1 APHC010448132012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 39563 OF 2012 Between: 1. M/s.Ravali Spinners Pvt.Ltd., rep. by its Joint Managing Director, Sri Vanka Raja Kumari, F-19, Industrial Estate, Tanuku, West Godavari District-534218 ...Petitioner AND 1. A.P.Electricity Regulatory Commission, rep. by its Secretary, 11-4-660, 4th floor, Singareni Bhavan, Red Hills, Hyderabad 2. The Eastern Power Distribution Company of AP Limited, rep.by its Managing Director, Visakhapatnam, Visakhapatnam District 3. The Superintending Engineer, Operation circle, Eastern Power Distribution company of AP Limited, Eluru, West Godavari District 4. The Senior Accounts officer, Operation Circle, Eastern Power Distribution company of AP Limited, Eluru, West Godavari District ...Respondents 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 a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the common orders in OP.No.28 to 31, 32 to 35, 36 to 39, 40 to 43, 44 to 47, 48 to 51, 52 to 55 and 56 to 59 of 2012 dated 20th 2 September 2012 of 1st respondent determining the Fuel Surcharge Adjustment (FSA) for the years 2010-11 and 2011-12 as illegal, arbitrary, and contrary to Condition No.6 of APERC (Conduct business) 3rd Amendment Regulations of 2006 and Sec.64(3) of the Electricity Act 2003 and also violative of Articles 14, 19(1)(g) & 21 of the Constitution of India apart from being violative of principles of natural justice and consequently set aside the same and pass IA NO: 1 OF 2012(WPMP 50248 OF 2012 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 direct the respondents not to demand or collect any amounts towards Fuel surcharge Adjustment(FSA) for the year 2010-11 and 2011-12 pursuant to any of the orders of 1st respondent Commission dated 20.9.2012 in OP.No.28 to 31, 32 to 35, 36 to 39, 40 to 43, 44 to 47, 48 to 51, 52 to 55 and 56 to 59 of 2012 and not to disconnect electricity supply or take any coercive steps whatsoever for non-payment of any such amounts in respect of the petitioners SC.No.ELR 505 IA NO: 2 OF 2012(WPMP 50249 OF 2012 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 suspend the operation of the orders of the 1st respondent commission dated 20.9.2012 in OP.No.28 to 31, 32 to 35, 36 to 39, 40 to 43, 44 to 47, 48 to 51, 52 to 55 and 56 to 59 of 2012 in the interest of justice and pass IA NO: 1 OF 2013(WVMP 941 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 vacate the interim orders passed on dated 26-12-2012 in WPMP No. 50249 of 2012 in WP No. 39563 of 2012 and pass 3 IA NO: 1 OF 2014(WPMP 46655 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 Counsel for the Petitioner: SRICHARAN TELAPROLU Counsel for the Respondents: P ANAND SESHU (SC FOR APEPDCL) The Court made the following order: 4 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM W.P.No.39563 OF 2012 ORDER: The instant writ petition has been filed under Article 226 of Constitution of India, seeking the following main relief: “to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the common orders in OP.No.28 to 31, 32 to 35, 36 to 39, 40 to 43, 44 to 47, 48 to 51, 52 to 55 and 56 to 59 of 2012 dated 20th September 2012 of 1st respondent determining the Fuel Surcharge Adjustment (FSA) for the years 2010-11 and 2011-12 as illegal, arbitrary, and contrary to Condition No.6 of APERC (Conduct business) 3rd Amendment Regulations of 2006 and Sec.64(3) of the Electricity Act 2003 and also violative of Articles 14, 19(1)(g) & 21 of the Constitution of India apart from being violative of principles of natural justice and consequently set aside the same and pass ….” 2. Heard Sri M.Rajesh, counsel representing Sri Sricharan Telaprolu, learned counsel for the petitioner as well as Sri Abdul Matheen, counsel representing Sri V.V.Satish, learned Standing Counsel for the respondents. The Counsel representing the Standing Counsel for respondents has placed reliance on the Common Order passed by the learned Single Judge of this Court in W.P.No.34450 of 2012 and batch dated 09.12.2024. He further submits that insofar as the first quarter for the Financial Year 2010-2011, the matter is subjudice before the Hon’ble Supreme Court. The learned Standing Counsel 5 also submits that in respect of other periods, the Judgment of the Hon’ble Supreme Court in Sai Bhaskar Iron Ltd., Vs. A.P.Electricity Regulatory Commission & Others (Civil Appeal No.5542 of 2016 and batch) governs the field and therefore, for such of the periods, the order of the Hon’ble Supreme Court has already been implemented. 3. Learned Single Judge of this Court in W.P.No.34450 of 2012 and batch had taken note of the pendency of the Special Leave Petitions before the Hon’ble Supreme Court insofar as the first quarter of the financial year 2010-2011 is concerned and had issued the following directions: (1) The orders dated 20.09.2012 of the Commission pertaining to the FSA for the 1st quarter of the financial year 2010-2011 shall not be enforced on any of the consumers of the four DISCOMs, till disposal of the SLPs pending before the Supreme Court. (2) The enforceability or otherwise of the orders of the commissions for the 1st quarter of the financial year 2010-2011 shall depend on the result of the SLPs. (3) In the event of the Supreme Court confirms the judgment of the Division Bench dated 20.09.2012, the FSA for the 1st quarter of the financial year 2010-2011 will become unenforceable. In a converse situation, the petitioners shall be entitled to question the orders of the Commission in respect of both the financial years 2010-2011 and 2011-2012. (4) If any of the DISCOMs have collected the FSA for the first quarter of the financial year 2010–2011 from any consumers, including the petitioners, they shall adjust the same in the future electricity bills immediately falling due. This adjustment shall also be subject to the outcome of the SLPs pending before the Supreme Court. 6 4. Learned counsel for both sides have no objection for the disposal of present writ petition basing on the above directions of the learned Single Judge in W.P.No.34450 of 2012 and batch dated 09.12.2024. 5. In that view of the matter, the present Writ Petition is disposed of in terms of the above directions in W.P.No.34450 of 2012 dated 09.12.2024. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date:28.04.2026 Rns 7 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.39563 of 2012 Date:28.04.2026 Rns