APHC010336332010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25003/2010 Between: M/s. Lakshmi Polymers, A Partnership Frim, and Others ...PETITIONER(S) AND Andhra Pradesh Electicity Regulatory Commission and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. DHULIPALLA V A S RAVI PRASAD Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. SRINIVASA RAO PUTLURI 3. O MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following: 2 NV,J W.P.No.25003 of 2010 O R D E R: 1. When the matter is taken up for hearing, the learned counsel for the petitioners and the learned counsel for the respondents submitted that, W.A.No.858 of 2011 filed against the order in W.P.No.18212 of 2010 & batch dated 29.07.2011 was allowed by the Division Bench of the High Court of Andhra Pradesh, Hyderabad. Thereafter, the matter was carried to the Hon’ble Supreme Court by way of SLP No.13785 of 2012 and the same is pending before the Hon’ble Supreme Court. 2. In view of the pendency of SLP no.13785 of 2012 before the Hon’ble Supreme Court, this writ petition is disposed of on the following terms: (1) The orders dated 20.09.2012 of the Commission pertaining to the FSA for the financial year 2008-2009 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 the financial year 2008-2009 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 financial year 2008-2009 will become unenforceable. In a converse situation, the 3 NV,J W.P.No.25003 of 2010 petitioners shall be entitled to question the orders of the Commission in respect of the financial year 2008-2009. (4) If any of the DISCOMs have collected the FSA for the financial year 2008-2009 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. 3. Consequently, miscellaneous applications pending if any shall stand closed. _________________________________________ VENKATESWARLU NIMMAGADDA,J Date: 03.02.2025 SP 4 NV,J W.P.No.25003 of 2010 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25003/2010 Date: 03.02.2025 SP