1 APHC010423222012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 38963 OF 2012 Between: 1.M/S. STEEL EXCHANGE INDIA LTD, VIZAG & 5 OTHERS, FACTORY ADDRESS: S.NO.72, DUVVADA STATION ROAD, KURMANNAPALEM, VIZAG. REP. BY ITS G.M. FINANCE, SRI.V.S.RAKESH. WITH SERVICE CONNECTION NO.VSP332. 2.M/S. VIZAG PROFILES LTD., (MERGED WITH M/S.STEEL EXCHANGE INDIA LTD.) FACTORY ADDRESS: AUTONAGAR, GAJUWAKA, VISAKHAPATNAM. REP. BY ITS G.M. FINANCE,SRI.V.S.RAKESH. WITH SERVICE CONNECTION NO.VSP519. 3.M/S. SIMHADRI STEELS (P) LTD., (MERGED WITH M/S.STEEL EXCHANGE INDIA LTD), FACTORY ADDRESS:PLOT NO.I IDA, EDULAPAKA, BONANGI PARAVADA (MANDAL), VIZAG DISTRICT- 531021. REP. BY ITS G.M. FINANCE,SRI.V.S.RAKESH. WITH SERVICE CONNECTION NO.VSP356. 4.M/S. GOLD STAR STEEL & ALLOYS(INDIA) LTD., (PRESENTLY OPERATING ON LEASE BY M/S. STEEL EXCHANGE INDIA LIMITED) SRI RAM PURAM,L.KOTA (MDL) VIZIANAGARAM (DIST). REP. BY ITS G.M. FINANCE,SRI.V.S.RAKESH WITH SERVICE CONNECTION NO.VZM124. 5.M/S. STEEL EXCHANGE INDIA LIMITED, OPP. NEW MANDAPALLI BRIDGE, KOTHAPETA (V), KOTHAPETA (M) EAST GODAVARI DISTRICT-533223. REP. BY ITS G.M. FINANCE,SRI.V.S.RAKESH 2 WITH SERVICE CONNECTION NO.RJY-596. 6.M/S. VIZAG PROFILES LTD., (MERGED WITH M/S.STEEL EXCHANGE INDIA LTD.) ADDRESS: AUTONAGAR, GAJUWAKA, VISAKHAPATNAM. REP. BY ITS G.M. FINANCE,SRI.V.S.RAKESH WITH SERVICE CONNECTION NO.26 0515 001112. ...PETITIONER(S) AND 1.CHAIRMAN APERC HYD 7 OT, SINGARENI BHAVAN, RED HILLS. HYDERABAD, REPRESENTED BY ITS CHAIRMAN. 2.EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH, LTD., REPRESENTED BY ITS MANAGING DIRECTOR, SAI SHAKTI, OPP SARASWATI PARK, DABA GARDENS, VISAKHAPATNAM 530 020. 3.THE SUPERINTENDENT ENGINEER OPERATION CIRCLE, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, VISAKHAPATNAM. 4.THE SUPERINTENDENT ENGINEER OPERATION CIRCLE, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD. V IZIANAGARAM, VIZIANAGARAM DISTRICT. 5.THE SUPERINTENDENT ENGINEER OPERATION CIRCLE, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 6.THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, VISAKHAPATNAM. 7.THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD. VIZIANAGARAM, VIZIANAGARAM DISTRICT. 8.THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, RAJAHMUNDRY, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 3 1.ELEVATED AS JUDGE Counsel for the Respondent(S): 1.V V SATISH (SC for APEPDCL) 2.M RAVINDRA (SC FOR APEPDCL) 3.METTA CHENDRA SEKHAR RAO 4. The Court made the following ORAL ORDER: Heard Sri Shaik Md. Umar Abdullah, Ld. Counsel for the Writ Petitioners and Ms. Jyothi Ratna, Ld. Counsel appearing on behalf of Sri V.V.Satish, Ld. Standing Counsel for the APEPDCL. 2. Ms. A. Jyothi Ratna, learned Junior Standing Counsel for APSPDCL 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 submit 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 would submit 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 & 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. 4 (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.” 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 this view of the matter, the present Writ Petition 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. 6. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 29.07.2025 MNR 5 133 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 38963 OF 2012 Dt: 29.07.2025 MNR