CHAIRMAN AND MANAGING DIRECTOR, SREE RAYALASEEMA GREEN ENERGY LTD., KURNOOL Vs. MANAGING DIRECTOR (S.P.D.C.A.P. LTD.), TIRUPATHI AND OTHERS

JUDGEMENT

(1.) The petitioner prays for Mandamus declaring (i) Letter No. SE/O/KNL/SAO/JAO/H.T.Rev./D.No.450/16 dated 25.07.2016, (ii) Letter No.SE/O/KNL/SAO/JAO/H.T.Rev./D. No.470/16 dated 03.08.2016, (iii) Letter No.GM (APPCC/SAO (PP&S)D.No.564 dated 14.09.2016 communicating adjustment of Rs.1,06,44,550.00 and (iv) Letter No.CGM(R&I)/GM/?/AO/HT/JAO/HT/D.No.1271 dated 26.09.2016 demanding Rs.1, 38,90,395.00 as illegal, arbitrary and unconstitutional.

(2.) The petitioner prays for consequential direction to 1st respondent to refund to petitioner Rs.1,88,19,534.00 together with interest at 18% per annum, and 1st and 4th respondents to make full payment towards energy sold by petitioner for the month of June, 2016.

(3.) The writ prayer though appears to be complex and overlapping, this Court is of the view that the prayers can be simplified by categorising the prayers as dealing with (i) cross subsidy surcharge for the year 2005-2011 and 2015-16, (ii) wheeling charges and (iii) alleged excess amount received by petitioner from respondents for the power purchased from time to time. The affidavit of petitioner in the considered view of this Court refers to details more than once. Both for convenience and to identify issues in a simple way, the gist of the case pleaded by petitioner in the writ affidavit is stated, but not the averments as made in this behalf.