High Court closed a writ petition challenging a penalty notice issued by electricity authorities as illegal and violative of natural justice, accepting the respondent's submission that the cause of action no longer survived.
Writ petition closed without order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32s21
.HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENW FOUR
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 5660 OF 2013
Between:
M/s Sri Chimmanlal Paper Mills, Aproprietary concem represented byits proprietor Mr. Rajender Kumar Aganval S/o Late Sri Chimanlalii Agarwal, aged50 years, having its manufacturing unit at Survey No. 119/E, Village Teegapur, MandalKothur, District Mahaboobnagar.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ot the Constitution of lndiapraying that in the circumstances stated in the aftrdavit filed therewith, theHighCourt may be pleased to issue a Writ, order or direction, moreparticularly onein the natureof WRIT OF MANDAMUS, declaring the action of the respondentsissuingthe Penalty demand notice for the months of October 2012 to November2012 lothe tune of Rs.23,86,054=@ (Rupees Twenty Three lakhsEighty Six Thousandand Fifty Four only) to the petitioner as illegal, arbitrary and violative ofprinciples of natural justice and declare that the petitioner is not liable topay thepenalty.
l.A. NO: 1 OF 2013 (WPMP. NO:7048 0F 2013)
Petition under Section 1sl cpc praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to direct the respondents not to insist the payment of penalty as demanded by the respondents for the months of october, 2012 lo November, 2012 from the petitioner to the tune of Rs.23,86,054-00 (Rupees Twenty Three Lakhs Eighty six Thousand and Fifty Four only) pending disposal of the above writ petition.
Counsel for the Petitioner: SRI AADESH VARMA
Counsel for the Respondents: SRI R. VINOD REDDY, S.C. FOR TSTRANSCO The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT P ON No.566O oF 2013
ORDER:
Heard Sri Aadesh Varma, learnedcounsel appearing on behalf of thepetitioner, SriR. Vinod Reddy, learned Standing Counse! forTSSPDCL, appearing on behalf of respondentNos. 1to 3.
" ...to issue a Writ order or direction more particularly one in the nature of WRIT OF MANDAMIJS declaring the action of therespondents issuing the Penalty demand noticefor the monthsof October 2012 to November 2OL2 tothe tune of Rs. 23,86,054=00 (Rupees Twenty ThreeLakhsEighty Six Thousand and Fifty Four only)to the petitioner as illegal, arbitrary and violative ofprinciplesof naturaljustice and declare that thepetitioner is not liable to pay thepenalty andpass...".
2 wP 5660 2013
counter affidavit filed on behalf of respondent No.3 contends that the cause of action in the present writ petition does not survive for adjudication any more. The said submission made by the learned Standing Counsel for TSSPDCL, appearing on behalf of respondent Nos.1 to 3 is not disputed by the learned counsel appearing on behalf of the petitioner.
PERUSED THE RECORD
4. ParaNo.4 of the counter affidavit filed on behalf oI theres ondent N o. 3 tsextracted ereun er:
"4. In reply to Para No.17 it is submitted that the representation of the petitioner for revision of R & C supplementary bill for the month oF October, 2012 was conside.red and revised and the sarne was issued to petitioner. The bill issued for the month of November, 2012 is in order and in accordance with the proceedings of APERC. The oetitioner has oaid 5oo/o of the R & C oenaltaes and the cause of action does not survave anv more.
wP 56@ 20 13
3
As a sequel, themiscellaneous petitions, if
any,pending in theWrit Petition shall alsostand closed'
SD/. L. VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY//
CTION OFFICER
To,
\
MP GJP
k,
HIGH COURT
DATED:2010912024
1 HE, IS IA 14:
(
)I
-:l
o 11 it':, 71;75
ORDER
WP.No.5660 of 2013
CLOSING THE WRIT PETITION WITOUT COSTS
3 *lF/
M/s Sri Chimmanlal Paper Mills
A.P. Central Power Distribution Company Limited
The Divisional Engineer (Operations), A.P. Central Power Distribution Company Limited
The Senior Accounts officer, OP Circle, Mahabubnagar
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
