Disposed

Sarampalli Mallareddy, v. The Union of India, Rep. by its Cabinet Secretary

Telangana HC11 Feb 2022PIL/188/2013

Case brief

AI extract

What is this about?

In this PIL, the Court disposed of a writ petition challenging retail electricity tariffs fixed for the period April 2013 to March 2014. The Court held that the tenure had elapsed and the remedy lies with the Electricity Regulatory Commission.

What did the court decide?

The public interest litigation stands disposed of without costs. Petitioners are directed to approach the Electricity Regulatory Commission for further relief.

Sarampalli Mallareddy, Vs The Union of India… — Writ and Judicial Review | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

FRIDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND

¶5

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI

¶6

PUBLIC INTEREST LITIGATION^(OLD) NO:^'188 OF 2013

¶7

Between:

¶8

Sarampalli Mallareddy, S/o Sri Krishna Reddy, Aged about 75 years, Occ: VicePresident of All lndia Kisan Sabha, RTC X Roads, Hyderabad.

¶9

...PETITIONER

¶10

AND

¶11

1 The Union of lndia, Rep. by its Cabinet Secretary,, N,4inistry of Energy, New Delhi

¶12

2 The State of Andhra Pradesh,, Department of Power & Energy, Secretariat, Hyderabad, Rep. by its Principal Secretary.

¶13

3 A.P. Electricity Regulatory Commission,, 4th Floor, Singareni Bhavan, Red Hills, Hyderabad, Rep. by the Secretary.

¶14

4 Central Power Distribution Company of A.P. Limited, (APCPDCL), 6-1-1 50, Corporate Office, Mint Compound, Hyderabad, Rep. by the Chairman & Managing Director.

¶15

5 The Southern Power Distribution Company of A.P. Limited,, D.No.19- 13-05/4, Srinivasapuram, Twuchanur Road, Tirupathi - 517 503, Represented by the Chairman & Managing Director.

¶16

6 The Eastern Power Distribution Company of A.P. Limited,, 2nd floor, Near Gurudwar, P&T Colony, Seethammadara, Visakhapatnam^- 530 013, Represented by the Chairman & I,4anaging Director.

¶17

7 The Northern Power Distribution Company of A.P. Limited,, D.No.1-l-503 & 504, Chaitanyapuri, Opp. REC Petrol Bunk, Hanamakonda-506 004, Represented by the Chairman & Managing Director.

¶18

.,.RESPONDENTS

¶19

Petition Under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the retail supply tariffs applicable with effect from 1 .4.2013 to 31 .3.2014 in respect of various consumer categories by declaring same are Fixed without application of mind by the 3rd respondent, consequently set aside the same and direct the 3rd respondent to re-examine the fixation of tariffsⁱⁿ acco rda nce with law.

¶20

l.A. NO: I OF 2013(PlL IvlP. NO: 274 OF 2013)

¶21

Petition Under Section^'151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^{pleased stay the} retail supply tariffs applicable with effect trom 1.4.20'13 to 31.3.2014 in respect of various consumer categories pending disposal of the above Public lnterest Litigation.

¶22

Counsel for the Petitioner : SRI.PRAKASH BUDDARAPU

¶23

Counsel for the Respondent No.'l : SRI.N.RAJESHWARA RAO

¶24

Counsel for the Respondent No.2 : GP FOR ENERGY

¶25

Counsel for the Respondent No.3 : SRI.P.SRINIVAS RAO

¶26

Counsel for the Respondent No.4 : SRI.O.MANOHAR REDDY

¶27

Counsel for the Respondent No.s.5 & 7 : SRI.P.VINOD KUMAR (sc FoR APTRANSCO)

¶28

Counsel for the Respondent No.6 : SMT.JYOTHI ESWAR

¶29

The Court made the following ORDER

¶30

TIIE HON'BLE THE CHIEF JUSTICE^{SATISH CHANDRASIIARMA} AND

¶31

TI{E HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

¶32

PUBLIC INTEREST LITIGATION^No. 188 of2013

¶33

ORDER: eer tle Hon'ble^th.e Chief^{Justi.cS@trshChandruShanla)}

¶34

The present public interest litigation^{hasbeenftled by} the petitioner in the year^2O 13 in^{the matter of fixationof} tariff.

¶35

The period which is the subject^{matter of the present} public interest litigation is with effect^{from 01.04.2013to} 31 .03.20 i 4. The tenure^{itself is over. Otherwise also, in the} matter of fixation of tariff, the^{remedylies before the} Electricity Regulatory Commission^{and therefore,in case the} petitioner is still aggrieved in the matter,^{he is certainly free to} approach the Electricity^{RegulatoryCommission and he shall} also be free to take other^{recourses availableunder the law} With the aforesaid, the^{presentpublic interest litigation} stands disposed^of.

¶36

The miscellaneous applications^{pending,if arry, shall}

¶37

stand closed. There^{shall be no orderas to costs.}

¶38

SD/.K.ONESIM ASSISTANT REGISTRAR //TRUE COPY// At SECTION OFFICER To 1. The Cabinet Secretary, Union of lndja, Ministry of Energy, New Delhi. 2. The Principat Secreta'n), Slate of Andhra praO6sn, bepZiiment of power & Enerqy, Secretariat, Hvderabad 3. The Secretary, A.p. Eti-'ctricity Regutatory Commission,, 4th Ftoor, Singareni Bhavan, Red Hrlls, Hvderaoad. 4. The Chatrman and M'anagrng Director, Central power Distribution Company of A.P. Limrred, (ApCpDCLi 6It -r 50, Corporate Otiie, uini Cornporno, Hyderabad.

¶39

The Chairman and L4anaging Director, Southern Power Distribution Company of A.P. Limited,, D.No.19-13-05/4, Srinivasapuram, Twuchanur Road, Tirupathi - 517 503.

¶40

The Chairman and l,4anaging Director, Eastern Power Distribution Company of A.P. Limited,, 2nd floor, Near Gurudwar, P&T Colony, Seethammadara, Visakhapatnam - 530 013.

¶41

The Chairman and A/anaging Director, Northern Power Distribution Company of A.P. Limited,, D.No.1-1-503 & 504, Chaltanyapuri, Opp. REC Petrot Bunk, Hanamakonda-506 004.

¶42

Two CC to GP FOR ENERGY, High Court for the State of Tetangana at Hyderabad. [OUT]

¶43

One CC to SRI.PRAKASH BUDDARAPU, Advocate [OPUC]

¶44

10.One CC to SRI.N.RAJESHWARA RAO, Advocate (OPUC)

¶45

I 1. One CC to SRI.P.SRINIVASA RAO, Advocate [OPUC]

¶46

12.One CC to SRI.P.VINOD KUI,4AR, Advocare [OPUC]

¶47

One CC to SRI.O.MANOHAR REODY (SC FOR APTRANSCO) [OPUC]

¶48

One CC to SMT.JYOTHI ESHWAR, Advocate [OPUCI

¶49

Two CD Copies

¶50

One spare copy

¶51

¶52

SW \.

¶53

HIGH COURT

¶54

DATED:1110212022

¶55

o t 1HF. S { o
{
s
<br>,.)
2 6 Frts 202

¶56

ORDER

¶57

PlL.No.188 of 2013

¶58

DISPOSING OF THE P.I.L

¶59

WITHOUT COSTS. @#*

Sarampalli Mallareddy, v. The Union of India, Rep. by its Cabinet Secretary

Case brief

What is this about?

What did the court decide?

Sarampalli Mallareddy, v. The Union of India, Rep. by its Cabinet Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.V. Ramana Vs Ministry of Finance, Govt. of India

A. Bixam S/o Papaiah Vs The Union of India

Deeravath Redya Naik Vs The District Collector

Jammi Nagamani Vs The State of Telangana

Jayanagar Colony Welfare Association Vs The Government of Andhra Pradesh

Balineni Satyanarayana, Vs The Government of Telangana

Forum for Good Governance, Vs Government of Andhra Pradesh

News Item of Various News Paper Vs The Government of Andhra Pradesh

J. Lenora Lavanya Vs M/s. Kotak Mahindra bank Ltd.

Burra Lingaiah Yadav Vs The State of Telangana and 3 Others

Smt Vishni Bai Harwani, Vs Vorla Seetha Ram Reddy and 111 others

Akber Mohiuddin Ansari, Vs the Union of India, Rep. by Minority of Law and Justice, and 3

Tggda, Hyd. Vs Prl. Secy., Health and 3 Ors.

Pola Sridhar Vs The State of Telangana and 6 others