APHC010439442012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 38407/2012 Between: 1. AGRO COLD STORAGE OWNERS WELFARE ASSOCIATION & 11 OTHERS, MUTCHERLAVALASA VILLAGE, RAMABHADRAPURAM MANDAL VIZIANAGARAM DIST. REP. BY ITS PRESIDENT, SHRI DR. Y.G.K. MURTHY, 2. SHREE SAL KRISHNA AGRO COLD STORAGE PVT LTD,, MUTCHERLAVALASA VILLAGE, RAMABHADRAPURAM MANDAL VIZIANAGARAM DIST. REP. BY ITS MANAGING DIRECTOR, DR. Y.G.K. MURTHY, SERVICE CONNECTION NO.BBL-00105. 3. V.B. COLD STORAGE PVT. LTD., RAJULA TALLAVALASA, VISAKHAPATNAM DIST,. REP. BY ITS DIRECTOR, MR. V. SATYANARAYANA SERVICE CONNECTION NO.000593 4. NARAYANA COLD STORAGE, MUTCHERLAVALASA VILLAGE, RAMABHADRAPURAM MANDAL VIZIANAGARAM DIST. REP. BY ITS MANAGING DIRECTOR, MR. V.V. KAMESWARA RAO, SERVICE CONNECTION NO.117 5. BANGARAMMA COLD STORAGE (P) LTD., GOTLAM VILLAGE,, VIZIANAGARAM DIST. REP. BY ITS DIRECTOR, MR. V. NARASINGA RAO SERVICE CONNECTION NO.345 6. SRI SAI COLD STORAGE (P) LTD.,, CHELLOORU, VIZIANGARAM DIST. REP. BY ITS DIRECTOR, MR. P. SRINIVASA SUBBA RAO SERVICE CONNECTION NO.212 2 7. S.S.S.V.K. COLD STORAGE (P) LTD., GAJULAREGA,, VIZANAGARAM DIST. REP. BY ITS DIRECTOR, M. VENKATA CHALAM, SERVICE CONNECTION NO.055633 8. KONATHALA COLD STORAGE PVT. LTD., BYYAVARAM, ANKAPALLI,, VISAKHAPATNAM DIST. REP. BY ITS DIRECTOR K. JAGGARAO NAIDU SERVICE CONNECTION NO.VSP-411 9. JAYA KUMARI ICE & COLD STORAGE (P) LTD., ANKAPALLI, VISAKHAPATNAM DIST. REP. BY ITS DIRECTOR P. RAJESH SERVICE CONNECTION NO.452 10. VIZAG COLD SOTRAGE (P) LTD., ANANDAPURAM MANDAL,, VISAKHAPATNAM DIST. REP. BY ITS MANAGING DIRECTOR, P. RAJESH SERVICE CONNECTION NO. 00101 11. VEDAMATA INFRA PROJECTS PVT. LTD., MUNSAB PETA ADJACENT, TO NH-5 SRIKAKULAM, REP. BY ITS MANAGING DIRECTOR G. CHINNAM NAIDU . SERVICE CONNECTION NO.72 12. SRI SATYA SRINIVASA COLD STORAGE PVT. LTD.,, MUTCHERLAVALASA VILLAGE, RAMABHADRAPURAM MANDAL VIZIANAGARAM DIST. REP. BY ITS MANAGING DIRECTOR, B. RAMA KRISHNA, SERVICE CONNECTION NO.BBL-00340. ...PETITIONER(S) AND 1. CHAIRMAN A P E R C 3 OTHERS, 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, VISAKHAPATNAM DISTRICT. 4. THE SENIOR ACCOUNTS OFFICER, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3 ...RESPONDENT(S): Counsel for the Petitioner(S): 1. S GANESH NANDA Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) 2. P ANAND SESHU (SC FOR APEPDCL) The Court made the following: ORAL ORDER: Heard Sri S. Ganesh Nanda, learned Counsel appearing for the Writ Petitioners and Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel representing Sri V.V. Sathish, learned Standing Counsel for APEPDCL. 2. Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel for APEPDCL 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. 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 Junior 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: (2016) 9 SCC 134 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: 4 (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.” 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 and batch dated 09.12.2024. No Order as to Costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 28.07.2025 DSV 5 145 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 38407/2012 28.07.2025 DSV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 38407/2012 PROCEEDING SHEET Sl. No DATE ORDER Office Note 03. 28.07.2025 GRKP, J Writ Petition is disposed of. (vide separate order) ___________ GRKP, J DSV 7