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2025 DAILYLAW 32085 (AP)

M/S.JAIHIND ROLLING MILLS INDIA (P) LTD v. SECRETARY, APERC., HYDERABAD & 3 OTHERS

WP/18445/2013 · 2025-06-23

Subba Reddy Satti

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010471262013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ry TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI / WRIT PETITION NO: 18445 OF 2013 Between; M/s.Jaihind Rolling Mills India (P) ltd, Registered office at S.No.173 8z, 178, Gollapuram Village, Hindupur Mandal, Anatapur District, H.T.S.No.ATP 379, Rep.by its Director, Mr. Pawan Dahiyarea, S/o Phool Kumar, Aged 26 years. ...Petitioner AND 1. AP Electricity Regulatory Commission, rep. by its Secretary, 11-4-660, 4tliFloor, Singareni Bhavan, Red Hills, Hyderabad. 2. The Central Power Distribution Company of A P Limited, rep. by its Managing Director, Mint Compound, Hyderabad. 3. The Superintending Engineer, Operation Circle, Central Power Distribution Company of A.P. Limited, Anantapur, Anantapur District. 4. The Senior Accounts Officer, Operation Circle, Central Power Distribution Company of A.P. Limited, Anantapur, Anantapur 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 declaring the common orders in O.P. Nos. 28 to 31, 32 to 35, 36 to 39, 40 to 43, 44 to 47. 48 to 51, 52 to 55 and 56 to 59 of 2012,' dated ^l^Oth September 2012 of 1st respondent determining the Fuel Surcharge Adjustr^ent (FSA) for the years 2010-11 and 2011-12 as illegal, arbitrary, and contrary "to Condition No. 6 of A.P.E.R.C. (Conduct Business) (3rd Amendment) Regulations of 2006 and Sec. 64 (3) of the Electricity Act, 2003 and also violative of Articles 14, 19(1)(g) 86 21 of the Constitution of India apart from being violative of principles of natural justice and consequently, set aside the same. lA NO: 1 OF 2013fWPIVIP 22527 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the respondents not to demand or collect any amounts towards Fuel Surcharge Adjustment (FSA) for the year 2010-11 and 2011-12 pursuant to any of the orders of the 1st respondent Commission date 20.09.2012 passed in OP Nos. 28 to 31, 32 to 35, 36 to 39, 40 to 43, 44 to 47, 48 to 51, 52 to 55 and 56-to 59 of 2012 and not to disconnect electricity supply or take any coercive step whatsoever for non-payment of any such amounts in respect of the Petitioner's HT Service Connection No. ATP 379 pending final disposal of the Writ Petition. Counsel for the Petitioner: SRI P NARAHARI BABU Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondents: SRI V R REDDY KOWURI(SC FOR ^ APSPDCL) Counsel for the Respondent Nos. 2 to 4: M/S ANJANA LEARNED COUNSEL REPRESENTING SEMI JYOTHI RATNA ANUMOLU JUNIOR^ STANDING COUNSEL The Court made the following order: MPHC010471262013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] ri TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18445/2013 Between: M/s.jaihind Rolling Mills India (p) Ltd ...PETITIONER AND Secretary Aperc Hyderabad 3 Others and Others Counsel for the Petitioner: ...RESPONDENT(S) 1. P NARAHARI BABU Counsel for the Respondent(S): 1. Venkata Rama Rao Kota SC FOR APSPDCL 2.V R REDDY KOVVURI(SC FOR APSPDCL) 3. The Court made the following: :: ORDER:: The above writ petition is filed to declare the common order dated 20.09.2012 passed by respondent No.1 in O.P.Nos.28 to 31, 32 to 35, 36 to 39, 40 to 43, 44 to 47, 48 to 51, 52 to 55 and 56 to 59 of 2012, determining the Fuel Surcharge Adjustment for the years 2010-11 and 2011-12, as illegal, arbitrary and contrary to condition No.6 of A.P.E.R.C. (Conduct Business) (3 amendment) Regulations of 2006 and Section 64 (3) of the Electricity Act, 2003. rd SK W.P.No,18445 of 20 N Heard Sri P. Narahari Babu, learned counsel for the petitioner and Ms. Anjana, learned counsel representing Smt. Jyothi Ratna Anumolu, learned Junior Standing Counsel for respondents 2 to 4. 2. The writ petition was admitted on 28.06.2013, and an interim order was granted in W.P.M.P.No.22527 of 2013. 3. Today, when the matter is taken up for consideration, Ms. Anjana, learned counsel, submitted that against the interim order, intra-courtappeals were filed and thereafter the matter was carried to the Hon’ble Apex Court. The Hon’ble Apex Court, by order dated 05.07.2016 in Civil Appeal No.5542 of 2016, dismissed the appeals filed by the petitioners. Thereafter, the respective petitioners, including the petitioner herein, paid the amount. 4. The submissions of learned counsel for respondents 2 to 4 are 5. recorded. Given the developments pending the writ petition, no further orders are required. Hence, this writ petition is closed. No costs. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- J SAROJA assistant registrar OFFICER //TRUE COPY// SEC To, 1. One CC to Sri. P Narahari Babu Advocate [OPUC] 2. OneCCto Sri. Venkata Rama Rao Kota SC for APSPDCL [OPUC] 3. One CC to Sri. V R Reddy Kovvuri(SC for APSPDCL) [OPUC] _ 4. One CC to Smt Jyothi Ratna Anumolu, Standing Counsel [OPUC] 5. Three CD Copies gsc X ✓ HIGH COURT DATED:24/06/2025 ORDER WP NO. 18445 OF 2013 2 ,n AUG 2025 a X m Current Section . CLOSING THE WP WITHOUT COSTS