1 APHC010450422012 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: 38020/2012 Between: 1. M/S SRI SURYA KANYA RICE MILL, E.G. DIST. & 30 OT, MANDAPETA REP BY MANAGING PARTNER SANKA NAGENDRA PRASAD S/O.SURYANARAYANA MURTY, AGED 52 YEARS, HINDU, BUSINESS, ELEC. S.C.NO HT RJY 587 R/O. MANDAPETA, EAST GODAVARI DISTRICT. 2. SRI LAKSHMI SATYA RICE MILL,, MANDAPETA, REP BY ITS MANAGING PARTNER INAPAKOLLA SRIHARI VENKATESWARA RAO, S/O.SATYAM AGED 45 YEARS, HINDU, BUSINESS, ELEC. SC HT NO. RCP05060 R/OMANDAPETA, E.G. DISTRICT EAST GODAVARI DISTRICT. 3. M/S. MADHAVI MODERN RICE MILL, MANDAPETA, REP. BY MANAGING PARTNER, AGED 56 YEARS, HINDU, BUSINESS, SC RJY 468 LOLLA (V) RAYAVARAM (M), E.G. DISTRICT. 4. SRI SREE VENKATESWARA RICE MILL,, MODUKURU (V) REP BY ITS MANAGING PARTNER REDDY VENUGOPALA KRISHNA, S/O.RAMA RAO, AGE S 49 YEARS, HINDU, BUSINESS, ELEC. S.C.NO RJY H.T.8111 ALAMURU (M) E.G.DIST 5. SRI RADHA KRISHNA ICE MILL, MODUKURU (V), REP. BY ITS MANAGING PARTNER KORA VEERABHADRA RAO, AGED 45 YEARS, HINDU, BUSINESS, ELEC. S.C.NO.H.T RJY 565, R/O. ALAMURU (M) E.G.DIST 6. SRI ANNAPURNA RICE MILL, MANDAPETA (PO), REP. BY ITS MANAGING PARTNER VALLURI VEERRAJU, AGED 36 YEARS HINDU, BUSINESS, ELEC. SC NO RJY 449, R/O. VALLURU (V) KAPILESWARAPURAM (M) E.G. DIST 2 7. K.P.R. FERTILIZERS, BALABHADRAPURAM,, REP. BY ITS MANAGING PARTNER KARRI VENKATA MUKUNDA REDDY S/O.SATYANARAYANA REDDY, AGED 50 YEARS, HINDU, BUSINESS, ELEC. S.C.NO RJY 807, R/O.BICCAVOLU (M) EAST GODAVARI DISTRICT. 8. K.P.R. FERTILIZERS,, NALLAMILLI ROAD, REP. BY ITS MANAGING PARTNER KARRI VENKATA MUKUNDA REDDY S/O.SATYANARAYANA REDDY, AGED 50 YEARS, HINDU, BUSINESS, ELEC. S.C.NO RJY 647, R/O.BICCAVOLU (M) EAST GODAVARI DISTRICT. 9. ROLEX PAPER MILL, CHINTAPARRU (V), REP BY ITS MANAGING PARTNER I. RAMALINGA RAJU, S/O.SIVA RAMA RAJU, AGED 60 YEARS, HINDU, BUSINESS, ELEC S.0 H.T NO. ELR 370, R/O PALAKOLLU (M) W.G. DISTRICT 10. M/S. LAKSHMI NATH PAPER BOARDS,, VEMULAPALLI(V) REP BY ITS MANGING PARTNER SATHI SRINIVASU S/O. SATHI VEERRAGHAVULU, AGED 41 YEARS, HINDU, BUSINESS, ELECT SC HT NO RJY 537, R/O. DWARAPUDI (V) MANDAPETA (M) EAST GODAVARI DISTRICT. 11. M/S.SANJAY KRAFT PAPER (P) LTD.,, GUNNAMPALLI (V) REP BY ITS MANAGING DIRECTOR, PALETI NAGESWARA RAO, S/O KRISHNA MURRY, AGED 54 YEARS, HINDU, BUSINESS, ELECT SC HT NO ELR 562, R/O. DWARAKA TIRUMALA, W.G.DIST. 12. M/S.AKULA PAPER BOARDS (P) LTD.,, MANDAPAKA (V) REP. B ITS MANAGING DIRECTOR, A.G.V.V.N. SATYANARAYANA S/O. BULLABBAI, AGED 48 YEARS, HINDU, BUSINESS, ELEC SC NO. ELR 481, R/O. TANUKU (M) W.G. DIST. 13. GODAVARI ROLLER FLOUR MILLS (P) LTD,, DOWLAISWARAM, REP BY ITS MANAGING DIRECTOR, NAVEEN GUPTA, AGED 41 YEARS, HINDU, BUSINESS, ELEC. S.C.NO RJY 163, R/O. INDUSTRIAL ESTATE, DOWLAISWARAM, E.G. DISTRICT 14. SAHUWALA CYLINDERS LTD UNIT I,, VISAKHAPATNAM REP BY ITS MANAGING DIRECTOR, NAVEEN GUPTA, AGED 41 YEARS, HINDU, BUSINESS, ELEC. S.C.NO VSP 080, RIO. DWARAKA NAGAR, VISAKHAPATNAM (PO) & DIST. 15. SAHUWALA HIGH PRESSURE CYLINDERS (P) LTD.,, VSP, REP BY ITS MANAGING DIRECTOR, NAVEEN GUPTA,' AGED 41 YEARS, HINDU, BUSINESS, ELEC. S.C.NO VSP 621, R/O. DWARAKA 3 NAGAR, VISAKHAPATNAM. 16. SRI SAHUWALA CYLINDERS LTD UNIT -II,, VISAKHAPATNAM, REP BY ITS MANAGING DIRECTOR, NAVEEN GUPTA, AGED 41 YEARS, HINDU, BUSINESS, ELEC. S.C.NO VSP 341, RIO. DWARAKA NAGAR, VISAKHAPATNAM. 17. COROMANDAL ROLLER & FLOUR MILLS (P) LTD.,, MARRIPALEM, REP BY ITS MANAGING DIRECTOR, NAVEEN GUPTA, AGED 41 YEARS, HINDU, BUSINESS, ELEC. S.C.NO VSP 108, R/O. HUSSAIN NAGAR, MARRIPALEM, VISAKHAPATNAM. 18. ANJANEYA ROLLER FLOUR MILLS,, VIJAYANAGARAM, REP BY REP BY ITS MANAGING DIRECTOR, NAVEEN GUPTA, AGED 41 YEARS, HINDU, BUSINESS, ELEC. S.C.NO VZM 015, R/O. DWARAKA NAGAR, VISAKHAPATNAM (PO) & DIST. 19. M/S.VISAKHA WIRES & ROPES LTD,, VISAKHAPATNAM, REP BY ITS EXECUTIVE DIRECTOR S.K.MAHESWARI, AGED 54 YEARS, HINDU, BUSINESS, ELEC SC HT NO 086, R/O. AUTO NAGAR, VISAKHAPATNAM . 20. M/S.HEMADRI CHEMICALS & INDUSTRIES LTD,, VSP REP BY ITS MANAGING DIRECTOR VIJAYA KUMAR CHOWDARY, HINDU, AGED 39 YEARS, BUSINESS, ELEC. SC H.T NO VSP 378 R/O. PLOT NO 67-68 AIE, PEDAGANTYADA (V) VISAKHAPANTAM (PO) & DIST.. 21. M/S. A.N.G. AGRO FOODS (P) LTD,, MARRIPALEM. REP BY ITS MANAGING DIRECTOR, AGED 45 YEARS, HINDU, BUSINESS, ELEC. S C NO VSP 958 R/O. MARRIPALEM, VISAKHAPATNAM (PO) & DIST. 22. M/S.LOHIYA EDIBLE OILS PVT LTD,, KAKINADA, REP BY ITS MANAGING DIRECTOR, S/O.KANHAIYALAL LOHIYA, AGED 30 YEARS, HINDU, BUSINESS, EKE SC H.T NO 843, R/O.PLOT NO 25, IDA PARK, VAKALAPUDI (V), KAKINADA (M) EAST GODAVARI DISTRICT. 23. M/S. LOHIYA INDUSTRIES, HYDERABAD,, REP. BY ITS MANAGING PARTNER KISHAN LOHIYA,S/O. KANHAIYALAL LOHIYA, AGED 30 YEARS, HINDU, BUSINESS, ELEC. S.C.H.T.NO RRS 354, R/O.PLOT NO 6-66, SY NO 165, GAGAN PAHAD, RAJENDRANAGAR, R.R.DIST. 24. M/S. LOHIYA EDIBLE OILS (P) LTD, MANKHAL, MAHESWARM REP. BY ITS MANAGING PARTNER KISHAN LOHIYA,S/O.KANHAIYALAL LOHIYA, AGED 30 YEARS, HINDU, BUSINESS, NO ELEC. SC H.T 4 NO RRS 1124 R/O.PLOT NO 4, A, MANKHAL, MAHESWARAM (M) , R.R.DIST HYDERABAD. 25. M/S.SRI VENKATA PADMAVATHI RICE MILL,, ANGARA, REP BY ITS MANAGING PARTNER TORATI VENKATA RATNAM, S/O SATYANARAYANA, AGED 36 YEARS, HINDU, BUSINESS, ELEC. S.C.NO L.T ELR 104, R/O. WEST KANDRIKA, KAPILESWARAPURAM (M). W.G.DISTRICT. 26. M/S. M.G.R. RICE INDUSTRIES,, POLAMURU, REP BY ITS MANAGING PARTNER KARRI CHAKRAVARTHI, AGED 55 YEARS, HINDU, BUSINESS, ELEC. SC H.T NO RJY 560, R/O. POLAMURU (V) ANAPARTHI (M) E.G. DISTRICT. 27. SRI VEERABHADRESWARA RAW & BOILED RICE MILL,, POLAMURU, REP BY ITS MANAGING PARTNER SATHI RAMI REDDY, AGED 54 YEARS, HINDU, BUSINESS, ELEC. S.C. NO H.T. RJY 462, R/O. ANAPARTHI (M) E.G. DISTRICT. 28. SRI SAI KRISHNA RAW & BOILED RICE MILL,, MANDAPETA, REP BY ITS MANAGING PARTNER MALLIDI VENKATA KRISHNA REDDY, S/O.VEERRAJU, AGED 44 YEARS, HINDU, BUSINESS, ELEC, SC. NO HT RJY 534, R/O. EDITHA ROAD, MANDAPETA EAST GODAVARI DISTRICT. 29. SRI VEERA VENKATA SATYANARAYANA RAW & BOILED RICE, MILL, POLAMURU (V), REP BY ITS MANAGING PARTNER SATHI KONDA REDDY, AGED 49 YEARS, HINDU, BUSINESS, ELEC, SC NO HT RJY 435, RIO. POLAMURU (V) ANAPARTHI (M) EAST GODAVARI DISTRICT. 30. SRI SRINIVASA RICE MILL,, RAMACHANDRAPURAM REP BY ITS MANAGING PARTNER POTAMSETTI CHINTA REDDY, S/O.VENKATA SATYANARAYANA REDDY, AGE 56 YEARS, HINDU, BUSINESS, ELEC. SC NO RN 936, R/O. KAKINADA ROAD, RAMACANDRAPURAM, E.G. DISTRICT. 31. VENKATA SATYA RICE MILL,, CHELLURU, REP BY ITS MANAGING PARTNER KARRI VEERABHADRA REDDY,S/.KONDA REDDY, AGED 54 YEARS, HINDU, BUSINESS, ELEC. W. H.T NO RCP 451, RIO. RAMAVARAM (M) EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE GOVT. OF A.P REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT, AP SECRETARIAT, 5 SAIFABAD, HYDERABAD 2. THE SECRETARY, THE AP ELECTRICITY REGULATORY COMMISSION (APERC), SINGARENI BHAVAN, RED HILLS, HYDERABAD 3. THE A P EASTERN POWER DISTRIBUTION CO LTD REP BY ITS, THE CHAIRMAN & MANAGING DIRECTOR, APEPDCL, CORPORATE OFFICE, NEAR GURUDWARA, SEETHAMMADHARA, POSTAL COLONY, VISAKHAPATNAM(PO) 4. THE SUPERINTENDING ENGINEER, APEPDCL, VIDYUT SAKHA BHAVAN, GODAVARI BUND, RAJAHMUNDRY-1 5. THE SENIOR ACCOUNTS OFFICER, 0/O. THE SUPERINTENDING ENGINEER, APEPDCL, VIDYUTSAKHA BHAVAN, GODAVARI BUND, RAJ AHMUNDRY-1 ...RESPONDENT(S): Counsel for the Petitioner(S): 1. P NARASIMHA RAO 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 P. Narsimha Rao,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 Counselfor APEPDCLhas 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 6 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: (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. 7 6. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 21.07.2025 Vns