APHC010000062012 COURT OF ANDHRA PRADESH at AMARAVATI (Special Original Jurisdiction) IN THE HIGH '.i THURSDAY THE TWENTY FOURTH DAY OF JUL TWO THOUSAND AND TWENTY FIVE ^ PRESENT v^- GANNAMANENI RAMAKRISHNA PRASAD AND 3R562 OF 2012 THE HON’BLE SRI JUSTICE WRIT PETITION Nos: 38445 WRIT PETITION NO: 3S445 OF 2012 Between; cold Storage Pvt. Ltd., S.C.No. 4433520003395) Rep. by its S/o.Prabhakar Rao, aged 1. Parchoor Managing Director. Danda Srinivasa Rao 4eyears, Parchuru Village c 2 Lavanya Cold Storage, Rep. by i,s,(SC.N0.4433301003991) Managing S/o.Subbaramaiah, aged 45 years R/o. Inkollu Village and Mandal, Prakasam District. 3. K.S.R.Food Pvtr'Ltd., Rep. by its (S.C.4433301004192 Manag^g Pan/athi W/o.Srinivasa Rao, aged 31 years, R/o.lnk6llu and Mandal, Prakasam District Partner, Bodavula Lakshminarayana Director, Kari VillageSc Mandal, Prakasam District. 4 Kondragunta NagabushdrTam Cold Storage, ' Rep.by its Managing Partner, Kondragunta Gopala Krishna Murthy R/o.Nagulapalehl Village, Parchur (S.C.No.4433518601094) S/o.Nagabuahanam, aged S2 years Mandal, Prakasam District. by its, (ONG1129) Managing Partner, S/o.Veeranjaneyulu, aged 38 years, Upputuru 5. Bodawada Cold Storage, Rep. Kakula Sridhar Rao Village Parchuru Mandal, Prakasam District. 6 Munaga Chenn^iah Cold Storage, (ONG '418) Rep.by its Proprietor R/o. 28-1-48,South Venkata Krishna Rao, Aged 53 years Munaga Street, Ongole, Prakasam District. ...Petitioners AND 1. The Andhra Pradesh Electricity Bhavan. Red HillsrHyderabad, 2. Southern Power Distribution Srinivasapuram, Tiruchanoor Managing Director. 3. The Superintendent Engineer Distribution Company of Andhra District 4. The Senior Accounts Regulatory Commission, Singareni represented by its Chairman. ' Company of Andhra Pradesh, Road, Tirupati., Represented by Ltd., its Operation Circle, Southern Power Pradesh Ltd., Ohgole, Prakasam . V-’ Officer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd., Ongole. 5. Government of A P rep by its Principal Secretary to. Govt. Energy Department, A.P. Secretariat, Hyderabad. ...Respondents Petition under Article 226 of the Constitution of India praying that in the in the affidavit filed therewith, the High Court issue an appropriate Writ, order circumstances stated i pleased to may be O'" direction, more particularly in the nature of Mandamus: a) deciaring the orders passed by the 1 Andhra Pr^esh Electricity Re^uiatory Commission O.P.No. 35 of 2012, O.P.No.39^f 2012 O.P.No.50 of 2012, O.P.No respondent in O.P.No. 31 of 2012, O.No. 43 of 2012, O.P.No.4fof 2012, 52 of 2012, O.P.No. 56"of 2012 2012 determining the fuel surcharge adjustment 2011 and the four quarters of 2011 all dated 20-9- for the four quarters of 2010- -2012, as being illegal, null and void being justice, arbitrary, irrational. Regulations and law and / or otherwise violative of the principles of natural contrary to the provisions of the corrtrary to law and to set aside the same; and /or. b) declaring the newspaper no ice dated 24-9-2012 issued by the distribution licensees as illegal and to set aside the same, and directing the said respondents to forbear from any amounts towards fuel surcharge adjustment for in pursuance thereof or in pursuance of the unreasonable. demanding and collecting 2010- 2011 and 2011-2012 i 1®' respondent Commission dated 20-9-2012 or direct them to forthwith refund and / or adjust in ■ impugned orders of the 1 otherwise, and to further future consumption bills all amounts collected or adjusted in respect of the and c) granting and directing all consequential relief; same; v/ IA NO; 1 OF 2012(WPMP 48770 OF 2012 Petition under Section"l51 CPC praying that in the circumstances stated of the writ petition, the High Court may be distribution licensee not to demand or collect in the affidavit filed in support pleased direct the respondents any amounts towards 2011-2012 pursuant to their newspaper the impugned orders of the 1 otherwise, and not to whatsoever for non-payment of any subsequent bills of payments of such amounts. - fuel surcharge adjustment for the year 2010-2011 or notice 24-9-2012 or pursuant to any of respondent Commission dated 20-9-2012 or disconnect electricity supply take any coercive step adjustiiieni in such amounts or for Counsel for the Petitioners: SRI M. SAI ^EJA FOR SRI MADHAVA RAO NALLURI ^ Counsel for the Respondent No.1 ; SRI SRINIVASA R^O PUTLURI SC FOR APERC ^ Counsel for the Respondent Nos.2 to 4 ■ Ms. CHOWDARY, JUNIOR STANDING COUNSEL FOR APEPDCL Counsel for the Respondent No.5 :GP FOR ENERGY APHC010252372012 WRIT PETITION NO: 38560 OF 2012 Between: Mahi Agra Products Prakasam District., rep.by its Managing S/o.Anjaneyulu. (ONG225) Gundlapali Village, Maddipadu Mandal, Director, D.Purnachandra Rao, ...Petitioner AND 1. The Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad, represented by its Chairman. 2. Southern Power Distribution Company of Andhra Pradesh, Ltd., Srinivasapuram, Tiruchanoor Road, Tirupati., Represented by its Managing Director. 3. The Superintendent Engineer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd., Ongble, Prakasam District 4. The Senior Accounts Officer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd., Ongole. 5. Government of A P rep by its Principal Secretary, to^Govt., Energy Department, A.P. Secretariat, Hyderabad. ...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 an appropriate Writ, order or direction, more particularly in the nature of Mandamus: a) declaring the orders passed by the 1®* respondent Andhra Pradesh Electricity Regulatory Commission in O.P.No. 31 of 2012, O.P.No. 35 of 2012, O.P.No.39 of 2012, O.No. 43 of 2012, O.P.No.47 of 2012, O.P.No.50 of 2012, O.P.No. 52 of 2012, O.P.No. 56 of 2012, all dated 20-9- 2012 determining the fuel surcharge adjustment for the four quarters of 2010- 2011 and the four quarters of 2011-2012, as being illegal, null and void being violative of the principles of natural justice, arbitrary, irrational, unreasonable, contrary to the provisions of the Regulations and law and / or otherwise contrary to law and to set aside the same; and /or. b) newspaper notice dated 24-9-2012 issued by the distribution licensees as illegal and to set aside the same, and directing the said respondents to forbear from .demanding and collecting any amounts towards fuel surcharge adjustment for 2010-2011 and 2011-2012 in pursuance thereof or in declaring the pursuance of the impugned orders of the 1^' respondent Commission dated 20-9-2012 or otherwise, and to further direct them to forthwith refund and / or adjust in future consumption bills all amounts collected or adjusted in respect of the same; and c) respect of service connection No.ONG 225. Issuing the Bill demanding to pay FSA charges in lA NO: 1 OF 2012(WPMP 48908 OF 2012 Petition under Section 151 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 distribution licensee noTto demand or collect any amounts towards fuel surcharge adjustment for the year 2010- 2011 or 2011-2012 pursuant to their newspaper notice 24-9-2012 or pursuant to any of the impugned orders of the 1®* respondent Commission dated 20-9- 2012 or otherwise, and not to disconnect electricity supply take any coercive step whatsoever for non-payment of any such amounts or for adjustment in subsequent bills of payments of such amounts in respect of service connection No. No.ONG 225, pending the above writ petition. Counsel for the Petitioners: SRI M. SAI TEJA FOR ^ SRI MADHAVA RAO NALLURI Counsel for the Respondent No.1 : SRI SRINIVASA RAO PUTLURI, SC FOR APERC Counsel for the Respondent Nos.2 to 4 : Ms. K. AISHWARYA CHOWDARY, JUNIOR STANDING COUNSEL FOR APEPDCL ' Counsel for the Respondent No.5 :GP FOR ENERGY APHC010119162012 WRIT PETITION NO: 38562 OF 2012 Between: Devi Foods Ltd., rep.by its Manager, V.B.V.Giri Prasad S/o.Govinda Rao aged.63 years, R/o. Mulaguntapadu Village, Singarayakonda Mandal Prakasam District. ...Petitioner AND 1. The Andhra Pradesh Electricity Regulatory Comm'ission, Singareni represented by its Chairman. Company of Andhra Pradesh Road, Tirupati., Represented Bhavan, Red Hills, Hyderabad, 2. Southern Power Distribution Ltd Srinivasapuram, Tiruchanoor Managing Director. 3. The Superintendent Engineer Distribution Company of Andhra District. by its Operation Circle Southern, Power Pradesh Ltd., Ongole, Prakasam 4. The Senior Accounts Officer Operation Circle Southern, Distribution Company of Andhra Pradesh Ltd., Ongole. 5. Government of A P Power rep by its Principal Secretary to. Govt. ^nergy Department, A.P. Secretariat, Hyderabad. ...Respondents Petition under Article 226 of the Constitution circumstances stated i of India praying that in the in the affidavit filed therewith, the High Court pleased to issue an appropriate Writ, order or direction, more particularly i the nature of Mandamus: a) declaring the orders passed by the 1 Andhra Pradesh Electricity Regulatory Commission O.P.No. 35 of 2012, O.P.No.39 of 2012 O.P.No.50 of 2012, O.P.No may be in respondent in O.P.No. 31 of 2012 O.No. 43 of 2012, O.P.No.47 of 2012 52 of 2012, O.P.No. 56 of 2012 all dated 20-9- 2012 determining the fuel surcharge adjustment for the four quarters of 2010- 2011 and the four quarters of 2011 -2012, as being illegal, null and void being justice, arbitrary, irrational. violative of the principles of natural I ^ , unreasonable, oontrant to the provisions of the Regulations and law and / or otherwise contrary to law and to set aside the same; and /or. b) declaring newspaper notice dated 24-9-2012 issued by the distribution licensees Illegal and to set aside the the as same, and directing the said respondents toforbear any amounts towards fuel surcharge and 2011-2012 in pursuance thereof from demanding and collecting adjustment for 2010-2011 or in : 1st respondent Commission dated direct them to forthwith refund and / or ; amounts collected or adjusted in respect and directing all consequential relief, pursuance of the impugned orders of the 20-9-2012 or otherwise, and to further adjust in future consumption bills all of the same; and c) granting ; lA NO: 1 OF 2Q12(WPMP 48910__OF^012 under Section 151 CPC praying that in the circumstances stated support of the writ petition, the High Court may be not to'^emand or Petition the affidavit filed in in the respondents distribution licensee surcharge adjustment for the year 2010 pleased to direct collect any amounts towards fuel 2011 or 20112012 pursuant to their newspaper notice 24-92012 or pursuant to respondent Commission dated 20-9 of the impugned orders of the 1 2012 or otherwise, and not to step whatsoever for non-p subsequent bills of paym.ents orders as this Hon'bie court may deem in any disconnect electricity supply take any coercive nts or for adjustnient in payment of any suc'^ amou W LI I Wl ts of such amounts / or rjass such further oi and proper in the facts and circumstances of the case. counsel for the Petitioners: SR, ; SRI SRINIVASA RAO PUTLURl, SC FOR APERC .2 to 4 : Ms. K. AISHWARYA Counsel for the Respondent No.1 Counsel for the Respondent Nos apfpdCL CHOWDARY, JUNIOR STANDING COUNSEL FOR APEPDCL Respondent No.5 :GP FOR ENERGY . Counsel for the The Court made the following Common order: APHC010119162012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI PRASAD WRIT PETITION NO: 38.qfi9 of 2012 RAMAKRISHNA Between: Singarayakonda Mandal, Prakasam District 1. Prasad Mulaguntapadu Village, Rio. ...Petitioner AND 1. THE CHAIRMAN APERC 4 OTHFRq • rru Hyderabad, represented by its Chairman ® 2. Southern Power Distribution Srinivasapuram, Tiruchanoor Road Director. Red Hills, Company of Andhra Pradesh, Ltd., Tirupati., Represented by its Managing 4. The Senior Accounts Officer Operation Circle Company of Andhra Pradesh Ltd Southern, Power Distribution Ongole. 5. Government of A P rep by its Principal Secretary to Govt Department, A.P. Secretariat, Hyderabad Energy ...Respondents Counsel for the Petitioner: MADHAVA Counsel for the Respondents: GP FOR _ Respondents.SRINIVASA RAO PUTLURI I MANOHAR REDDY(SC FOR APTRANSCO) RAO NALLURI ENERGY Counsel for the Counsel for the Respondents.O 2 WRIT PETITION NO: 38560 OF 2012 Between: MAH! AGRA PRODUCTS. PRAKASAM DIST, Gundlapali Village, Maddipadu Mandal, Prakasam District. D.Purnachandra Rao S/o.Anjaneyulu, 1. rep.by its Managing Director, ...Petitioner AND 1. CHAIRMAN APERC HYD 4 OT, Singareni Bhavan, Red Hills, Hyderabad represented by its Chairman. 2. Southern Power Distribution Company of Andhra Pradesh Srinivasapuram, Tiruchanoor Road, Tirupati., Represented by its Managing Director. 3. The Superintendent Engineer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd., Ongole, Prakasam District 4. The Senior Accounts Officer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd., Ongole. 5. Government of A P rep by its Principal Secretary, to Govt., Energy Department, A.P. Secretariat, Hyderabad. Ltd., ...Respondents WRIT PETITION NO: 38445 OF 2012 Between: 1. PARCHOOR COLD STORAGE PVT., LTD. PRAKASAM DIST & 5 OTHERS, S.C.No. 4433520003395) Rep. by its Managing Director, Danda Srinivasa Rao S/o.Prabhakar Rao, aged 4eyears, Parchuru Village and Mandal, Prakasam District. 2. Lavanya Cold Storage,, Rep. by its,(SC.N0.4433301003991) Managing Partner, Bodavula Lakshminarayana, S/o.Subbaramaiah, aged 45 years, R/o. Inkollu Village and Mandal, Prakasam District. 3. K.S.R.Food Pvt. Ltd.,, Rep. by its (S.C.4433301004192 Managing Director, Kari Parvathi W/o.Srinivasa Rao, aged 31 years, R/o.Inkollu Village& Mandal, Prakasam District. 4. Kondragunta Nagabushanam Cold Storage, (S.C.No.4433518601094) Rep.by its Managing Partner, Kondragunta Gopala Krishna Murthy S/o.Nagabuahanam, aged S2 years, R/o.Nagulapalem Village, Parchur Mandal, Prakasam District. “"y '•=■ (ONG1129) Managing Partner VenkTla^KrkhnT r'*'' '^®P Proprietor Munaga Prakasam ^strict ® 28-1-48,South Street, Ongole, ...Petitioners AND repreTe™ Cha'Z, ^ SrinEa^'l^^'^" Power Distribution Company of Andhra Pradesh, Ltd Director'^ ’ Tirupati., Represented by its Managing 3. The Superintendent Engineer Operation Circle, Southern T Company of Andhra Pradesh Ltd., Ongole, Prakasam District Southern Power Distribution Company of Andhra Pradesh Ltd., Ongole. 5. Government of A P rep by its Principal Secretary to. Govt Department, A.P. Secretariat, Hyderabad. Power Distribution Energy ...Respondents The Court made the following COMMON ORDER: Heard Sri M. Sai Teja, learned Counsel Madahava Rao Nalluri, Ld. Counsel for appearing on behalf of Sri the Writ Petitioners and Ms. K. Aishwarya Chowdary, learned Junior Standing Counsel for APEPDCL. 2. Ms. K. Aishwarya Chowdary, learned Junior Standing Counsel APEPDCL has placed on record 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. Learned Junior Standing Counsel would for submit that insofar as the first quarter for the Financial Year, 2010-2011 before the Hon’ble Supreme Court. the matter is subjudice The learned Standing Counsel would submit that in respect of other periodsrthe Judgment of the Hon’ble Supreme Court in Sai Bhaskar Iron Ltd. . A.P. Electricity Regulatory vs 4 Commission & Ors (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 iudqment of the Division Bench dated 20.09.2012, the FSA for the 1st year 2010-201 1 wili 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.” arter of fh financial 4. Learned Counsel for both sides have no objection for the disposal of present batch of Writ Petitions 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 this view of the matter, this batch of Writ Petitions is disposed of in terms of the above extract in W.P.No.34450 of 2012 dated 09.12.2024. No Order as to Costs. 5 6. Interlocutory Applications, if any. stand closed in terms of this order. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Andhra Pradesh Electricity Regulatory Commission. Kurnool. 2. The Managing Director, Southern Power Distribution Company of Andhra Pradesh, Ltd., Srinivasapuram, Tiruchanoor Road, Tirupati.. 3. The Superintendent Engineer Operation Circle, V.. Southern Power Distribution Company of Andhra Pradesh Ltd., Ongfe, Prakasam District. 4. The Senior Accounts Officer Operation Circle Distribution Company of Andhra Pradesh Ltd., Ong(^^. 5. The Principal Secretary to. Govt., Energy Department, Government of A P, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. ' ^Southern Power 6. One CC to Sri Madhava Rad'^falluri, Advocate [OPUC] 7. One CC to Sri Srinivasa RabrPutIuri, SC for APERC [OPUC] 8. One CC to Ms. K. Aishwarya Chowdary, Junior Standing Counsel APEPDCL [OPUC] for 9. Two CCs to GP for Energy, High Court of Andhra Pradesh 10.Two CD Copies [OUT] Cnr HIGH COURT DATED:24/07/2025 COMMON ORDER WP Nos. 38445, 38560 and 38562 OF 2012 I 18 SEP 2IC5 1] ^ . Current Section . 2" DISPOSING OF THE W.Ps WITHOUT COSTS