APHC010514852013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10803/2013 Between: 1. PES INSTITUTE OF MEDICAL SCIENCES, CHITTOOR DIST., KUPPAM VILLAGE & MANDAL, CHITTOOR DISTRICT, REP. BY ITS PRINCIPAL, SRI.H.R. KRISHNA RAO, S/O. H.K. RAJA RAO, AGED ABOUT 57 YEARS. ...PETITIONER AND 1. SECY APERC HYD 3 ORS, 4TH AND 5TH FLOOR, SINGARENI BHAVAN, RED HILLS, HYDEDRABAD, REP. BY ITS SECRETARY. 2. SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, CORPORATE OFFICE, 19-13-65/A, KESAVAYANA GUNTA, TIRUPATHI, CHITTOOR DISTRICT. 3. SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS SUPERINTENDING ENGINEER, OPERATION CIRCLE, BHAVANI NAGAR, TIRUPATHI, CHITTOOR DISTRICT. 4. SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS SENIOR ACCOUNTS OFFICER, CORPORATE OFFICE, 19-13-65/A, KESAVAYANA GUNTA, TIRUPATHI, CHITTOOR DISTRICT. ...RESPONDENT(S): 2 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 toto issue an appropriate Writ, order or direction more particularly in the nature of Writ of MANDAMUS by Declaring the orders dated 20-09-2012 issued by 1st respondent Regulatory Commission in O.P. Nos.28 to 43 of 2012 purportedly determining and approving Fuel Surcharge Adjustment (FSA) for the Financial Year 2010 - 2011 and O.P.No.44 to 59 of 2012 for Financial Year 2011-12 and Common order dated 2-11-2012 in O.P.No.64 to 67 of 2012 for Is' quarter of Financial Year 2012-13 as illegal, contrary to Regulation No.1 of 2003 being arbitrary, without jurisdiction or power and in violation of principles of natural justice and contrary to the provisions of Andhra Pradesh Electricity Reform Act, 1998 and Electricity Act, 2003, besides violating Petitioner's rights guaranteed under Art.14, 19(1) (g) and 300A of Constitution of India and consequently set aside the same IA NO: 1 OF 2013(WPMP 13379 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay the collection of Fuel Surcharge Adjustment (FSA) Charges by the Respondents 2 to 4 for all Quarters of Financial Years 2010-2011 and 2011- 12 including penalties pursuant to the Common Order dated 20.09.2012 made in O.P.Nos. 28 to 43 of 2012 and O.P.No.44 to 59 of 2012 and Common order dated 2-11-2012 in O.P. No. 64 to 67 of 2012 for P Quarter of Financial Year 2012-13 passed by the Respondent No.1 Commission, from the Petitioner, pending final disposal of the main W.P. Counsel for the Petitioner: 1. B A PRAKASH REDDY Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. The Court made the following ORDER: Heard Ms.Pranitha, learned counsel representing Sri B A Prakash Reddy, learned counsel for the petitioner and Ms.S.Priyanka, learned counsel representing Sri V.V.Satish, learned standing counsel for respondents 2 to 4. 3 2. The above writ petition is filed to declare the orders dated 20.09.2012 issued by the 1st respondent in O.P.Nos.28 to 43 of 2012 determining and approving Fuel Surcharge Adjustment (FSA) for the Financial Year 2010- 2011, O.P.Nos.44 to 59 of 2012 for Financial Year 2011-12 and common order dated 02.11.2012 in O.P.Nos.64 to 67 of 2012 for 1st quarter of financial year 2012-13, as illegal and arbitrary. 3. When the matter is taken up for consideration, learned counsel on either side would submit that the issue is squarely covered by the order dated 31.07.2012 in W.P.No.19359 of 2012. In fact, acting upon the said order, a batch of writ petitions were disposed of vide common order dated 09.12.2024 in W.P.Nos.34450 of 2012 and batch. The operative portion of the said common order dated 09.12.2024 reads as under: (1) The orders dated 20.09.2012 of the Commission about 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 the 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 SLPSs. (3) If 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 1st 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 4. Given the facts and circumstances of the case, and following the directions issued by a Coordinate bench of this Court in W.P.No.19359 of 2012 dated 31.07.2012, the writ petition is disposed of in terms of common order dated 09.12.2024 in W.P.Nos.34450 of 2012 and batch. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. _______________________________ SUBBA REDDY SATTI, J Dated 09.07.2025 KA 5 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10803/2013 Dated 09.07.2025 KA