar.

¶171

The Assistant Engineer, APSPDCL, Vakadu Village and Mandal SPSR Nellore District, Rep. by Sri. T.Naveen Babu S/o. Late. T.Venkateshwarlu.

¶172

...Petitioners

¶173

AND

¶174

The State of Andhra Pradesh, rep., by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶175

The Consumer Disputes Redressal Commission, SPSR Nellore District rep., by its President, Nellore.

¶176

Smt.Cheruvu Sailaja, W/o. Late.Cheruvu Muni Kishore. Aged about 32 years Occ. Unknown, Residents of Sidaguntapalem, Kalluru Village Vakadu Mandal, SPSR District. ^ ’

¶177

Smt.Cheruvu Muni Vijaeswar, S/o. Late.Cheruvu Muni Kishore, Aged about 9 years. Minor, rep., by its Natural guardian Cheruvu Sailaja,

¶178

¶179

Residents of Sidaguntapalem, Kalluru Village, Vakadu Mandal, SPSR District.

¶180

Smt.Cheruvu Jasmitha, D/o. Late.Cheruvu Muni Kishore, Aged about 7 years, Minor, rep., by its Natural guardian Cheruvu Sailaja.residents of Sidaguntapalem, Kalluru Village, Vakadu Mandal, SPSR District.

¶181

...Respondents

¶182

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Order, dated 13.04.2022 made in C.C.No.44/2020 on the file of the respondent No.2 awarding a total compensation of Rs. 16,82,800/- (Rupees Sixteen Lakhs Eighty Two Thousand Only) along with interest @ Opercent per annum to the respondents No.3 to 5 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶183

lA NO: 1 OF 2023

¶184

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 stay all further proceedings in pursuance of the Order, dated 13.04.2022 made in C.C.No.44/2020 on the file of the Hon’ble Consumer Redressal Forum, Nellore, pending disposal of the above Writ Petition.

¶185

Counsel for the Petitioner: SRI V R REDDY KOWURI, (SC FOR APSPDCL) ’

¶186

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶187

¶188

Counsel for the Respondents: SRI SIVA PRASAD KATAKAMSETTY

¶189

WRIT PETITION NO: 7391 OF 2023

¶190

Between:

¶191

The Andhra Pradesh Central Power Distribution Corporation Ltd., Rep., by its Chairman-Cum-Managing Director, Office at beside Polytechnic College, ITI Road Vijayawada.

¶192

The Superintending Engineer, Guntur Operation Circle APCPDCL, Vidyuth Bhavan, Sangadigunta, Guntur.

¶193

The Deputy Executive Engineer, APCPDCL,

¶194

The Assistant Engineer Operations APCPDCL, Both are in office at opp.

¶195

Municipal Office, Ponnur, Guntur District.

¶196

...Petitioners

¶197

AND

¶198

The State of Andhra Pradesh, rep., by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶199

The Consumer Disputes Redressal Commission, Guntur District rep., by

¶200

Its President, Guntur.

¶201

Alamuri3 ward,LakshmiMulukudurBharathi,Vilage,W/o.PonnurPullaMandal,Rao, R/o.GunturD.No.District.1-178 ’ 1"* floor 4. ward,AlarnuriPullaMulukudurRao, Village,S/o. LatePonnurSubbaMandal,Rao, R/o.GunturD.No.District.1-178 ’ 1®4loor 3'"^

¶202

Alamuri Naga Sai Yogitha, W/o. Late Thukaram, R/o. Varagani Village Pendanandipadu Mandal, Guntur District.

...Respondents

or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶207

lA NO: 1 OF 2023

¶208

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 stay all further proceedings in pursuance of the Order, dated 23.12.2022 made in C.C.No.166 of 2021 on the file of the Hon'ble Consumer Disputes Redressal Commission Guntur District, pending disposal of the above Writ Petition.

¶209

lA NO: 2 OF 2023

¶210

Between:

¶211

Alamur^Lakshmi Bharathi, W/o. Pulla Rao, R/o. D.No. 1-178, 1=* floor, 3' ward, Mulukudur Vilage, Ponnur Mandal, Guntur District.

¶212

A^amuri Pulla Rao, S/o. Late Subba Rao, R/o. D.No. 1-178, 1®'floor 3 ward, Mulukudur Village, Ponnur Mandal, Guntur District!

¶213

...Petitioner/Respondent No.3 and 4 AND

¶214

The Andhra Pradesh Central Power Distribution Corporation Ltd. Rep by Its Chairman-Cum-Managing Director, Office at beside Polytechnic College, ITI Road Vijayawada. Jrf Superintending Engineer, Guntur Operation Circle APCPDCL Vidyuth Bhavan, Sangadigunta, Guntur.

¶215

The Deputy Executive Engineer, APCPDCL,

¶216

The Assistant Engineer Operations APCPDCL Both are in office at opp. Municipal Office, Ponnur, Guntur District. ’

¶217

...Respondent/Writ Petitioner

¶218

The State of Andhra Pradesh, rep., by its Principle Secretary Consumer Affairs, Food and Civil Supplies Department, SecrWariat Buildings, Velagapudi, Amaravati.

¶219

¶220

The Consumer Disputes Redressal Commission, Guntur District rep., by its President, Guntur.

¶221

Alamuri Naga Sai Yogitha, W/o. Late Thukaram, R/o. Varagani Village, Pendanandipadu Mandal, Guntur District.

¶222

...Respondents/Respondents

¶223

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 vacate the order passed in I.A.No.1 of 2023 in W.p.no.7391 of 2023 dated 27-03-2023 and dismiss the Writ petition with costs in the interest of justice.

¶224

Counsel for the Petitioner: SRI V R REDDY KOWURI, (SC FOR APSPDCL) ’

¶225

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶226

Counsel for the Respondents: SRI A.SAI ROHIT

¶227

WRIT PETITION NO: 9272 OF 2023

¶228

Between:

¶229

The Chairman And Managing Director APEPDCL Operations, PNT

¶230

colony, Seethmmadhara, Visakhapatnam. 7/!^®, Superintending Engineer, Operations, 0pp. Green Park,

¶231

Visakhapatnam.

¶232

The Assistant Engineer, Operations APEPDCL Hukumpeta,

Visakhapatnam.

...Petitioners

AND

Commission -1, rep by its President 2""* Floor

¶237

UMRDA UB Complex, C. Block, Siripuram, Visakhapatnam’.

¶238

Marri Roja Rani, D/o Jagga Rao, Aged 13 years, Hindu Student beina PHnn Guardian Marri Jagga Rao S/o^ Chinnayya, Aged 28 years, Hindu, residing at Bijjipeta,^H/o Kamayyapeta Village, Hukumpeta Mandal, Visakhapatnam District

¶239

...Respondents

¶240

¶241

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 pass an order, writ, or direction more particularly one in the nature of writ of CERTIORARI calling for records pertaining to the order dated 13.02.2023 in CC.No.209 of 2020 on the file of Hon'ble District Consumer Commission-1, Visakhapatnam, is liable to be set aside and quash the same as illegal, arbitrary, unjust against the statutory provisions of law and Act.

¶242

lA NO: 1 OF 207?

¶243

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 stay all further proceedings in pursuance of the orders passed dated 13,02,2023 in CC,No, 209 of 2020 by the Respondent No,1 on the file of the Hon'ble District Consumer Commission-1, Visakhapatnam at Visakhapatnam pending disposal of the writ petition.

¶244

Counsel for the Petitioners: SRI METTA CHENDRA SEKHAR RAO (SC FOR APEPDCL)

¶245

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶246

Counsel for the Respondents: SRI T.D.PHANI KUMAR

¶247

WRIT PETITION NO: 14954 OF 2023

¶248

Between:

¶249

The Andhra Pradesh Southern Power Distribution Corporation Ltd.,

¶250

Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati. Ig 3"'' Maintenance, APSPSCL, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶251

The Superintending Engineer, Operation Circle, APSPDCL, SPSR

¶252

Nellore Circle, Dargamitta, Nellore rep., by its Sri.K.Vijaya Kumar

¶253

Reddy.

¶254

¶255

The Deputy Executive Engineer, Operation Circle, Nellore Rural SubDivision, Nellore Circle, APSPDCL, Nellore.

¶256

The Assistant Engineer, APSPDCL, Nellore Rural-3 Section, Bujabuja Nellore, SPSR Nellore District, Rep., by Sri. Y.Raja Babu S/o.Thirupati Naidu ^

¶257

...Petitioners

¶258

AND

¶259

The State of Andhra Pradesh . rep., by its Principle Secretary,

¶260

Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶261

The Consumer Disputes Redressal Commission, SPSR Nellore District rep., by its President, Nellore.

¶262

Smt.Katam Ratnamma, @ Katam Nagaratanamma, W/o. Late.Katam Bhaskar, Aged about 43 years, Occ. Unknown.

¶263

Smt.Katam Deepika, D/o. Late.Katam Bhaskar, Aged^about21 years. Occ. Unknown,

¶264

Smt.Katam Divya, D/o. Late.Katam Bhaskar, Aged about¹⁷ years, Minor, rep., by its Natural guardian Katam Ratnamma @ Nagaratanamma

¶265

...Respondents

¶266

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Order, dated 21.04.2022 made in C.C.No.96/2020 on the file of the respondent No.2 awarding a total compensation of Rs. 13,30,000/- (Rupees Thirteen Lakhs Thirty Thousand Only) along with interest @ 9percent per annum to the respondents No.3 to 5 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental

¶267

¶268

rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶269

lA NO: 1 OF 2023

¶270

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 stay all further proceedings in pursuance of the Order, dated 21.04.2022 made in C.C.No.96/2020 on the file of the Hon'ble Consumer Redressal Forum, Nellore, pending disposal of the above Writ Petition.

¶271

Counsel for the Petitioners: SRI V R REDDY KOWURI

¶272

(SC FOR APSPDCL)

¶273

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶274

WRIT PETITION NO: 15376 OF 2023

¶275

Between:

¶276

(operation). Eastern Power Distribution Company of

¶277

o AP Limited, Akulatampara Village, Kotturu Mandal,^{SrikakulamDistrict} 2. Additional Divisional Engineer (operation). Eastern Power Distribution Di^tric^^ Limited, Sompeta Village and Mandal, Srikakulam

¶278

The Divisional Engineer (operation). Eastern Power Distribution Districr^ Limited, Tekkali Village and Mandal, Srikakulam

¶279

The Superintending Engineer(operation), Eastern Power Distribution Vq Night Hospital, Tekkali

¶280

Village and Mandal, Srikakulam District

¶281

...Petitioners

¶282

¶283

1. The District Consumer Disputes Commission, Constituted under Consumer Protection Act, 2019 (Act No.35 of 2019),rep by its President Near Balaga Mettu, Srikakulam, Srikakulam District

¶284

1. Peyyala Parvathi W/o Late Papa Rao, Aged about 43 years, Akulatampara Village and post, Kotturu Mandal, Srikakulam District.

¶285

Akulatampara Village and post, Kotturu Mandal, Srikakulam District.

¶286

1. Peyyala Ramesh S/o Late Papa Rao, Aged about 23 years, Akulatampara Village and post, Kotturu Mandal, Srikakulam District..

¶287

¶288

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 or order or direction more particularly one in the nature of writ of Certiorari calling for records pertaining to the order dated 02.12.2022 in CC.No.24 of 2021 on the file of the District Consumer Disputes Redressal Commission, Srikakulam and quash the same as illegal, arbitrary, unjust, against the statutory provisions of law and Act without Jurisdiction.

¶289

lA NO: 1 OF 2023

¶290

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 stay all further proceedings in pursuance of the orders passed dated 02.12.2022 in CC.No.24 of 2021 including EA.No.27 of 2023 by the Respondent No.1 on the file of the Hon'ble District Consumer Disputes Redressal Commission, Srikakulam pending disposal of the writ petition.

¶291

Counsel for the Petitioners: SRI METTA CHENDRA SEKHAR RAO (SC FOR APEPDCL)

¶292

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶293

Counsel for the Respondents: SRI ARAVALA RAMA RAO

¶294

WRIT PETITION NO: 16025 OF 2023

¶295

Between:

¶296

The Andhra Pradesh Southern Power Distribution Corporation Ltd., Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶297

and Maintenance, APSPSCL, Office at

¶298

19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶299

1. The Superintending Engineer, Operation Circle APSPDCL, SPSR Nellore Circle, Dargamitta, Nellore rep., by its Sri.K.Vijaya Kumar

¶300

Reddy.

¶301

¶302

The Deputy Executive Engineer, Operation Circle, Venkatagiri SubDivision, Nellore Circle, APSPDCL, Neliore.

¶303

The Assistant Engineer, APSPDCL, Rural Section, Venkatagiri SPSR Nellore District, Rep., by Sri. Y.Raja Babu S/o.Thirupati^Naidu

¶304

...Petitioners AND

¶305

The State of Andhra Pradesh, rep., by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶306

The Consumer Disputes Redressal Commission, SPSR Nellore District rep., by its President, Nellore.

¶307

Doneparthi Dhanamma, W/o Late Doneparthi Subharamaiah Aged about 40 Years, Occ. Unknown.

¶308

Puli Nagamani, W/o Late Doneparthi Subharamaiah, W/o P.Mani Aged about 22 Years, Occ. Unknown.

¶309

Doneparthi Jyothi, W/o Late Doneparthi Subharamaiah, Aged about 22 Years, Occ. Unknown. Late Doneparthi Subharamaiah, Aged about

¶310

40 Years, Occ. Unknown.

¶311

The respondents No.3 to 6 are residents of Yathaluru(P), Kammapalli Venkatagiri(M), SPSR Nellore District.

¶312

...Respondents

¶313

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to the Order, dated 09.11.2022 made in C.C.No.50/2022 on the file of the respondent No.1 awarding a total compensation of Rs. 15,32,000/- (Rupees FifteenLakhsThirtyTwo Thousand Only) along with interest @ 9 percentage per annum to the respondents No.3 to 6 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the

¶314

¶315

Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶316

lA NO: 1 OF 2023

¶317

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 stay all further proceedings in pursuance of the Order, dated 09.11.2022 made in C.C.No.50/2022 on the file of the Hon'ble Consumer Redressal Forum, Nellore, pending disposal of the above Writ Petition.

¶318

Counsel for the Petitioners: SRI V R REDDY KOWURI

¶319

(SC FOR APSPDCL)

¶320

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶321

WRIT PETITION NO: 26641 OF 202.?

¶322

Between:

¶323

The Andhra Pradesh Southern Power Distribution Corporation Ltd., Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶324

The Superintending Engineer, Operation Circle. APSPDCL Ananthapuramu Circle, JNTU College Road, Ananthapuramu rep by Its Sri.P.Nagaraju. ^ ^

¶325

The Assistant Engineer, APSPDCL, Bommanahal Viliage^andMandal Ananthapuramu District Rep., by Sri.M.K.Lakshmi Reddy.

¶326

...Petitioners

¶327

AND

¶328

^ of Andhra Pradesh, rep. by its Principle Secretary,^Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings Velagapudi, Amaravati. ’

¶329

The Consumer Disputes Redressal Commission, Anathapuramu District, rep., by its President, Ananthapuramu.

¶330

Kavali Varalakshmi, W/o Late Anjaneya K.Anjaneyulu, Age unknown.

¶331

¶332

KavaliAmaresh, S/o Late Anjaneya K.Anjaneyulu Aged about 22 years, 5. KavaliSireesha, S/o Late Anjaneya K.Anjaneyulu Aged about 19 years. 6. Kavali Vishnu Vardhan, S/o Late Anjaneya, Aged about 17 years.

¶333

...Respondents

¶334

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, dated 18.09.2019 made in C.C.No.104 of 2019 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity^Act 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶335

lA NO: 1 OF 209.^

¶336

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to stay all further proceedingsⁱⁿ i pursuance of the Order, dated 18.09.2019 made in C.C.No.104 of 2019 on the file of the Hon'ble Consumer Disputes Redressal Commission, Anathapuramu District pending disposal of the above Writ Petition.

¶337

Counsel for the Petitioners: SRI V R REDDY KOWURI,

¶338

(SC FOR APSPDCL)

¶339

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶340

¶341

Counsel for the Respondents: SRI B.V.S.CHALAPATI RAO

¶342

WRIT PETITION NO: 26643 OF 20?.?

¶343

Between:

¶344

The Andhra Pradesh Southern Power Distribution o, Corporation Ltd.,

¶345

Rep., by its Chairman-Cum-Managing Director Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶346

The Superintending Engineer, Operation Circle APSPDCL “XgaTaju'"''"'' ^'’^"‘hapuramu rep., by

¶347

The Assistant Engineer, APSPDCL, D.Hirehai Village and Mandal Ananthapuramu Distnct Rep,, by Sri. M.K.Lakshmi Reddy

¶348

...Petitioners

¶349

AND

¶350

The State of Andhra Pradesh, rep., by its Principle Secretary Civil Supplies Department, Secretariat

¶351

Buildings, Velagapudi, Amaravati. ren® D Commission, Anathapuramu District rep., by its President, Ananthapuramu.

¶352

Smt.Jogi Lalitha, W/o.Late.J.Ramesh, Aged not Known, Occ. Unknown, 4. Jogi Madhu, S/o.Late.J.Ramesh, Aged unknown Occ. Unknown, Rep.,

¶353

by her Mother Jogi Lalitha W/o.Late.J.Ramesh

¶354

Jogi Prameelamma, W/o.J.Devendra

¶355

Jogi Devendra, So. J.Lakshmanna Kollappa The respondents No 3 to 6 DistrS''^^"** Uddehal Village Bommenhal Mandal, Ananthapuramu

...Respondents

No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act. 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶360

lA NO: 1 OF 2023

¶361

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 stay all further proceedings in pursuance of the Order, dated 12.09.2022 made in C.C.No.89/2019 on the file of the Hon'ble Consumer Disputes Redressal Commission, Anathapuramu District, pending disposal of the above Writ Petition.

¶362

Counsel for the Petitioners: SRI V R REDDY KOWURI,

¶363

(SC FOR APSPDCL)

¶364

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶365

WRIT PETITION NO: 27023 OF 2023

¶366

Between:

¶367

Pradesh Eastern Power Distribution Corporation Limited 7®P''®sented by its Assistant Engineer, Tekkali Village^and

¶368

Mandal, Srikaku am District.

¶369

Eastern Power Distribution Corporation Limited

¶370

M Divisional Engineer, Tekkali Village

¶371

and Mandal, Srikakulam District.

¶372

Eastern Power Distribution Corporation Limited

¶373

(APhPDCL) Represented by its Superintending Engineer, Tekkali Village and Mandal, Srikakulam District.

¶374

...Petitioners

¶375

AND

¶376

The District Corisumer Disputes Redressal Commission, Srikakulam represented by its President, Near Balaga Mettu, Srikakulam Srikakulam District

¶377

¶378

Simhachalam, Hindu, Aged about 33 years

¶379

Peddabhempuram Village, Meghavaram Post, Tekkali Mandal Srikakulam District.

¶380

Godda Naveen, S/o. Late Simhachalam, Hindu, Aged about 13 years Occ. Student, Peddabhempuram Village, Meghavaram Post, Tekkali ’ Mandal, Srikakulam District.

¶381

Godda Revathi Pathi, S/o. Late Simhachalam, Hindu, Aged about 12 Student, Peddabhempuram Village, Meghavaram Post,

¶382

Tekkali Mandal, Srikakulam District. (The 3^^^ and 4*^ respondents are being minors represented by their natural guardian their mother next friend Godda Laxmi, W/o Late Simhachalam).

¶383

...Respondents

¶384

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 or order or direction more particularly one in the nature of writ of Certiorari calling for records pertaining to the order passed dated 26.07.2023 in CC.No.11 of 2022 on the file of the District Consumer Disputes Redressal Commission, Srikakulam without jurisdiction, and quash the same as illegal, arbitrary, unjust, against the statutory provisions of law and Act.

¶385

lA NO: 1 OF 202.?

¶386

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 stay of all further proceedings in CC. No. 11 of 2022 i n pursuance of the orders passed dated 26.07.2023 by the Respondent No.1 on the file of the District consumer Disputes Redressal Commission, Srikakulam pending disposal of the writ petition.

¶387

Counsel for the Petitioners: SRI METTA CHENDRA SEKHAR RAO (SC FOR APSPDCL) Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶388

Counsel for the Respondents: SRI KARRE SATYANANDAM

¶389

¶390

WRIT PETITION NO: 28102 OF 2023

¶391

Between:

¶392

The Andhra Pradesh Southern Power Distribution Corporation Ltd Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati. S’^Psi'intending Engineer, Operation Circle, APSPDCL

¶393

Ananthapuramu Circle, JNTU College Road, Ananthapuramu rep by Its Sri.P.Nagaraju. . y

¶394

The Assistant Engineer, APSPDCL, Tadimarri Village and Mandal Ananthapuramu Rep., by Sri. A.Vijasekhar.

¶395

...Petitioners

¶396

AND

¶397

The State of Andhra Pradesh, rep., by its Principle Secretary, D ^'vil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶398

The Corisumer Disputes Redressal Commission, Anathapuramu District rep., by its President, Ananthapuramu.

¶399

Kalle Adinaryana, S/o Late K.Kondaiah, Aged about⁵³ years.

¶400

Kalle Lakshmi Devi, W/o Kalle Adinarayana,

¶401

Kalle Pramod Kurnar, S/o. Kalle Adinarayana All the respondents are SstricL*^ Village, Tadimarri Mandal, Ananthapuram

¶402

...Respondents

¶403

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari caiiing for records relating to Orders, dated 14.06.2023 made in C.C.No.69/2021 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act. 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶404

¶405

lA NO: 1 OF 2023

¶406

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 stay all further proceedings in pursuance of the Order, dated 14.06.2023 made in C.C.No.69/2021 on the file of the Hon'ble Consumer Disputes Redressal Commission, Anathapuramu District, pending disposal of the above Writ Petition.

¶407

Counsel for the Petitioners: SRI V R REDDY KOWURI, (SC FOR APSPDCL)

¶408

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶409

WRIT PETITION NO: 29567 OF 2023

¶410

Between:

¶411

The Andhra Pradesh Southern Power Distribution Corporation Ltd., Rep., by its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road. Tirupati.

¶412

The Superintending Engineer, Operation Circle, APSPDCL, Ananthapuramu Circle, JNTU College Road, Ananthapuramu rep. by its Sri.M.Surendra.

¶413

The Deputy Executive Engineer, Operation, East S.D., APSPDCL Kadiri.

¶414

The Assistant Engineer, APSPDCL, Mudigubba Village^and Mandal Ananthapuramu District Rep., by Sri A.Shiva Teja. ...Petitioners

¶415

AND

¶416

The State of Andhra Pradesh, rep., by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶417

The Consumer Disputes Redressal Commission, , Anathapuramu District rep., by its President, Ananthapuramu

¶418

Atmakuru Krishna, S/o. Late A.Ganganna, Aged about 48 years OccPrivate Employee.

¶419

Atmakuru Parvathamma, W/o. Atmakuru Krishna Aged^about42 years. Occ- Housewife,

¶420

Atmakuru Jyothi, D/o.Atmakuru Krishna Aged about 20 years OccStudent,

¶421

...Respondents

¶422

¶423

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, dated 25.04.2023 made in C.C.No.28 of 2020 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation. 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶424

lA NO: 1 OF 207?

¶425

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 stay all further proceedings inpursuance of the Order, dated 25.04.2023 made in C.C.No.28 of 2020 on the file of the Hon'ble Consumer Disputes Redressal Commission, Anathapuramu District pending disposal of the above Writ Petition.

¶426

Counsel for the Petitioners: SRI V R REDDY KOWURI, (SC FOR APSPDCL)

¶427

Counsel for the Respondents: GP FOR CIVIL SUPPLIES Counsel for the Respondents: SRI RAMAVATH BALAJI NAIK

¶428

WRIT PETITION NO: 29864 OF 2023

¶429

Between:

¶430

Ren Southern Power Distribution Corporation Ltd Srinivasapuram,Rep., by its Chairman-Cum-ManagingTiruchanoor Road, Tirupati.Director. Office'ce atat 1919-1313 65/A65/A

¶431

¶432

The Superintending Engineer, Operation Circle, APSPDCL Ananthapuramu Circle, JNTU College Road, Ananthapuramu rep by Its Sri.M.Surendra. ^

¶433

wThe,, Assistant,, , EngineerAPSPDCL, Duggupalli Village Yell^anuruMandal, Ananthapuramu District Rep., by Sri.V.Padmanab ha Reddy.

¶434

...Petitioners and

¶435

The State of Andhra Pradesh, rep., by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶436

The Consumer Disputes Redressal Commission, Anathapuramu District rep., by its President, Ananthapuramu.

¶437

Myle Mallikarjuna, S/o. Late Myle Pedda Narayana, Aged about Y ssrs,

¶438

Smt. Myle Savithri, S/o.Myle Mallikarjuna, Aged^about... years. 5. Myle Maheswari, D/o. Myle Mallikarjuna, Aged about... years.

¶439

Myle Madhavi, D/o. Myle MallikarjunaAged about years^The respondents No.3 to 6 are residents of Duggupalli VillageYallanu^r mandal. Ananthapuramu District.

¶440

...Respondents

¶441

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, dated 25.08.2022 made in C.C.No. 112 of 2019 on the file of the respondent No,2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order Under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity^Act 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶442

¶443

lA NO: 1 OF 2023

¶444

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 stay all further proceedings in-pursuance of the Order, dated 25.08.2022 made in C.C.No.112 of 2019 on the file of the Hon'ble Consumer Disputes Redressal Commission, Ananthapuram District, pending disposal of the above Writ Petition.

¶445

Counsel for the Petitioners: SRI V R REDDY KOWURI, (SC FOR APSPDCL)

¶446

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶447

WRIT PETITION NO: 31025 OF 2023

¶448

Between:

¶449

Superintending Engineer, Operation Circle, APSPDCL

¶450

its Irf^P^agTraj?'^^^’ College Road, Ananthapuramu^rep.,by APSPDCL, Yallanur Village and Mandal,

¶451

Ananthapuramu District Rep., by Sri I.Janakiramaiah

¶452

...Petitioners

¶453

AND

¶454

The State of Andhra Pradesh ^ . fep., by its Principle Secretary Supplies Department, Secretariat

¶455

Buildings, Velagapudi, Amaravati.

¶456

b? itsTresS'rni'nte^^ Anathapuramu District 3. Chakali Harini, W/o. Late.C.Chidambar Aged about³⁴ years. 4. Chakali Bharadwaj, S/o. Late.Chidambar, Aged about 12 years. 5. Chakali Yaswanth, S/o. Late.C.Chidambar, Aged about 10 years. The respondents No.4 and 5 are minors Represented by their natural § No iTlsI i ° ? '•®®P°"dents are ersidents of District ^ Dfiaramavaram Town, Ananthapuramu

¶457

...Respondents

¶458

¶459

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, dated 29.05.2023 made in C.C.No.02/2020 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶460

lA NO: 1 OF 2023

¶461

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 stay all further proceedings inpursuance of the Order , dated 29.05.2023 made in C.C.No.02/2020 on the file of the Hon'ble Consumer Disputes Redressal Commission, Anathapuramu District, pending disposal of the above Writ Petition.

¶462

Counsel for the Petitioners: SRI V R REDDY KOWURI, (SC FOR APSPDCL)

¶463

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶464

WRIT PETITION NO: 45 OF 9n9d

¶465

Between:

¶466

The Andhra Pradesh Southern Power Distribution Corporation Ltd. Kep., by Its Chairman-Cum-Managing Director, Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati.

¶467

The A.P.S.P.p.C L., (Andhra Pradesh Southern Power Distribution Company Limited), Rep. by its Superintending Engineer, Near J N T U College Road,Ananthapuramu.

¶468

¶469

The A.P.S.P.D.C.L., (Andhra Pradesh Southern Power Distribution CompanyLimited), Rep. by its Assistant Engineer, Kanekal Village, Post and Mandal, Ananthapuramu District.

¶470

...Petitioners

¶471

AND

¶472

The State of Andhra Pradesh, rep. by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶473

The Consumer Disputes Redressal Commission, Anathapuramu^District rep., by its President, Ananthapuramu.

¶474

Gowri Gowri, W/o Late Gowri Basavaraju, Aged about 37 years, D.No.3/143, O.C Colony, Ambapuram Village, Kanekal Mandal,’ Ananthapuram District.

¶475

Gowri Hemanth, S/o Late Gowri Basavaraju, Aged about 20 years, D.No.3/143, O.C Colony, Ambapuram Village, Kanekal Mandal, Ananthapuram District.

¶476

Gowri Likitha, D/o. Late Gowri Basavaraju, Aged about 19 years, D.No.3/143, O.C Colony, Ambapuram Village, Kanekal Mandal Ananthapuram District. ’

¶477

P. Ramanna Gowd @Rayanna Gowd, S/O P.Hanumanna Gowd Aged about 65 years, D.No.3/143, O.C Colony, Ambapuram Village,^Kanekal Mandal, Ananthapuram District.

¶478

G. Parvathamma, W/o P. Ramanna Gowd@ Rayanna Gowd Aged about 60 years, D.No.31143, O.C Colony, Ambapuram Village,^Kanekal Mandal, Ananthapuram District.

...Respondents

lA NO: 1 OF 2024

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 stay all further proceedings in-pursuance of the Order, dated 03.05.2023 in CC.No.91 of 2021 on the file of the Honourable Consumer Disputes Redressal Commission, Ananthapuram District, pending disposal of the above Writ Petition.

¶485

Counsel for the Petitioners: SRI V R REDDY KOWURI, (SC FOR APSPDCL)

¶486

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶487

WRIT PETITION NO: 401 OF 2024

¶488

Between:

¶489

The Andhra Pradesh Southern Power Distribution Corporation Ltd., Rep., by its the Superintending Engineer, Operation Circle, APSPDCL Ananthapuramu Circle, JNTU College Road, Ananthapuramu rep by Its Sri.Surendra. ^

¶490

The Superintending Engineer, Operation Circle, APSPDCL Ananthapuramu Circle, JNTU College Road, Ananthapuramu rep by Its Sri.P.Nagaraju.

¶491

The Assistant Engineer, APSPDCL, Peddavaduguru Village and Mandal, Anathapuram District rep., by P.Md.Shafuiddin. ...Petitioners

¶492

AND

¶493

The State of Andhra Pradesh . I'ep-. by its Principle Secretary,

¶494

Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶495

The Consumer Disputes Redressal Commission, Anathapuramu District rep., by its President, Ananthapuramu.

¶496

Nakka Sunkalamma, W.o. Late Obulesu, Aged abou 34 years.3.

¶497

Nakka Varsha, D/o. Late N.Obulesu, Aged about 17 years.4.

¶498

¶499

Nakka Arun Kumar, S/o. Late N.Obulesu, Aged about 15 years.5.

¶500

Nakka Anil Kumar, S/o. Late.N.Obulesu, Aged about 13 years The respondents No.4 to 6 are minors represented by their natural guardian i.e respondent No.3. All the respondents are residents of Miduthuru Village, Peddavaduguru Mandal, Ananthapuramu District.

¶501

...Respondents

¶502

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, 19.04.2023 made in C.C.No. 18/2020 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶503

lA NO: 1 OF 2074

¶504

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 stay all further proceedings inpursuance of the Order, dated 19.04.2023 made in C.C.No. 18/2020 on the file of the Hon’ble Consumer Disputes Redressal Commission, Anathapuramu District, pending disposal of the above Writ Petition.

¶505

Counsel for the Petitioners: SRI V R REDDY KOWURI,

¶506

(SC FOR APSPDCL)

¶507

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶508

¶509

WRIT PETITION NO: 497 OF 2024

¶510

Between:

¶511

The Andhra Pradesh Southern Power Distribution Corporation Ltd.,

¶512

Kep., by Its Chairman-Cum-Managing Director Office at 19-13-65/A Srinivasapuram, Tiruchanoor Road, Tirupati Superintending Engineer, Operation Circle APSPnri Engineer, APSPOCL, BommanahalVillage and Mandal

¶513

Ananthapuramu District Rep., by Sri.M.K.Lakshmi Reddy.

¶514

...Petitioners

¶515

AND

¶516

’ ■ r '■ep., by its Principie Secretary, Buiidings ^bglpuHmaravar"'''’"®®

¶517

r?p! b°yr?rt;PdLTAnaXtfrlmu°"^"’"^ Anathapuramu District

¶518

Aged about 23

¶519

yearlllS^.

¶520

yea^fllie ersDondeifMn'i-h"- @ G°"®Sarmas Sab, Aged^about8

¶521

^ "•

...Respondents

being violative of the fundamental rights guaranteed to the petitioner No.i Corporation under Articles 14 and 19 of the Constitution of India.

¶526

lA NO: 1 OF 2024

¶527

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 stay all further proceedings in pursuance of the Order dated 07.01.2023 made in C.C.No.10 of 2020 on the file of the respondent No.2, pending disposal of the above Writ Petition.

¶528

Counsel for the Petitioners: SRI V R REDDY KOWURI, (SC FORAPSPDCL)

¶529

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶530

WRIT PETITION NO: 4607 OF 2024

¶531

Between:

¶532

The Andhra Pradesh Southern Power Distribution Corporation Ltd Kep., by Its Superintending Engineer, Operation Circle, APSPDCL Ananthapuramu Circle, JNTU College Road,

¶533

The Assistant Engineer, APSPDCL, Tadimarri Village and Mandal Ananthapuramu District.

¶534

...Petitioners

¶535

AND

¶536

The State of Andhra Pradesh, rep., by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶537

The Consumer Disputes Redressal Commission, Anathapuramu District rep., by its President, Ananthapuramu.

¶538

Smt. Dasagani Laksmidevi, W/o Late Dasagani Sivaiah, Aged about 37 yssrs.

¶539

Dasagani Chandu, S/o Late Dasagani Sivaiah, Aged about¹⁷ years. 5. Dasagani Vamsi, S/o. Dasagani Sivaiah, Aged about 13 years.

¶540

...Respondents

¶541

¶542

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, dated 13.07.2023 made in C.C.No. 45 of 2020on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶543

\A NO: 1 OF 2024

¶544

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 may be pleased to stay all further proceedings in pursuance of the Order dated 13.07.2023 made in C.C.No.45 of 2020 on the file of the respondent No.2, pending disposal of the above Writ Petition.

¶545

Counsel for the Petitioners: SRI V R REDDY KOWURI, (SC FOR APSPDCL)

¶546

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶547

WRIT PETITION NO: 4998 OF 7()9d

¶548

Between:

¶549

Superintending Engineer, Operation Circle, APSPDCL

¶550

Ananthapuramu Circle, JNTU College Road, oru^L,

¶551

1. The Assistant Engineer, APSPDCL, Tanakal Village and Mandal, Anathapuram District rep., by G.Sreekanth. ...Petitioners

¶552

, o and 1. The State of Andhra Pradesh, rep., by its Principle Secretary Affairs, Food and Civil Supplies Department, Secretariat

¶553

Buildings, Velagapudi, Amaravati.

¶554

¶555

The Consumer Disputes Redressal Commission, Anathapuramu District rep., by its President, Ananthapuramu.

¶556

Endia Sreeramulu, , S/o.E.Gangulappa Aged about unknown years 4. E.Ramanamma, W/o. E.Sreeramulu Aged about unknown years

¶557

E.Rajkumar, S/o.E.Sreeramulu. Aged about unknown years The respondents No.3 to 5 are residents of Balasamudram Village,' Tanakal Mandal, Ananthapuramu District.

¶558

...Respondents

¶559

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders 07.01.2020 made in C.C.No. 119/2018 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶560

lA NO: 1 OF 2024

¶561

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased to stay aii further proceedings in pursuance of the Order, dated 07.01.2020 made in C.C.No.119/2018 on the file of the Hon'ble Consumer Disputes Redressal Commission, Anathapuramu District, pending disposal of the above Writ Petition.

¶562

Counsel for the Petitioners: SRI V R REDDY KOWURI,

¶563

(SC FOR APSPDCL)

¶564

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶565

¶566

WRIT PETITION NO: 5133 OF 2024

¶567

Between:

¶568

The A.P.S.P.p.C.L., (Andhra Pradesh Southern Power Distribution Company Limited), Rep. by its Superintending Engineer, Near J.N.T U College Road, Ananthapuramu.

¶569

The A.P.S.P.D.C.L., (Andhra Pradesh Southern Power Distribution Company Limited), Rep. by its Assistant Engineer, Talpula Village, Post and Mandal, Ananthapuramu District.

¶570

...Petitioners

¶571

AND

¶572

The State of Andhra Pradesh, rep. , by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat

¶573

Buildings, Velagapudi, Amaravati.

¶574

The Consumer Disputes Redressal Commission, Anathapuramu District rep., by its President, Ananthapuramu.

¶575

Kokkanti Govindu, S/o. Kokkanti Rammanna, Aged about⁴¹ years. D.No.4-65, Talpula Mandal, Ananthpuram District.

¶576

Kokkanti. Ramadevi, W/o Kokkanti Govindu, Aged about³⁹ years. D.No.4-65, Talpula Mandal, Ananthpuram District.

¶577

Kokkanti Sheshu, S/o Kokkanti Govindu, Aged about 18 years, D.No 4- 65, Talpula Mandal, Ananthpuram District.

¶578

...Respondents

¶579

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fiied therewith, the High Court may be pieased to issue an appropriate Writ, Order or direction more particuiariy one in the nature of Writ of Certiorari calling for records relating to Orders, dated 26.06.2023 in CC.No.37 of 2022 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity^Act 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶580

¶581

lA NO: 1 OF 2024

¶582

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to stay all further proceedings in-pursuance of the Order, dated 26.06.2023 in CC.No.37 of 2022 on the file of the Hon’ble Consumer Disputes Redressal Commission, Ananthapuram District pending disposal of the above Writ Petition.

¶583

Counsel for the Petitioners: SRI V R REDDY KOWURI,

¶584

(SC FOR APSPDCL)

¶585

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶586

WRIT PETITION NO: 5140 OF 2024

¶587

Between:

¶588

Pradesh Southern Power Distribution Corporation Ltd

¶589

Ana^nthaULu^MTS cXTRoa?®''""°"

¶590

and Mandal,

¶591

InanffiaturarI,u"S&

¶592

...Petitioners

¶593

AND

¶594

ron,^SJfr°i« "'‘'^1 Pradesh, rep., by its Principle Secretary, RniMnn. u T ®' P^.o^ and Civil Supplies Department,^Secretariat Buildings, Velagapudi, Amaravati.

¶595

iS.! b°yrS^T AnaX?^^^^^^ Anathapuramu District

¶596

S%^^?al'J?,ra^nSVa^^ Vears,

¶597

Tapovanam,Boyapati Ramana,Ananthapuramu.S/o Late B. Sainath, Aged about 43 years.

...Respondents

one in the nature of Writ of Certiorari calling for records relating to Orders dated 03.08.2023 made in C.C.No. 70 of 2022 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶602

lA NO: 1 OF 2024

¶603

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 stay all further proceedings in pursuance of the Order dated 03.08.2023 made in C.C.No.70 of 2022 on the file of the respondent No.2, pending disposal of the above Writ Petition.

¶604

Counsel for the Petitioners: SRI V R REDDY KOWURI, (SC FOR APSPDCL)

¶605

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶606

WRIT PETITION NO: 5265 OF 202d

¶607

Between :

¶608

The Andhra Pradesh Southern Power Distribution Uv Company Limited,

¶609

Rep. by its Superintending Engineer, Near J N T U College Road,

¶610

Ananthapuramu.

¶611

The Deputy Executive Engineer, Operation, East S.D., A.P.S.P.D.C.L,

¶612

Kadiri, Ananthapuramu District.

¶613

The A.P.S.P.D.C.L., (Andhra Pradesh Southern Power Distribution

...Petitioners

AND

The State Of Andhra Pradesh, rep., by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶618

The Consumer Disputes Redressal Commission, Anathapuramu^District rep., by its President, Ananthapuramu.

¶619

Syed.Ammaji, W/o Late Syed Baba Vali, Aged about 26 years, residents of D. No. 1-1573, Gate Kottala, Mudigubba Village, Post and Mandal, Ananthapuramu District.

¶620

S.Mahammad Mubarak, S/o Late Syed Baba Vali, Aged about 4 years Minor, residents of D. No. 1 -1573, Gate Kottala, Mudigubba Village, Post and Mandal, Ananthapuramu District, (represented by his next friend Guardian mother Syed Ammaji (1 Complainant).

¶621

Syed Khaja, S/o Syed Khasim Peera, Aged about 55 years, residents of D. No. 1-1573, Gate Kottala, Mudigubba Village, Post and Mandal, Ananthapuramu District.

¶622

Syed Chand Bee, W/o Syed Khasim Peera, Aged about 50 years, residents of D. No. 1-1573, Gate Kottala, Mudigubba Village, Post and Mandal, Ananthapuramu District.

¶623

...Respondents

¶624

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, date 26.04.2023 in CC.No.31 of 2020 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricrty Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶625

¶626

lA NO: 1 OF 2024

¶627

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 stay all further proceedings in-pursuance of the Order, date: 26.04.2023 in CC.No.31 of 2020 on the file of the Hon’ble Consumer Disputes Redressal Commission, Ananthapuram District, pending disposal of the above Writ Petition.

¶628

Counsel for the Petitioners: SRI V R REDDY KOWURI, (SC FOR APSPDCL)

¶629

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶630

WRIT PETITION NO: 5457 OF 2024

¶631

Between:

¶632

^ Southern Power Distribution Corporation Ltd Rep., by its Assistant Engineer, Operation APSPDCL, Talupula

¶633

^ KadirPlast^ Executive Engineer, Operation Sub Division^APSPDCL,

¶634

The Superintending Engineer, APSPDL JNTU College Road,

¶635

Ananthapuramu District.

¶636

...Petitioners

¶637

. -ru o and rep., by its Principle Secretary,

¶638

Buildings 4teglpS°Amaravafl Secretariat i'et b°yrSeTrnaX~"^ Anathapuramu District

¶639

“-ate M.Krishnaiah, R/o.

¶640

Chillakondayapalli Village, Tadimarri Mandal, Ananthapuramu District.

...Respondents

No.2 has no jurisdiction and the Order under challenge is one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulation, 2017 and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶645

lA NO: 1 OF 2024

¶646

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 stay all further proceedings in pursuance of the Order dated 15.07.2023 made in C.C.No.49 of 2020 on the file of the respondent No.2, pending disposal of the above Writ Petition.

¶647

Counsel for the Petitioners: SRI V R REDDY KOWURI,

¶648

(SC FOR APSPDCL)

¶649

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶650

WRIT PETITION NO: 5976 OF 2024

¶651

Between:

¶652

The Andhra Pradesh Southern Power Distribution Corporation Ltd., Rep., by its Assistant Engineer, Atmakuru Village Operation Circle, APSPDCL, Ananthapuramu Circle, JNTU College Road,

¶653

Ananthapuramu

¶654

The Superintending Engineer, APSPDCL, JNTU College Road Ananthapuramu District.

¶655

...Petitioners

¶656

AND

¶657

The State of Andhra Pradesh, rep., by its Principle Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati.

¶658

The Consumer Disputes Redressal Commission, Anathapuramu District rep., by its President, Ananthapuramu.

¶659

Kurma Hanumanna, S/o. K.ltukalappa, Aged about 47 years. 4. Kurma Venkatalakshmi, W/o. Kurma Hanumana, Aged^about46 years.

¶660

¶661

Kurma Chittemma, D/o. Kurma Hanumana, Aged about 19 years. (Respondents No.3 to 5 are residents of D;No.4/118-A, Sanapa Village, Atmakuru Mandal, Ananthapuramu District.)

¶662

Bayakati Madhavaiah, S/o. B.Hanumanthu, Sanapa Village,^Atmakuru Manadal, Ananthapuramu District.

¶663

...Respondents

¶664

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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to Orders, dated 26.09.2023 made in C.C.No.41 of 2022 on the file of the respondent No.2 and consequently set aside the same by declaring that the respondent No.2 has no jurisdiction and the Order under challenge ISi one without power or authority contrary to the Regulations of Compensation to Victims of Electrical Accidents Regulastion,²⁰¹⁷ and Electricity Act, 2003 apart from being violative of the fundamental rights guaranteed to the petitioner No.1 Corporation under Articles 14 and 19 of the Constitution of India.

¶665

lA NO: 1 OF 2024

¶666

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 stay all further proceedings in pursuance of the Order dated 26.09.2023 made in C.C.No.41 of 2022 on the file of the respondent No.2, pending disposal of the above Writ Petition.

¶667

Counsel for the Petitioners: SRI V R REDDY KOWURI,

¶668

(SC FOR APSPDCL)

¶669

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

¶670

The Court made the following common order:

¶671

m THE HIGH COURT OP AHDHRA PRADESH: AMARAVATI

¶672

HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

¶673

¶674

HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

¶675

W.P.NOS.S488S, 84S98. 84946. 57178. 57682. 59535. 39554, of 2028 . 4040, 7891, 9272, 14954, 15576. 16025. 86641, 26645. 27025. 2810S.

¶676

29567, S9864. 51085, of 2085 and 45. 401. 497, 4607,4998, 5155.

¶677

5140, 5265, 5457, 5976 of 2024

¶678

(Through physical mode)

¶679

W.P.NO.14954/8085

¶680

BETWEEN:

¶681

The Andhra Pradesh Southern Power Distribution Corporation Ltd., Rep. by its Chairman-cum-Managing Director, Office at 19-15-65/A Srinivasapuram, Tiruchanoor Road, Tirupati and 4 others.

¶682

...Petitioners Versus .

¶683

The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs, Pood and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati and 4 others.

¶684

...Respondents

¶685

Counsel for the petitioners : Sri V.R. Reddy Kowuri, and Sri Metta Chandra Sekhara Rao

¶686

Counsel for respondents 1& 8 : G.P. for Civil Supplies

¶687

¶688

Ha & RRR,J W.P.Nos. 14954 of 2023 & batch

¶689

COMMON ORDER

¶690

.as Dt: .04.2024

¶691

(per Hon’ble Sri Justice R.Ragliuiiandaii Rao)

¶692

Heard Sri V.R. Reddy Kowuri, and Sri Metta Chandra Sekhara Rao, learned counsel appearing for the petitioners^inallthe writ petitions and learned Government Pleader for Civil Supplies appearing for respondents in all the writ petitions.

¶693

All these cases are being disposed of by way of a common order as they all raise the same question of^law.

¶694

The petitioners in all these writ petitions are the distribution companies supplying electrical power to their consumers. These distribution companies have an estabhshed network of wires and cables for distributing and supplying^electrical power to its consumers. There have been various incidents/accidents where the persons purchasing power from these distribution companies or other persons have come in contact with hve wires due to which they have lost their lives or have suffered injuries. Similarly, persons purchasing electrical power from these distribution companies have suffered losses on accoimt of voltage fluctuations etc., damaging their equipment and^other gadgets.

¶695

¶696

HG & RRR,J W.P.Nos.14954 of 2023 & batch

¶697

The dependents and family members of the persons who have lost their hves, persons who have suffered injuries^totheir body, or persons who claim damages on account of damage^caused to their equipment or gadgets, have all been approaching the Consumer Fora, estabhshed tmder the Consumer Proetection Act, 2019. These consumer fora, after hearing both sides had^been awarding damages to the apphcants. The distribution companies have now filed the present set of writ petitions challenging^the jurisdiction of the Consumer Fora estabhshed under the Consumer Protection Act, 2019 to take up such complaints and to award damages against the distribution companies.

¶698

The contention pf the distribution companies / petitioners herein are as follows:

¶699

a) The distribution companies operate under the provisions^of the Electricity Act, 2003. The Electricity Act also provides for the constitution of a State Regulatory Commission, which would prescribe the standards and regulations to be foUowed, apart from the provisions in the Electricity Act itself.

¶700

b) The Andhra Pradesh Electricity Regulatory Commission has issued regulations caUed as Compensation to Victims of Electrical Accidents Regulations, 2017, which stipulate payment of

¶701

¶702

HQ & RRR,J W.P.Nos. 14954 of 2023 & batch

¶703

ex-gratia compensation of Rs.5,00,000/- in cases of any injimy or damage to any person if there is any wrongful act, omission, rashness, neglect or default on the part of the distribution company. Clause 14 of these Regulations also stipulates that the quantum of compensation payable in case of death or injury to a human being shall be arrived by the Chairman and the Managing Director^ofthe distribution company. In addition to these regulations, G.O.Ms.No.7, Energy (Services) Department, dated 13.02.2012 also casts a duty on the engineering officials to send information to the Chairman and the Managing Director for ascertaining and paying necessary compensation. The orders passed by the said Chairman and Managing Director are to be treated as a grievance,^{wrhichshallbe} referred before the Consumer Grievance Redressal Forum established under Section 42(5) of the Electricity Act, 2003.

¶704

c) It is the case of the distribution companies that in^view of the elaborate procedures set out for ascertaining the compensation payable to any person, who has been injured on account of any failure of the distribution company^tomaintain specified standards, it would not be permissible for these consumers to approach the Consumer Fora under the provisions of the Consumer Protection Act, 2019.

¶705

5 HC] & RRR,J W.P. Nos. 14954 of 2023 & batch

¶706

Sri V.R. Reddy Kowuri, learned counsel appearing for the petitioners submits that the Consumer Fora are equivalent to Civil Courts as they are having the same powers as^{aCivilCourtin} relation to certain matters, as per Section 38(9) of^theConsumer Protection Act, 2019 and would consequently have to^betreatedas Courts. He would submit that Section 145 of the Electricity Act, 2003 bars the jurisdiction of Civil Courts for any^ofthesuits or proceedings in respect of which an assessing officer^referredtoin Section 126 or any appellate authority mentioned in Section 145^is empowered to determine and no injunction can be granted by any Court in respect of any action taken or to be taken in pursuance of any power conferred by or under the Electricity Act, 2003. He would submit that in such circinnstances, the Consumer Fora cannot undertake any enquiry into any claims made by^theaffected parties and the only remedy available to such affected parties is to approach the Redressal Fora set up under the provisions^ofthe Electricity Act, 2003 and under the Regulations framed by the Andhra Pradesh Electricity Regulatory Commission.

¶707

Consideration of the Court:

¶708

It is necessary to notice a few provisions imder the Electricity Act, 2003 before any decision can be taken^on the groimds raised by the petitioners herein.

¶709

¶710

Ha & RRR,J W.P.Nos.14954 of 2023 & batch

¶711

Section 42 of the Electricity Act, 2003 outlines the Duties Of Distribution of Licensees and open access. Section 42(5) requires estabbshment of a forum for redressal of grievances^ofthe consumers in accordance with the guidelines as may be specified by the State Commission. The State Commission has framed such guidelines which are called the Compensation to Victims of Electrical Accidents Regulations, 2017. Apart from this, G.O.Ms.No.7 dated 13.02.2012 also provides for certain facilities for affected parties to obtain compensation.

¶712

It is the case of the petitioners that the Consumer Grievance Redressal Forum established under Section 42(5) of the Electricity Act, 2003 is an adequate Forum for obtaining compensation by victims of Electricity accidents. 9. Another provision that is being rehed upon by the petitioners is Section 145 of the Electricity Act, 2003, which reads as follows:

¶713

Section 145. Civil courts not to have jiuisdiction:

¶714

Uo civil coiirt shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in section 126 or an appellate authority referred to in section 127 or the adjudicating officer appointed imder this Act is empowered hy or \mder this^Act to determine and no iuj-unction shall he granted by any court or other authority in respect of any action taken or^tobe

¶715

¶716

Ha & RRR,J W.P.Nos.14954 of 2023 & batch

¶717

taJsen in pursuance of any power conferred by or under^t.bi.q Act.

¶718

The petitioners contend that Consumer Fora estabhshed under the Consumer Protection Act, 2019 would have to be treated as Civil Court under the provisions of Section 145 of the Electricity Act, 2003 and consequently, none of the Consumer Fora can entertain complaints against the distribution companies / petitioners herein. The petitioners have rehed upon various powers vested with the Consumer Fora rmder Section 38(9) of the Consumer Protection Act, 2019 to contend that these powers clothe the District Consumer Fora with the powers of a Civil Court and as such the Consumer Fora would have to be equated with Civil Courts due to which the bar under Section 145 of the Electricity Act, 2003 would be apphcable. This contention cannot be accepted^asmere grant of some powers of a civil court would not result in the consumer forums becoming civil courts.

¶719

Before answering this ground it would also be necessary to notice Section 173, 174 and 175 of the Electricity Act, 2003,w which read as follows:

¶720

Section 173. Inconsistency in laws:

¶721

Nothing contained in this Act or any rule or regulation^made thereunder or any instrument having effect by virtue^ofthis Act, rule or regulation shall have effect in so far as it is

¶722

¶723

HO & RRR,J W.P.Nos.14954 of 2023 & batch

¶724

inconsistent with any other provisions of the Consumer Protection Act, 1986 or the Atomic Energy Act, 1962^orthe Railways Act, 1989.

¶725

Section 174. Act to have overriding effect:

¶726

Save as otherwise provided in section 173, the provisions^of this Act shaU have effect notwithstanding anything inconsistent therewith contained in any other law for^the time being in force or in any instrument having effect by virtue of any law other than this Act.

¶727

Section 175. Provisions of this Act to be in addition to and not in derogation of other laws:

¶728

The provisions of this Act are in addition to and not m derogation of any other law for the time being in force.

¶729

Section 175 states that the provisions of the Electricity Act, 2003 are in addition to and not in derogation of any other law for the time being in force. Section 174 states that the Act would have the effect notwithstanding anything inconsistent to any other law except as provided in Section 173. The provisions^ofSection 173 specifically state that nothing contained in Electricity Act, 2003 shall have the effect msofar as it is inconsistent with any other provisions of the Consumer Protection Act, 1986. The Consumer Protection Act, 2019 has replaced the Consumer ProtectionAct, 1986.

¶730

The provisions of Section 173 to .175 of the Electricity Act, 2003 make it clear that the Electricity Act, 2003^wasframed

¶731

¶732

Ha & RRR,J W.P.Nos.14954 of 2023 & batch

¶733

With the clear intention that the said Act would not interfere with the functioning of the Consumer Protection Act, 1986. However, the Consumer Protection Act in force today is the Consumer^Protection Act, 2019.

¶734

The purport of Sections 173 to 175 of the Electricity Act, 2003 is that the provisions of this Act would not interfere with the functioning of the Consiuner Fora estabhshed under the Consumer Protection Act, 1986. The repeal of this Act fey the Consumer Protection Act, 2019 would not, to the mind of this Court, make any difference to the principle that the provisions of the Electricity Act, 2003 would have to give way to the provisions of the Consumer Protection Act, 2019.

¶735

The purpose of the Redressal Forum set out in the Electricity Act, 2003 is only for ensuring a quick and expeditious payment of compensation to the victims of electrical accidents. This would not mean that such victims are not entitled to approach other Fora. Section 175 of the Electricity Act, 2003 makes this principle exphcit hy stating that the Electricity Act, 2003 is only in addition to other provisions and no in derogation with any other^acts.

¶736

In the circumstances, this court is of the opinion^thatthe existence of the Consumer Redressal Foriun under Section 42(5) of

¶737

I -

¶738

¶739

HQ & RRR,J W.P. Nos. 14954 of 2023 & batch

¶740

the Electricity Act, 2003 would not preclude the affected persons from approaching the Consumer Fora under the Consumer Protection Act, 2019.

¶741

The petitioners had also raised an additional issue that some of the affected parties are not consumers within the meaning of the Consumer Protection Act, 2019 as they were strangers,^who had been electrocuted in the open areas or on the public^roadsand as such cannot claim to be consumers. These are aU issues of fact which would have to be dealt with by the appropriate^forum.As appeals have been provided against the decision of the District Consumer Forum or the State Consumer Forum, it would only be appropriate to relegate the petitioners herein to such alternative remedies.

¶742

Accordingly, these writ petitions are dismissed^onthe question of jurisdiction of the consumer forum to entertain complaints against the distribution companies while leaving it open to the petitioners to avail their remedies against^{theordersofthe} Consumer Fora on the questions of fact, before the appellate forums set out under the Consumer Protection Act, 2019. There^shallbeno order as to costs.

¶743

¶744

Ha & RRR,J W.P.Nos.14954 of 2023 & batch

¶745

As a sequel, pending misceUaneous application s, if any, shall

¶746

stand closed.

¶747

Sd/-SHAIK MOHD RAFI ASSISTANT^REGISTRAR

//TRUE COPY//

ECTION OFFICER

To,

One CC to Sri A.Sai Rohit, Advocate [OPUC]

¶752

One CC to Sri Aravala Raina Rao, Advocate [OPUC] 3. One CC to Sri Kata Samba Siva Rao, Advocate [OPUC]

¶753

One CC to Sri Seshadri Goalla, Advocate [OPUC] 5. One CC to Sri Siva Prasad Katakamsetty, Advocate [OPUC] 6. One CC to Sri Ramavath Balaji Naik, Advocate [OPUC] 7. One CC to Sri T.D.Phani Kumar, Advocate [OPUC] 8. One CC to Sri Karre Satyanandam, Advocate [OPUC]

¶754

^ V S.Chalapati Rao, Advocate [OPUC] 11 nnf rr I'"' Ya APSPDCL) [OPUC] 19? ?? Chendra Sekhar Rao, SC for APEPDCL [OPUC] 12.TWO CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 13.Two CD Copies

RAM

HIGH COURT

./ DATED;25/04/2024

COMMON ORDER

W.P.Nos.24282, 24298, 24946 ,37178, 37682, 39335 39354, of 2022, 4040, 7391, 9272,14954,15376, 16025, 26641, 26643, 27023, 28102, 29567, 29864, 31025, of 2023 and 45, 401, 497, 4607, 4998, 5133, 5140, 5265, 5457, 5976 of 2024

¶762

DISMISSING THE ALL WP’s WITHOUT COSTS

The Andhra Pradesh Southern Power Distribution Corporation Ltd. v. The State of Andhra Pradesh

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The Andhra Pradesh Southern Power Distribution Corporation Ltd. v. The State of Andhra Pradesh

Case brief

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