IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.406 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the order dated 18.02.2008 in Writ Petition No.26554 of 1997 on the file of the High Court.) Between: M/s. Grindwell Norton Limited, a Company incorporated under the Companies Act, 1956, having its Factory at Karakambadi, Chandragir Taluk, Chittoor District, Andhra Pradesh, represented by its Deputy General Manager - I.R. Legal and PR, Mr. P.C.P. Haran. .....Appellant And 1. AP TRANSCO, Vidyut Soudha, Khairatabad, Hyderabad, represented by its Chairman & Managing Director. 2. A.P. Gas Power Corporation Limited, represented by its Chairman, 202, 2nd Floor, Pancom Chambers, Ameerpet, Hyderabad-500016. 3. Southern Power Distribution Company of A.P. Limited (APSPDCL), having its Corporate Office at Renigunta Road, Tirupati, Chittoor District (AP) represented by its Chairman & Managing Director. 4. Superintending Engineer, Southern Power Distribution Company of A.P. Limited (APSPDCL), Operation Circle, Bhavani Nagar, Tirupati, Chittoor District (AP). 5. Senior Accounts Officer, Southern Power Distribution Company of A.P. Limited (APSPDCL), Operation Circle, Bhavani Nagar, Tirupati, Chittoor District (AP). .....Respondents Counsel for the appellant : Sri C.R.Sridharan Counsel for respondent Nos.1 and 3 to 5 : Sri O. Manohar Reddy, Standing Counsel for AP TRANSCO. Counsel for respondent No.2 : Sri V.S. Raju The Court passed the following: JUDGMENT: (per Anil R. Dave, C.J.) At the request of the learned Advocates, the appeal is finally heard today. By an order dated 17th February, 1995 passed in Writ Petition No.2725 of 1995, this Court had directed that the petitioner Company should make a representation to the Andhra Pradesh State Electricity Board and the said Board had to examine the relevant objections raised by the petitioner and pass an appropriate order after giving full opportunity to the petitioner. It is an admitted fact that in pursuance of the said order, the petitioner – appellant was heard, but the authority, which passed the order, was the one who had not heard the petitioner - appellant. In the afore-stated circumstances, the learned Advocates have no objection if the order dated 14th May, 1997 passed by the Andhra Pradesh State Electricity Board and the impugned order passed by the learned Single Judge confirming the said order are quashed and set aside. It has been agreed by the learned Advocates that the appellant shall make a representation to the Southern Power Distribution Company Ltd., and the Managing Director of the said Company shall hear the representative of the appellant and shall decide the issue afresh after considering the contents of the representation. Such a representation shall be made by the appellant within two weeks from today and the representative of the appellant shall be heard by the Managing Director within two weeks from the date of receipt of the representation by respondent No.3. The representation shall be decided preferably within a period of one month from the date on which hearing is given to the representative of the appellant. In view of the above order, the appeal stands disposed of as allowed with no order as to costs. ANIL R. DAVE, C.J. 2nd July, 2008 R.SUBHASH REDDY, J. ….REGISTRAR To 1. The Chairman & Managing Director, AP TRANSCO, Vidyut Soudha, Khairatabad, Hyderabad. 2. The Chairman, A.P. Gas Power Corporation Limited, 202, 2nd Floor, Pancom Chambers, Ameerpet, Hyderabad-500016. 3. The Chairman & Managing Director, Southern Power Distribution Company of A.P. Limited (APSPDCL), Renigunta Road, Tirupati, Chittoor District (AP). 4. The Superintending Engineer, Southern Power Distribution Company of A.P. Limited (APSPDCL), Operation Circle, Bhavani Nagar, Tirupati, Chittoor District (AP). 5. The Senior Accounts Officer, Southern Power Distribution Company of A.P. Limited (APSPDCL), Operation Circle, Bhavani Nagar, Tirupati, Chittoor District (AP). 6. Two C.D. copies. ARS