APHC01 001094201 2 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) hSs MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 38063 OF 2012 Between'. I. Vasanthi Ice Products Prop. K.Subsh Chandra Bose S/o. Parasuramaiah Aged 64 Years Ramanapudu Gudiwada, Krishna District. 2. Vagdevi Ice Products. Mg. Partner K. Ravi Kumar, aged 37 yeais, S/o K. Subash Chandra Bose, Ramanapudu Gudiwada, Krishna District. 3. Sri Venkatesh Ice Industry, Prop. R.ManiKyala Rao, aged 70 years, S/o Venkata Ratnam, Eluru Rural.West Godhawan District 4. AJay Ice Industries, Mg. Parmer K. Ajay Kumar, aged 35 years, S/o K. Subhash Chandra Bose, Gudiv/ada,Krishna District. 5. Sai Baba Ice Products Partner K.Ravi Kumar, aged 37 years, S/o K. Subhash Chanura Bose, Ramanapudu Gudiwada, Krishna District. 6. Sri Venkatesh Ice and cold storage, Prop. R. Ravinder Kumar, aged 48, S/o Manikyala Rao, Eluru Rural, West Godhawari, District. VI 7 Vasavi Ice and cold Storage, Mg. Partner K. Subhash Chandra Bose, aged 64 years, S/o Parasuramayya, Gudiwada, Krishna District. 8. Gaga Bhavani Ice and cold Storage, Pro. M. Ganga Bhavani aged 45 years, W/o M. Durga Prasad, Kaikaluru, Krishna District. 9. Nandini Ice and cold Storage, Me,. Partner, P. Rani Pramila, aged 55 years, W/o Satya Vara prasad, Gudiwada.Krishua District. i v' 10. Harini Kowshik Ice and food Products, Pro. K.B.R. Sri Devi, aged 50 years, W/o.Mohana Rao, Gudiwada,Krishna District. IK Mdnaka Maha Lakshmi Ice industries, *'Pro. S. Lakshmi Kumari, Aged 45 years, W/o S. Sita Rama Das, Gudiwada, Krishna District. 12. Sri Krishna Ice Industries. P. V. Padmavathi, aged 54 years, W/o V.V.V. Krishna Rao, Gudiwada, Krishna District. 13. Himagiri Ice cold Storage, Mg. Partner, V.V.G. Ganesh Chowdary aged 42 years, S/o Gopala Krishna Murthy. Gudiwada, Krishna District. 14. Hima Ratna Ice Industries. Mg. partner V. Rama Krishna, aged 57 years, S/o Seshagiri Rao, Gudiwada, Krishna District. 15. Sri Laksmi Venkateshwara Ice Industries, Mg. Partner, L. Hema Mai ini, aged 30 years, W/o L. Nageshwar Rao. Gudiw'ada, District. 16. Venkateshwara Ice and cold Storage, Mg. Partner K. Venkatadri (/howdary , aged 55 years, 3/o K. Rama Krishna, Gudiwada. Krishna District. 17. Vara Lakshmi Ice Plant, Mg. partner, K. Srinivas, tiged 37 years, S/o Rama Chandra Rao, satlirampadu, Eluru West Godhavari Distr ict. 18. Vara Lakshmi Enterprises, Mg. Prop, B.Dhasaradhramaiahi Satrampadu Eluru rulal West Godhavari District. 19. Bhavani Ice Indristries, Mg.Partner.K.Srinivas, age 37 years, S/o. Ramachandrarao, Denduluru, West Godhavari District. 20. Sri. Rajyalakshmi Ice Plant, Mg. partner, DMalati G.P.A.B.Pleswar Rao Age 65 years, S/o. NagaBhushanm, Denduluru, West Godhavari District 21. Varalakshmi Ice & cold storage. Mg.Partner B.Sailaja age 27 years. W/o. Dasaradha Ramayya, Denduluru, West Godhavari District. 22. Puma chitanya Ice & cold Sic^rage, Mg.partner.K.Siva Prasad Age 42 yea S/o. K.Venkateswar Rao, RaiTianapudi,Gudiwada, Krishna Dist. rs 23. Kodali Ice Industries, Mg.partner.K.venkateswarrao Age.68 years, S/o. K. parasuramayya, Gudiwada, Krishna Dist. 24. Surya Devara Ice & Cold Sloi'age, Rep.by Smt.S.Lakshmi Kumari w/o Sitaramaiah, Suryadevara Complex, R.T.C Colony, Paniarru road. Gudivada, Krishna District Petitioners AND 1. A.P. Electricity Regulatory Commission, rep. by its Secretary, A.P. Singareni Bhavan, Red Hills, Hyderabad. 2. The Central Power Distribution Company of A.P. Luii Mint Compound, Hyderabad. d, rep. by its Managing Director, 3. The Superintending Engineer, Operation, RR North Circle, liiC Central Power Distribution Company of A.P. Liinued, Bhudhabhavan, Secunderabad. 4. The Senior Accounts Officer. Operation, RR North Circle, The Central Power Distribution Company of A.P. Limited, Bhudhabhavan, Secunderabad. 5. Government of A.P. rep. by its Principal Secretary to Govt., Energy Department, A.P. Secretariat, Hyderabad. 6. The Superintending Engineer. Operation Circle, Nalgonda, The Central Power Distribution Company of A.P. Limited, Nalgonda, Nalgonda District. 7. The Senior Accounts Officer, Operation Circle, Nalgonda The Central Power Distribution Company of A.P. Limited, Nalgonda, Nalgonda 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 of direction more particularly one in the nature of Writ of Mandamus a) Declaring the orders passed by the 1 respondent Andhra Pradesh Electricity Regulatory Commission in OP. No. 31 of 2012, OP. No. 35 of 2012, OP. No. 39 of 2012, O. No. 43 of 2012, OP. No. 47 of 2012, OP. No. 50 of 2012, OP. No. 52 of 2012, OP. No. 56 of 2012, OP. No. 29 of 2012, OP. No. 33 of 2012, OP. No. 37 of 2012, Op. No. 41 of 2012, OP. No. 45 of 2012, OP. No. 53 of 2012, OP. No.59 of 2012 all dated 20.09.2012 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 a side the same b) Declaring the newspaper notice dated 24.09.2012 issued by the distribution licenses as illegal and to set a side the same, and directing the said respondents to forbear from demanding and collecting any amounts towards fuel surcharge adjustment for 2010-2011 and 2011-12 in pursuance thereof or in pursuance of the impugned orders of the 1®' respondent Commission dated 20.09.2012 or otherwise, and to further direct them to forthwith refund and / or adjust in future consumption bills all amounts collected adjusted in respect of the same c) Granting and directing all consequential relief IA NO: 1 OF ?ni2(WPMP 48280 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated support of the petition, the High Court may be pleased to 1 not to demand or collect any adjustment for the year 2010-2011 or 2011- notice 24.9.2012 or pursuant to any of the dated 20.9.2012 or in the affidavit filed in direct the respondents distribution licensee amounts towards fuel surcharge 2012 pursuant to their newspaper orders of the 1st respondent Commission disconnect electricity supply take any coercive step such amounts or for adjustment in impugned otherwise and not to for non-payment of any whatsoever subseqent bills of payments of such amounts Counsel for the Petitioners; SRI SURESH KUMAR POTTURI Counsel for the Respondent No.5: GP FOR ENERGY Counsel for the Respondents No.1 to 4, 6 & 7; M/S. KOTHAPALLI aishwarya chowdary, learned junior standing counsel REPRESENTING SRI W SATISH NAIDU The Court made the following order: 1 APHC010010942012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 38063/2012 Between: 1. VASANTHI ICE PRODUCTS PROP. K.SUBSH CHANDRA BOSE S/0. PARASURAMAIAH AGED 64 YEARS RAMANAPUDU GUDIWADA, KRISHNA DISTRICT. 2. VAGDEVI ICE PRODUCTS., MG. PARTNER K. RAVI KUMAR, AGED 37 YEARS, S/0 K. SUBASH CHANDRA BOSE, RAMANAPUDU GUDIWADA, KRISHNA DISTRICT. PROP. R.MANIKYALA RAO, 3. SRI VENKATESH ICE INDUSTRY, AGED 70 YEARS, S/0 VENKATA RATNAM, ELURU RURAL,WEST GODHAWARI DISTRICT 4. AJAY ICE INDUSTRIES,, MG. PARTNER K. AJAY KUMAR, AGED 35 YEARS, S/0 K. SUBHASH CHANDRA BOSE, GUDIWADA,KRISHNA DISTRICT. 5. SAI BABA ICE PRODUCTS, MG. PARTNER K.RAVI KUMAR, AGED 37 YEARS, S/0 K. SUBHASH CHANDRA BOSE, RAMANAPUDU GUDIWADA, KRISHNA DISTRICT, 6. SRI VENKATESH ICE AND COLD STORAGE,, PROP. R. RAVINDER KUMAR, AGED 48, S/0 MANIKYALA RAO, ELURU RURAL, WEST GODHAWARI, DISTRICT 7. VASAVI ICE AND COLD STORAGE,, MG. PARTNER K. SUBHASH CHANDRA BOSE, AGED 64 YEARS, S/0 PARASURAMAYYA, GUDIWADA, KRISHNA DISTRICT. 8. GAGA BHAVANI ICE AND COLD STORAGE,, PRO. M. GANGA BHAVANI AGED 45 YEARS, W/0 M. DURGA PRASAD, KAIKALURU, KRISHNA DISTRICT. 2 9. NANDINI ICE AND COLD STORAGE PRAMILA, AGED 55 YEARS, GUDIWADA,KRISHNA DISTRICT. 10.HARINI KOWSHIK ICE AND FOOD PRODUCTS,, PRO. K.B.R. SRI years, W/0 MOHANA RAO, GUDIWADA,KRISHNA ulSTRIC I. 11. KANAKA MAHA LAKSHMI ICE INDUSTRIES,, PRO S LAKSHMI KRISHNA ofsTRICT.'^^''^®' ^ ^^DIWADA, 12.SRI KRISHNA ICE INDUSTRIES,, YEARS, W/0 V.V.V. KRISHNA DISTRICT. MG. PARTNER, P. RANI W/0 SATYA VARA PRASAD, P V. PADMAVATHI, AGED 54 RAO, GUDIWADA, KRISHNA 13.HIMAGIRI ICE COLD STORAGE, MG- partner, V.V.G GANESH CHOWDARY AGED 42 YEARS, S/0 GOPALA KRISHNA GUDIWADA, KRISHNA DISTRICT. MURTHY. 14.HIMA RATNA ICE INDUSTRIES,, MG. PARTNER V. RAMA KRISHNA AGED 57 YEARS, S/0 SESHAGIRI RAO, GUDIWADA, KRISHNA DISTRICT. 15.SRI LAKSMI VENKATESHWARA ICE INDUSTRIES,, L. HEMA MALINI, AGED 30 YEARS, W/0 GUDIWADA, DISTRICT. MG. PARTNER, L. NAGESHWAR RAO. 16.VENKATESHWARA ICE AND COLD STORAGE,, MG. PARTNER K VENKATADRI CHOWDARY , AGED 55 YEARS, SIO K RAMA KRISHNA, GUDIWADA, KRISHNA DISTRICT. 17.VARA LAKSHMI ICE PLANT 0-7 vcADo o/Y^ partner, k. srinivas. aged 37 YEARS, S/0 RAMA CHANDRA RAO, SATHRAMPADU WEST GODHAVARI DISTRICT. , ELURU 18. VARA LAKSHMI ENTERPRISES,, B.DHASARADHRAMAIAH SATRAMPADU ELURU GODHAVARI DISTRICT. 19.BHAVANI ICE INDRISTRIES,, f ‘ YEARS, S/O. RAMAEHANDRARAO GODHAVARI DISTRICT. MG. PROP, RULAL WEST MG.PARTNER.K.SRINIVAS, AGE 37 WEST DENDULURU, 20.SRI. RAJYALAKSHMI ICE PLANT,, ^ ' mg. partner, DMALATI GP.A.B.PLESWAR RAO AGE 65 YEARS, S/0. NAGABHUSHANM DENDULURU, WEST GODHAVARI DISTRICT 3 21.VARALAKSHM1 ICE & COLD STORAGE,, MG.PARTNER B.SAILAJA AGE 27 YEARS, W/0. DASARADHA RAMAYYA, DENDULURU, WEST GODHAVARI DISTRICT. 22.PUMA CHITANYA ICE & COLD STORAGE PRASAD RAMANAPUDl,GUDIWADA, KRISHNA DIST. MG.PARTNER.K.SIVA AGE 42 YEARS S/0. K.VENKATESWAR RAO, MG.PARTNER.K.VENKATESWARRAO AGE 68 YEARS, S/0. K. PARASURAMAYYA, GUDIWADA, KRISHNA DIST 24.SURYA DEVARA ICE & COLD STORAGE,, REP.BY SMT.S.LAKSHMI KUMARI W/0 SITARAMAIAH, SURYADEVARA COMPLEX, R.TO COLONY, PAMARRU ROAD, GUDIVADA, KRISHNA DISTRICT ...PETITIONER(S) 23.KODALI ICE INDUSTRIES AND 1.A P ELECTRICITY REGULATORY COMMISSION, REP. BY ITS SECRETARY, A.P SINGARENI BHAVAN, RED HILLS, HYDERABAD. 2 THE CENTRAL POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS MANAGING DIRECTOR, MINT COMPOUND, HYDERABAD. RR NORTH CIRCLE, THE CENTRAL POWER DISTRIBUTION COMPANY OF A.P. LIMITED, BHUDHABHAVAN, SECUNDERABAD 4.THE SENIOR ACCOUNTS OFFICER OPERATION, CIRCLE, THE CENTRAL POWER DISTRIBUTION COMPANY OF A.P. LIMITED, BHUDHABHAVAN, SECUNDERABAD. 5.GOVERNMENT OF A P, REP. BY ITS PRINCIPAL SECRETARY TO GOVT., ENERGY DEPARTMENT, A.P. SECRETARIAT, HYDERABAD. 6.THE SUPERINTENDING ENGINEER, NALGONDA, THE CENTRAL POWER DISTRIBUTION COMPANY OF A.P. LIMITED, NALGONDA, NALGONDA DISTRICT. 3.THE SUPERINTENDING ENGINEER OPERATION, RR NORTH OPERATION CIRCLE, OPERATION CIRCLE, NALGONDA THE CENTRAL POWER DISTRIBUTION COMPANY OF A.P. LIMITED, NALGONDA, NALGONCLA DISTRICT. 7.THE SENIOR ACCOUNTS OFFICER ...RESPONDENT(S); Counsel for the Petitioner(S); 4 1.SURESH KUMAR POTTURI Counsel for the Respondent(S): 1.GP FOR ENERGY 2. The Court made the following; ORAL ORDER: Heard Sri Suresh Kumar Potturi, learned Counsel 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 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 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 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. year 5 (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 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.” r 2010-2011 will become 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 Sd/- N NAGAMMA registrar OFFICER A.^iSTA '^ECTll //TRUE COPY// To, 1. The Secretary, A.P. Electricity Regulatory Commission, Singareni Bhavan, Vijayawada 2. The Managing Director, Central Power Distribution Company of A P Limited, Vijayawada 3. The Superintending Engineer Operation, RR North Circle, The Central Power Distribution Company of A.P. Limited, Vijayawada 4. The Senior Accounts Officer Operation, RR North Circle, The Central Power Distribution Company of A.P. Limited, Vijayawada 5. The Principal Secretary, Government of A P, Energy Department, A.P. Secretariat, Velagapudi, Guntur District. 6. The Superintending Engineer, Operation Circle, Nalgonda, The Central Power Distribution Company of A.P. Limited, Nalgonda, Nalgonda District. 7. The Senior Accounts Officer, Operation Circle, Nalgonda The Central ' Power Distribution Company of A.P. Limited, Nalgonda, Nalgonda District. 8. One CC to SRI SURESH KUMAR POTTURI Advocate [OPUC] 9. Two CCs to GP FOR ENERGY High Court of Andhra Pradesh [OUT] 10. One CC to SRI V V SATISH NAIDU, Standing Counsel Advocate [OPUC] 11. Two CD Copies gsg k\ i / • ^ high court DATED: 21/07/2025 ORDER WP NO. 38063 OF 2012 DISPOSING THE WP WITHOUT COSTS