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2026 Supreme(Online)(AP) 19002

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Maheswara Rao Kuncheam, J
Sameera paper Indstry Limited – Appellant
Versus
The Secretary A.P. Electricity Regulatory Commission – Respondent
WRIT PETITION NO: 3608/2013



Advocates:
For the Appellants/Petitioners: P Narasimha Rao
For the Respondents: Srinivasa Rao Putluri, V V Satish, P Anand Seshu

The judgment does not establish a legal principle as the petition was dismissed following the petitioner's request for withdrawal without adjudication on the merits.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India challenging the imposition of penalties for drawing electricity during the construction and trial runs of a biomass cogeneration power plant. The petitioner alleged that the penalties were illegal, arbitrary, and in breach of contract, seeking a refund of amounts paid under protest. The primary issue was whether the action of the respondents in imposing penalties under restrictions and control measures was arbitrary and in violation of the law. However, the court did not examine the merits of the case as the petitioner's counsel expressed an unwillingness to pursue the matter. The Writ Petition is dismissed as withdrawn.

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 order, Writ or direction more particularly one in the nature of writ of Mandamus by declaring the action of the 3rd and 4th respondents by imposing penalties under restrictions and control measures for continuously drawing electricity for the purpose of construction, trial runs of biomass cogeneration power plant at Mandapeta village & (M) E.G Dist as sanctioned by the competent authority, for the months of 9-2012, 10-2012, 11& 12-2012 included in the current bills, demanded for the payment of the same and collected the same under pressure, duress and compulsion and threat of disconnecting power supply, the amounts of (1) 2,24,835.19 (2) 5,32,220.61ps (3) Rs.15,76,151.12ps as paid by the petitioner under protest, as illegal, arbitrary, capricious, in breach of contract, violation of the provisions of the law and more particularly, in terms of the revised order passed by the 1st respondent on 01-11-2012, set aside the same, consequently they are entitled to refund of the said amounts already paid by them

IA NO: 1 OF 2013(WPMP 4474 OF 2013

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 grant interim direction to the respondents not to impose any penalties under R&C measures until the level of startup point of generation of electricity and synchronize the same into the 33KV lines of the respondents into the grid system since there is no requirement of drawal of power from the respondents to petitioners biomass unit after arriving at the above level of synchronization

IA NO: 2 OF 2013(WPMP 7390 OF 2013

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 grant an interim order by directing the respondents 3 & 4 not to adopt coercive measures for the purpose of collecting this disputed amount of Rs. 26 lakhs by not disconnecting power supply till the disposal of the main W.P. in the interest of justice and to grant any other or further reliefs as deemed fit and proper under the circumstances of the case.

IA NO: 3 OF 2013(WPMP 12643 OF 2013

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 grant an interim direction by directing the respondents 2 and 3 to accord permission to synchronize the power generated by petitioner's electricity unit to the common grid of the respondent pending disposal of the main W.P with reasonable terms regarding payment of the outstanding dues which are under dispute in the main Writ Petition as petitioner is ready to comply with such directions of this Hon'ble Court in order to avoid extreme hardship and loss of business sustained to his plant in the interest of justice and to grant

IA NO: 6 OF 2013(WPMP 43939 OF 2013

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

IA NO: 1 OF 2014(WPMP 41908 OF 2014

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

IA NO: 1 OF 2022

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 expedite the WP.3608 of 2013 and fix an early date for hearing the said Writ and to pas

The Court made the following:

ORDER:-

The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:

“….to issue an appropriate order, Writ or direction more particular

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