1 APHC010484392012 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: 39458/2012 Between: 1. M/S WOLKEM INDIA PVT LTD., VISAKHAPATNAM, S.NO 235,236,237,239 BUTCHIAPETA,KASIMKOTA MANDAL, VISHAKAPATNAM DT REP.BY ITS DEPUTY GENRAL MANAGER VINOD K.SHARMA S/O M.L.SHARMA AGED 59 YEARS. 2. M/S. HARMONY FOODS PVT LTD (VSP 579), AUTO NAGAR,GAJUVANKA,VISAKHAPATNAM, REP.BY ITS AUTHORISED PERSON AHOK KUMAR DAGA S/O LADHU KUMAR DAGA AGED 58 YEARS. 3. M/S. MAHESHWARI FLOUR MILL (VZM 018) , INDUSTRIAL ESTATE, VIZIANAGARAM, VIZIANAGARAM DT REP.BY ITS AUTHORISED PERSON AHOK KUMAR DAGA S/O LADHU KUMAR DAGA AGED 58 YEARS 4. M/S. SRI SRINIVASA RICE MILL (TPG 00452), RACHARLLA, REP.BY ITS M.G.PARTNER P.SATYANARAYANA MURTHY S/O LAKSHMAN RAO AGED 51 YEARS ...PETITIONER(S) AND 1. ANDHRA PRADESH ELECTRICITY REGULATOR COMMISSION, SINGARENI BHAVAN, RED HILLS, HDERABAD, REP BY ITS CHAIRMAN. 2. THE SENIOR ACCOUNTS OFFICER OPERATION, EASTERN POWER DISTRIBUTION COMPANY OF AP LTD, VISAKHAPATNAM,VISAKHAPATNAM DT 3. THE SENIOR ACCOUNTS OFFICER OPERATION, EASTERN POWER 2 DISTRIBUTION COMPANY OF AP LTD, VIZAINAGARAM,VIZAINAGARAM DT 4. THE ASSISTANTS ACCOUNTS OFFICER E R 0 0FFICE, EASTERN POWER DISTRIBUTION COMPANY OF AP LTD, TADEPALLIGUDEM,WEST GODAVARI (DT) ...RESPONDENT(S): Counsel for the Petitioner(S): 1. K V UPENDRA GUPTA Counsel for the Respondent(S): 1. SRINIVASA RAO PUTLURI 2. V V SATISH (SC for APEPDCL) The Court made the following: ORAL ORDER: Heard Sri K.V. Upendra Gupta, 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 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 3 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. 6. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 28.07.2025 Vns