A consumer sought mandamus for payment of interest on additional electricity charges deposited under a prior High Court judgment. The Court, accepting the respondents' reliance on para 20 of that judgment, dismissed the writ petition without costs.
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132521
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 5587 OF 2015
Between:
M/S. Shrinath Rotopack (P) Ltd, (RRS 1160) IDA Mankal, Maheshwaram,Rajendra Nagar,RR Dt Rep.by its commercial manager and authorized signatory A.Narendra Babu Sio Balappa aged 41 years
...PETITIONER
AND
...RESPONDENTS
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 an appropriate Writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the third respondent letter NO. SE/OP/PRC(S/SAO/HT/D.N0.64912015 Df 1AUl2O15 as wholly arbitrary, illegal and void in view of thejudgment of the Hon'ble High court Writpetitioner No-'t 541 0 of 2009 and batch dated 20-08-2014 allowed hold ing that the levy of additional charges by the first respondent cannot be held to be legal and when the third respondent is charging interest from the consumers even for one day
delay the respondent have topay intereston 50% of the additional charges which is deposited by thepetitioner as per the court order for the per/od from 2009 to tilljudgment dale 2014 andalso to directthe respondents to paythe interest to the petitioner Rs.1,90,030/-
Counsel for the Petitioner: SRl. K. V UPENDRAGUPTA Counsel for the Respondents: SRI P. PRASADSC FOR TSERC
Counsel for the Respondent Nos. 2&3: SRIR. VINODREDDY, SC FOR TSTRANSCO
The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No,5587 of 2O15
ORDER
Heard Sri K.V. Upendra Gupta, learned counsel appearing on behalf of the petitioner, Sri P. Prasad, learned Standing Counsel for TSERC appearing on behalf of respondent No.1 and Sri R. Vinod Reddy, learned Standing Counsel for TS Transco, appearing on behalf of respondent Nos.2 and 3.
2 titioner a roached the urt eekin
Draver as under:
" ..... to issue an appropriate Writ order or direction more particularly one in the nature of Writ of MANDAMUS declaring the third respondent letter No. SE/OPlPRC(S)/SAO/HTlD. N O.649 / 20 ts, DT L2/07/20t5 as wholly arbitrary, illegal and void in view of the judgment of the Hon'ble High Court Writ petition No.15410 of 2009 and batch dated 20-08-2014 allowed holding that the levy of additional charges by the first respondent cannot be held to be legal and when the third respondent is charging interest from the consumers even for one day delay the respondent have topay interest on 5Oo/o of the additional charges which is
7 \r/P .5:87 2015
deposited by the petitioner as per the court order for theperiod from 2009 to till judgment date 2014 and also to direct the respondents to pay the interest to the petitioner Rs.190,030/- and pass...".
:.
3
wP 5587 2015
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. t t I t,
SD/. P. PADMANABHA REDDY ASSISTAN REGI TRAR
//TRUE COPY//
SE ION OFFICER
To, 1. One CC to SRl. K. V. UPENDRA GUPTA, Advocate [OPUC] 2. One CC to SRl. R. VINOD REDDY, SC FOR TS TRANSCO [OPUC] 3. One CC to SRl. P. PRASAD, SC FOR TSERC [OPUC] 4. Two CD Copies
B tVI GJPI<Y
HIGH COURT
DATED:0210912024
ORDER
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WP.No.5587 of 2015
DISMISSING THE WRIT PETITION WITHOUT COSTS
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1 issue framed by the court
Whether the petitioner is entitled to interest on 50% of the additional charges deposited pursuant to the 20.08.2014 writ judgment?
1 provisions across 1 enactments
M/S. Shrinath Rotopack (P) Ltd
Andhra Pradesh Electricity Regulatory Commission
Southern Power Distribution Company of Telangana Ltd
Senior Account Officer, Operation, Southern Power Distribution Company of Telangana Ltd
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
