APHC010396802012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos: 37440, 37557. 37648, 37713. 37899. 38044. 38167, 38306, 38333. 38567. 38998. 39154, 39173 AND 39330 OF 2012 WRIT PETITION NO: 37440 OF 2012 Between: M/s. Swatantra Hospitals, Multi Specialties Hospitals, rep by its Managing Director, Dr. Ganni Bhaskara Rao, S/o.Satyanarayana Murty, Aged 56 years, Veerabhadrapuram, Rajahmundry -5, East Godavari District. ...Petitioner AND 1. The Government of Andhra Pradesh, rep by its. Principal Secretary to Government, Energy Department, AP secretariat, 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, O/o. The Superintending Engineer, APEPDCL, Vidyutsakha bhavan, Godavari bund, Rajahmundry-1 ...Respondents — 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 to issue an appropriate Order, Writ or Direction more particularly one in the nature of Writ of Mandamus under Article 226 of Constitution of India by declaring that the FSA orders passed by 2"^^ respondent on 20-9-2012 for the financial years 2010-11 and 2011-12 as published in news paper dt 249-2012 and the collection schedule of FSA circulated by the 4*^ and 5^^ respondents for including FSA amounts for FY 2010-11, 2011-12 starting from Oct 2012 to ending with September 212, including the amount in CC bill for October 2012 demanding the same for its payment under the threat of disconnecting power supply to petitioner service connection as, illegal, unjust, arbitrary, discriminatory, violative of Articles 14, 19(g) of Constitution of India, contrary to the provisions of the Electricity Act 2003, more particularly in gross violation of Section 64 proviso thereto, and thus to set aside the same in the interest of justice. lA NO: 1 OF 2012rWPMP 47519 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the wit petition, the High Court may be pleased to suspend the operation of FSA orders dt 20-9-2012 towards F-Y 2010-11 & 2011 -12, together with collection schedule of FSA circulated by the respondent since the 5*^ respondent is threatening disconnection of power supply of the petitioner service connection till the final disposal of the main Writ Petition, in the interest of justice. lA NO: 1 OF 2013(WVMP 747 OF 2013 Between: 1. 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) 2. The Superintending Engineer, Godavari bund, Rajahmundry-1 The Senior Accounts Officer, O/o. The Superintending Engineer APEPDCL, Vidyutsakha bhavan, Godavari bund, Rajahmundry-1 APEPDCL, Vidyut sakha bhavan. 3. ...Petitioners/Respondents AND 1. M/s. Swatantra Hospitals, Multi Specialties Hospitals, rep by its Managing Director, Dr. Ganni Bhaskara Rao, S/o.Satyanarayana Murty, Aged 56 years, Veerabhadrapuram, Rajahmundry -5, East Godavari District. ...Respondent/Petitioner The Government of Andhra Pradesh, rep by its. Principal Secretary to Government, Energy Department, AP secretariat, Saifabad, Hyderabad. The Secretary, The AP Electricity Regulatory Commission (APERC), Singareni Bhavan, red hills, Hyderabad. 2. 3. ...Respondents/Respondents 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 vacate the interim orders passed on dated 05-12-2012 In W.P.MP.No. 47519 OF 2012 INW.P.No. 37440 of 2012. Counsel for the Petitioner: SRI P. NARASIMHA RAO Counsel for the Respondent No.1 : GP FOR ENERGY Counsel for the Respondent Nos.2 to 5 : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) 4-' APHC010184782012 WRIT PETITION NO: 37557 OF 2012 Between: 1. M/s. Venkata Sal Boiled and Raw Rice Mill (ONG 221), Medarmetla Prakasam (Dt) Rep.by its M.G.Partner Ravi Srinivasa Rao, S/o. SUbba Rao aged 47 years. 2. M/S. Raghavendra Raw and Boiled Rice Mill (ONG 195), Medarmetla Prakasam (Dt) Rep.by its M.G.Partner Kota Radha Krishna Murthy, S/o. Naiduamma aged 76 years. 3. M/S. Sri Rama Raw and Boiled industry (ONG 096), Medarmetla Prakasam (Dt) Rep.by its M.G.Partner M.Nagabhusanarri S/o Subba Rao aged 47 years. 4. M/S. Sri Sri Sri Narayana Swamy Raw and boiled Rice, mill (ONG 326) Medarmetla , Prakasam (Dt) Rep.by its M.G.Partner M.Satyanarayan a, S/o. Venkateshwaru aged 46 years 5. M/s. Sri Prasanajaya Raw and boiled Rice mill (ONG 347), Reningavaram, Prakasam (Dt) Rep.by its Partner P.Chandram, S/o. Subba Rao, aged 45 years. 6. M/s. Sri laxmi Srinivasa Modern Rice Mill (11542), Kandukur Rep.by its Prop. U.Srinivasa Rao, S/o. Subba Rao, aged 36 years. 7. M/s. Sri Venkata Sai Dattarraia Raw boiled rice and flour, mill (10952) Kandukur Rep.by its Proprietor I Subbarao, S/o. Venkata narasimha aged 56 years. 8. M/s. Sri Balaji Rice Mill (1546) Kandukur, Rep.by its Prop D.venkateshwarlu, S/o. Bramha Rao, aged 39 years. 9. M/s. Sri Bagha Laxmi rice mill (2165) Kandukur, rep.by its Partner T. Venkataiah, S/o. Malakondhaiah, aged 60 years. M.G. V - 10. M/s. Sri Srinivasa Raw and boiled Rice mill(ONG 1196), Tettu.Gudlur Mandal Rep.by its M.G.Partner K.Koteshwar Rao, S/o. Subbarao, aged 52 years. 11.M/s. Sri laxmi Saraswathi Rice mill (4249) M.G.Partner A.H.Narayana, S/o. Ramatingiah, aged 63 years. 12.M/s. Sri Vamsi Krisha Boiled and Raw Rice Mill (5471), Kandukur Rep.by its Partner J.Satyanarayana, S/o. Narasaiah, aged 62 years. 13.M/S. Sri Gayatri Modern Rice mill (634) Oguru, Kandukur, Rep.by M.G.Partner M.venkateshwarlu, S/o. Ramana Rao, aged 44 years. 14.M/s. Laxmi Srinivasa Raw and Boiled Rice mill (5104), Kandukur , Rep.by its Prop K.Venkateshwar Rao, S/o. Subbaraiyudu, aged 49 years. 15.M/s. Priyanka Agro Enterprises (NLR 339), Kodavalur Mandal, Nellore Dt Rep.by ' its M.G. Director NVSS Prasad, S/o. Subbiah Naidu, aged 53 years. Kandukur Rep.by its ...Petitioners AND 1. Andhra Pradesh Electricity Regulator Commission, Singareni Bhavan, Red Hills, Hyderabad, Rep by its Chairman. 2. The Senior Accounts Officer Operation, Southern Power Distribution Company of AP Ltd, Ongole, Prakasam District 3. The Senior Accounts Officer Operation, Southern Power Distribution Company of AP Ltd, Nellore, Nellore District 4. The Assistants Accounts Officer, Distribution Company of AP Ltd, Kandukur, Prakasam (Dt) E.R.O.Office Southern Power ...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 writ or order if direction more particularly in the nature of Wirt of Mandamus declaring . (a) The orders passed by the first respondent in O.P.Nos 28 to 31 of 2012, O.P.Nos 32 to 35 of 2012 , O.P.Nos 36 to 39 of 2012 .O.P.Nos 40 to 43 of 2012 , O.P.Nos 44 to 47 of 2012 , O.P.Nos 48 to 51 of 2012 ,O.P Nos 52 to 55 of 2012 and O.P.Nos 56 to 59 of 2012 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 and void being violative of principles of natural justice and contrary to provisions of regulations and law and to set aside the same, (b) To direct the respondents to forbear from demanding and collecting any amounts towards fuel surcharge adjustment charges for 2010 -2011 and 2011-2012 in pursuance there of or in pursuance of impugned orders of first respondent dated 20-09-2012 otherwise and to further direct them to forthwith refund and/or adjust in future consumption bills and all amounts collected or adjusted in respect of the same. or [A NO: 1 OF 2012(WPMP 47674 OF 2012 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 direct the respondents not to demand or collect any amounts fuel surcharge adjustment charges for the year for 2010 -2011 and 20112012 in pursuance there of or in pursuance of impugned orders of first respondent dated 20-09-2012. Counsel for the Petitioners: SRI K. V. UPENDRA GUPTA Counsel for the Respondents :Ms. A. JYOTHI RATNA, JUNIOR STANDING COUNSEL FOR APSPDCL Counsel for the Respondents : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) ' / APHC010236032012 WRIT PETITION NO: 37648 OF 2012 Between: M M/S. Navodaya Par Boiled Rice and oil Mill (GNT 000700 ) Tenali , Guntur Dist Rep.by its M.G.Partner G.Samba Siva Rao S/o Uma Maheshwar Rao aged 68 years. 2. M/S.Sri Sita Ramanjaneya Rice Mill (GNT 1168) Tenali Rep.by its Partner G.V.Pandu Ranga Rao S/o Venkateshwarlu aged 62 years. 3 M/S.Sri Balaji Rice Working Co (12595) Tenali , Rep.by its Prop C.Rajshekar S/o Chandrababu aged 32 years. 4 M/S Navodaya Rice Mill (GNT 000113)Tenali, Rep.by its M G.Partner G.Samba Siva Rao S/o Uma Maheshwar Rao aged 68 years.. 5. M/S Mahalakshmi Rice Traders (GNT 1072)Tenaii, Rep by its.Partner K.Yagneshwar rao S/o Sita Ramaiah aged 62 years.. 6. M/S.Sn Subodaya Raice & Flour Mill (GNT 1379)Tenali, Rep by its.Partner K.Samba Siva Rao S/o Rataiah aged 59 years. 7 M/S Sn Balaji Rice Working Co (gnt 2416) Tenali , Rep.by its Prop C.Rajshekar S/o Chandrababu age^d 32 years. 8 M/S.Sri Lakshmi Modern Rice Working Co. (Gnt 12157) Tenali , Rep,by its Prop K.L S Gupta S/o Venkata MohanRao aged 38 years. 9 M/S.Radha Krishna Rice & dal Mill (Gnt 778) Tenali , Rep.by its Prop N.Krishna Murthy S/o Nagabushanam aged 53 years. 10 M/S.Nageshwar rao Rice Traders (Gnt 1180) Tenali , Rep.by its Prop K.Nageshwar rao S/o Kottaiah aged 38 years. 1 1 M/S.Sri Venkateshwara Rice Working Co (2988) Tenali , Rep by its Partner S.Maliikarjun rao S/o Subba F-tao aged 54 years. 12. M/S.Sri Srinivasa Rice Working Co (88) Tenali , Rep.by its Prop M.sanjeev kurnar S/o Krishna Rao aged 25 years. 1 3. M/S.Janata Rice Mill (878) Tenali , Rep.by its M.G.Partner D.nageshwar rao S/o Raman rao aged 40 years. 14. M/S.Satyanarayana Rice Mill (Gnt 116) Arurnbaka, Rep.by its partner A.Satyanarayana S/o Subba Rao aged 52 years. 15 M/S Sri Lakshmi Murali Mohan rice & Floor Mill (Gnt 418) Cherukupalli, Rep.by its Partner C.H.Murali Mohan S/o Panduranga aged 51 years. 16. M/S.Ramachandra Rice Working Co (Gnt 1282) Tenali , Rep.by its Prop N.V.L.Narayana S/o Radha Krishna Murthy aged 37 years. 1. \ <5 " I 17. M/S.Sri Lakshmi Satyanarayana Rice & Floor Mill (Gnt 288) Tenali , Rep.by its Partner K.V.V.Prasad rao S/o Prasad Rao aged 50 years. 18.M/S.Sri Adi Lakshmi Karneshwari Rice Mill (Gnt 2482) Tenali , Rep.by its Prop T.V.Siva Kumar S/o Mallikarjun Rao aged 29 yea 19.M/S.Parvatai Parameshwara Rice Mill (Gnt 1112) Cherukupalli , Rep.by its Prop N.Kasi S/o Nagendra aged 60 years. rs. 20. M/S.Sri Venkateshwara rice & floor Mill (Gnt 0031) Munangivadipalem , Rep.by its M.G.Partner E.Venkateshwara reddy S/o Venkata Kota reddy aged 55 years. 21. M/S Prasad rice And floor mill (Gnt 3040) Peddaravur, Rep.by its Prop P.Shesha Giri Rao S/o S.ubba Rao aged 45 years. 22.M/S.Chimnaya Traders (Gnt 23969) Tenali , Rep.by its Prop T.Purnachandra Rao S/o Satyanarayana aged 45 years. 23.M/S.Manik3nta Modern Rice Mill (Gnt 3185) Tenali . Rep.by its M.G.Partner g.satyanarayana S/o Samba Siva Rao aged 46 years. 24.M/S.Sita Ramanjaneya Rice Mill (Gnt 189) Nadigaddapal M.G.partner K.Srinivasa reddy S/o Rami reddy aged 42 em, Rep.by its years. 25. M/S.Sri Venkata Raman rice Mill (Gnt 11143) Nidubrolu , Rep.by its M.G.Partner G.V.Krishnaiah S/o Venkata subbaiah aged 73 years. 26.M/S.Sri Ramachandra rice Mill (Gnt 1080) Nidubrolu , Rep,by its Partner G.V.Krishnaiah S/o Venkata subbaiah aged 73 years. 27.M/S.Sita Rama rice Mill (Gnt 3108) Munipalli, Rep.by its Partner V.Satya Sai Babu S/o Chowdarama aged 44 years, 28. M/S.Sri Lakshmi rice Mill (Gnt 064) Nidubrolu , Rep.by its Partner k.Srinivasa Rao S/o rama Rao aged 44 years. 29. M/S.Sri Naga Lakshmi rice Mill (GnI 589) Nidubrolu , Rep.by its Prop K.Subba Rao S/o Radha Krishna Murthy aged 56 years. 30. M/S.balaji Par Boiled & M.G.Partner K.Venumada rice Mill (Gnt 0401) Chintalapadu, Rep.by its V RaoS/o Subba Rao aged 45 years. Industries (Gnt 889) m.ramanjaneyulu S/o Ramulu aged 62 years. faw 3t.M/S.M.S.R.Rice Kasukarru, Rep.by its Partner 32. M/S.Sri Ragavendra rice Mill (Gnt 0561) Kasukarru M.Sheshagiri rao S/o Venkata narayana aged 61 years. 33.M/S.Nelisetty rice industries(Gnt 1079) Kasukarru N.Narasimha Rao S/o Venkateshwarlu aged 65 34.M/S.gopi Krishna rice mill (Gnt 3171) Kasukarru J.harinadha babu S/o varaiah aged 53 years 35, M/S.Sri Balaji trading company (Gnt 1118) Niduburolu, Rep.by its Prop jbba rao aged 61 years Rep.by its M.G.Partner , Rep.by its M.G.Partner years. Rep.by its M.G.Partner M.nageshwar Rao S/o 36. M/S.Sri rama rice mill( Krishna Rao S/o Venkata ratnam aged 58 37. M/S Sri Sita Ramanjaneya Partner C.Venkateshwarlu S/o Sheshaiah aged 70 ye S'. nt 1081) Ponnuru, Rep.by its M.G.Partner S,radha years raw rice & boiled Mill (Gnt 3170) P.T.Parur, Rep.by its ars —n- 38. M/s.Sri bala Krishna rice Miii(Gnt 228) Ponnuru , Rep.by its Prop N.V.malikarjun Rao S/o harinarayana aged 44 years 39. M/S.Sri Satya Narayana traders(Gnt 015) Katempudi , Rep.by its M.G.Partner P.rammohan rao S/o Venkat raoaged 63years 40. M/S Sri Balaji rice Mili(Gnt 012) Lakshmipurann, Rep.by its M.G.Partner K.srinivas Rao S/o Srimannarayana aged 40 years 41. M/S.Sri Srinavasa Rice iV1in(Gnt 0126) Tottempudi , Rep.by its Prop A.Koti ready S/o Vera Reddy aged 65 years 42. M/S.Sri Venkata satya Sai traders(Gnt 785) Ponnuru , Rep.by its.Partner G Satyanarayana S/o Puttaiah aged 55 years 43.M/S.Lakshmi Srinivasa Rice Mil! (Gnt 1281) Ponnuru , Rep by its M.G.Partner A.samba Siva rao S/o Subbaiah aged 62 years 44.M/S.Puvada nageshwara & Lakmsetty barati & Co (Gnt 1133) patachalatiparru, Rep.by its M.G.Partner P.nageshwar rao S/o Subba rao aged 67 years 45. M/S.Sri ramachandra rice industry (Gnt 0543) Ponnuru , Rep.by its Prop E.subba rao S/o dassaiah aged 60 years .Siva 46.M/S.Lakshmi Sujata Traders (Gnt 1653) Ponnuru , Rep by its prop A.V.subba rao S/o Venkateshwarlu aged 75 years 47. M/S.Ravindra Rice working Co (956) Repalli S.Veranjaneyuku rao S/o Venkata Subbaiah aged 52 years 48.M/S.Viajaya durga rice Mill (5843) Repalli , Rep.by its Prop K.V.N.S rao S/o Subba Rao aged 61 years 49.M/S.Vijaya Rice working Co (331) Repalli , Rep.by its Prop k.venkateshwar S/o Krishna rao aged 57 years 50. M/S.Sri Mahalakshmi Rice working Co (29) Peteru, Rep.by its M.G.partner N.V.Hanumantha rao S/o /Xnjaneyulu aged 47 years 51.M/S.Rajeshwari Rice working Co (185) Repalli , Rep.by its Prop Chaitanya Kumar S/o Pichaiah aged 34 years 52. M/S.Ragavendra Rice industries (GNT 874) Vuyururavipalem, Rep.by its Prop K.prabakar rao S/o Venkata ramaiah aged 51 years 53. M/S.Sri padmalaya rice mill (GNT 687) Vuyurivaripalem , Rep.by its M.G.Partner V.Ram Mohan rao S/o Radha Krishna Murthy aged 58 years 54.M/S.Radha Krishna Rice Mill(GNT 684) Repalli . Rep by its Partner T.Dharma Nageshwar rao S/o Ranga Rao aged 43 years Rep.by its Partner rao ,/ 55.M/S.Om Sri Lakshmi Durga Rice working co(GNT 708) Repalli , Rep.by its M.G.Partner V.Danunjeya rao S/o Basveshvv/ar Rao aged 47 years 56. M/S.Vamshadhara Rice T raders (GNT 1059) Repalli B.Lakshmi Srinivas S/o Rarnchandra Rao aged 52 years Rep.by its Partner 57. M/S.Vasavai Rice working Co (GNT 407) Repalli , Rep.by its M.G.Partner T Somachc^ndra rao S/o Puma Rao aged 54 years 58. M/S.Sri Venkateshwara Rice Mill (5088) Repalli , Rep.by its M D.Samba Siva Rao S/o Venkateshwarlu aged 59 Partner years —'®- Vo 59. M/S.kalesha rice mill (GNT 391) Nagaram , Rep.by its Prop Patanmabusukani S/o Imankhan aged 62 years 60. M/S.Ragavendra Rice Vv/orking Co (175) Betapudi, Rep.by its Partner K.Pamidath S/o Rarnakristina Rao aged 66 years 61. M/S.Sri Venkateshwara Rice working Co (GNT 13) Clielavaripalem, Rep.by its Partner B.kamaiah S/o Venkateshwarlu aged 56 years 62. M/S.Sri Nageshwara rice Mill (GNT 82) Pudivada, Rep.by its Prop K.Srinivasa rao S/o Anjaiah aged 39 years 63. M/S.Rohini Rice Mill (GNT 1129) Peddapulivaru , Rep.by its Prop K.jagan Moha rao S/o Babu Rajendra Prasad aged 59 years 64.M/S.Jaya Krishna Rice Mill (GNT 313) Repalli , Rep.by its Prop V.S.R.Krishna S/o Tirupati Rao aged 56 years 65. M/S.bapuji Satyanarayana rice mill (1149) Battipolu M.V.Subba rao S/o Nagabushan Rao aged 59 years 66. Nandi Polymers India Pvt Ltd (TPT 261) Tirupathi.Chittor Dt, Rep.by Authorized Signatory and Accounts Officer V.Venkat Rao aged 40 years n Rep.by its Partner its S/o Adi Narayana 67. M/S.Sri .Vinay Air Products (NLR 317) Neilore , Rep.by its M.G.Partner G.Vijay Kumar S/o Rama Subbiah aged 30 years 68. M/S.Sri Venkateshwara Ice Industries (0411) Bethipudi,Guntur Dt M.G.Partner G.Srinivasa rao S/o Prasad rao aged 46 years 69. M/S.Sri Vigneshwara lc:e Industries (0412) Bethipudi,Guntur Dt, Rep.by its Prop C.Bhagavanta Rao S/o Musaliah aged 65 years 70. M/S.Sri Rama Ice Factory (0470) Bettiipudi,Guntur Dt, Rep.by its Prop P.Devarai S/o Sri rarna Kotestiwai l3ao aged 51 years 71.M/S.S11 Laxmi Satya N.arayana Rice and Oil Mill (GNT 1073) Tenali, Rep.by its Rep.by its M.G.Partner P.Venkait.shwara Rao S/o Raghaviah aged 50 years 72. M/S.Natural Food and Feeds (GNT 1898) Krishna Nagar,Tadepall i Mandal Rep.by its Authozied Q ignatory M.Venkateshwara rao S/o Malakondiah aged 46 O years 73 M/S.M.S.Agro Products (GNT 306) Krishna Nagar.Tadepalli Mandal , Rep.by its M.G.Partner M.Venkateshwara rao S/o Malakondiah aged 46 years 74. M/S.Sasisri Extractions Limited (GNT 552) Atmakur, Mangalagiri Director M.Sambhasiva Rao S/o Malakondiah aged 53 years Rep.by its And . Petitioners 1. Andhra pradesh Electricity Regulator commission, Singareni Bhavan.Red Nills,Flderabad, Rep by its Chai rrnan. \A^ The SeniorAccounts Officer (Operation) Southern Power Distribution Company of AP Ltd, Guntur,Guntur (Dt) The Senior Accounts Officer (Operation) Southern Power Distribution Company of AP Ltd, Nellore , Nellore District The Senior Accounts Officer (Operation) Southern Power Distribution Company of AP Ltd, Tirupathi , Chitoor District The Assistants Accounts Officer E.R.O.Office 2 3 4. 5. Southern Power Distribution Company of AP Ltd, Tenali .Guntur (Dt) The Assistants Accounts Officer E.R.O.Office Southern Power Distribution Company of AP Ltd, Ponnuru 6. Guntur (Dt) The Assistants Accounts Officer E.R.O.Office Southern Power Distribution Company of AP Ltd Repalli .Guntur (Dt) 7 ...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 writ or order if direction more particularly one in the nature of Wirt of Mandamus declaring . (a) The orders passed by the first respondent in O.P.Nos 28 to 31 of 2012, O.P.Nos 32 to 35 of 2012 , O.P.Nos 36 to 39. of 2012 .O.P.Nos 40 to 43 of 2012 , O.P.Nos 44 .to 47. of 2012 51 of 2012 ,O.P Nos 52 to 55 of 2012 and O.P.Nos 56 to 59' of 2012 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 and void being violative of principles of natural justice and contrary to provisions of regulations and law and to set aside the same, (b) To direct the respondents to forbear from demanding and collecting any amounts towards fuel surcharge' adjustment charges for 2010 -2011 and 2011-2012 in pursuance there of or in pursuance of impugned orders of first respondent dated 20-09- 2012 or otherwise and to further direct them to forthwith refund and/or adjust in future consumption bills and all amounts collected or adjusted in respect of the same. O.P.Nos 48 to lA NO: 1 OF 2012(WPMP 47782 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased stay the collection fuel charge adjustment charges for the year for 2010-2011 and 2011-2012 in pursuance there of or in pursuance in impugned order of first respondent dated 20.09.2012 pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI K. V. UPENDRA GUPTA Counsel for the Respondents :Ms. A. JYOTHI RATNA, JUNIOR STANDING COUNSEL FOR APSPDCL Counsel for the Respondents : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) APHC010132722012 WRIT PETITION NO: 37713 OF 2012 Between: 1. M/s. Sri Sagar Dali Mill (7145 ), Tenali .Guntur Dist Rep.by its M.G.Partner K.Srinivas S/o Venkata Subba Rao aged 34 years. 2. M/s.Vijaya laxmi Dali and Floor Ml (GNT 1070), Tenali , Rep.by its Partner G.Bala Krishna S/o G.S.N.Satyanarayana aged 36 Years 3. M/s.Vijaya Laxmi Dail Mill Industry (000548), Tenali Mg.Partner T.Siva Kumar S/oNarayana Murthy aged38 years. 4. M/s.Vijaya Laxmi Dali Mill Industry’ (004442), Tenali, Rep.by its Partner G.Siva Prasada Rao S/o Venkataratrsam aged 55 years. 5. M/s Chakrapani Dali Mill (0315), Tenali, Rep.by its.M.G.Partner P.N.S.Seshadri rao S/o Venkata Subba Rao aged 54 years.. 6. M/s.Vijaya Krishna Dail Mill (0122), Tenali, Rep.by its.M.G.Partner Yekkala Laxmi Parvathi W/o Ramanaiah aged 55 years. 7. M/s.Samala Dail Mill (41837), Tenali , Rep.by its Partner N.Narendra S/o Venkatakrsihna Murthy aged 33 years. 8. M/s. Vaaralaxmi Dail Mill (023851), Tenali , Rep.by its M.G.Partner N.V.Krishna Murthy S/o Venkat Rao aged 60 years. 9. M/s. Krishna Industries (50311 ), Tenali , Guntur Dist Rep.by its M.G.Partner N.V.krishna Murty S/o Venkat Rao aged 60 years; lO.M/s.SaiSriya Agro Processing industry (48181), Tenali , Rep.by its M.G.Partner A.Venkatasiva Rao S/o Venkatanarasaiah aged 57 Years 11.M/s. Kamakshi Agro Industry (GNT 3129), Tenali , Rep.by its M.G.Partner A.Shyam Sunder S/o Venkat Rao aged 48 years. 12.M/s.Kamakshi Dali Mill (GNT 1316), Tenali , Rep.by its Prop A.Madhan Mohan S/o. Venkat Rao aged 45 years. Rep.by its 13.M/S. Sesadri Dali Mill (GNT 1315), Tenali, Rep.by its.M.G.Partner P. Venkat Rao S/o Kondaiah aged 63 years. 14.M/s.Hema Sai Dail Mill (GNT 0516, Tenali, Rep.by its..Partner Ch.Koetshwar Rao, S/o. Kondaiah aged 57 years. 15.M/s.Mahendra Dali Mill (GNT 1181), Tenali M.Mohan Shayam Prasad S/o M.K.M.Rao aged 45 years. 16.M/s. Maharani Dali Mill (GNT 3.112), Kethavaram Rep.by its.Partner M.Mohan Shayam Prasad S/o M.K.M.Rao aged 45 years. 17.M/S. Mattupalli Dali Mill (1156 ), Tenali , Guntur Dist Rep.by its M.G.Partner M.Vidya Sagar S/o Chandra Shekar Rao aged 34 years. 18.M/s.Sai Dali Mill (1155), Tenali , Rep.by its Partner M.Vidya Sagar S/o Chandra 19.M/s.Vijaya Laxmi Dali Mill (880), Tem& , Rep.by its Partner G.Siva Prasada Rao, S/o. Venkataratnam aged 55 years 20.M/s.Kubara Dali Mill (GNT 1268), Tenali , Rep.by its Partner N.Sankar Rao Guravaiah aged 46 years. 21.M/s. Sri Sai Laxmi Padmavathi Dalt Mill (GNT 1183), Tenali, Rep.by its.Prop G.Sai Hiresan S/o. Subramanyam aged 47 years.. 22.M/s.Rajeshwari Dail Mill (GNT 1220), Tenali, Rep.by its.M.G.Partner Rao, S/o. Laxmichandrashekar Rao aged 46 years. 23.M/S. Lalitha Agricultural Products Grading Unit (0441), Chadalavada , Rep.by its Prop G.Radha Krishna Murty S/o. Venkat Subba Rao aged 62 years Rep.by its Partner 24.M/s.Satyam Dail Mill (0309), Tenali , Rep.by its Prop T.Naga Praveen Maliikarjuna Rao aged 28 years. 25.M/S.G.S.R Dail (10363), Tenali, Rep.by its Partner T.Suryanarayana Rama Swamy sresti aged 40 years. 26.M/s.Sri Sai Teja Dail Mill (GNT 3134), Tenali, Rep.by its Prop M.C.Sheaker Subramanayam aged 41 years 27.M/s.Laxmi Srinivasa Dali Mill (00123), Tenali, Rep.by its M.G.Partner Ganeshwar, S/o. Subba Rao, aged 54 years ...Petitioners AND 1. Andhra Pradesh Electricity Regulator commission, Singareni Bhavan, Red Hiils, Hyderabad, Rep by its Chairman. The Senior Accounts Officer Operation, Southern Power Distribution Company of AP Ltd, Guntur, Guntur (Dt) The Assistants Accounts Officer E R O Office, Southern Power Distribution Company of AP Ltd, Tenali,Guntur (Dt) 2. 3. ...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 writ or order if direction more particularly one in the nature of Wirt of Mandamus declaring . (a) The orders passed by the first respondent in O.P.Nos 28 to 31 of 2012, O.P.Nos 32 to 35 of 2012 , O.P.Nos 36 to 39 of 2012 ,O.P.Nos 40 to 43 of 2012 , O.P.Nos 44 to 47 of 2012 , O.P.Nos 48 to 51 of 2012 ,O.P Nos 52 to 55 of 2012 and O.P.Nos 56 to 59 of 2012 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 and void being violative of principles of natural justice and contrary to provisions of regulations and law and to set aside the same, (b) To direct the respondents to forbear from demanding and collecting any amounts towards fuel surcharge adjustment charges for 2010 -2011 and 2011-2012 in pursuance there of or in pursuance of impugned orders of first respondent dated 20-09-2012 otherwise and to further direct them to forthwith refund and/or adjust in future consumption bills and all amounts collected or adjusted in respect of the same. or IA NO: 1 OF 2012fWPMP 47863 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to demand or collect any amounts fuel surcharge adjustment charges for the year for 2010-2011 and 2011-2012 pursuance there of or in pursuance of impugned orders of first respondent dated 20.09.2012. in Counsel for the Petitioners: SRI K. V. UPENDRA GUPTA Counsel for the Respondents :Ms. A. JYOTHI RATNA, JUNIOR STANDING COUNSEL FOR APSPDCL Counsel for the Respondents : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) APHC010751982012 WRIT PETITION NO: 37899 OF 2012 Between: 1. M/s. Foods Fats & Fertilizers Ltd., Unit at Post Box No. 15, Tanuku Road, Tadepalligudem,-534 101 W.G.Dist. Rep. by its Vice President, (Finance) Sri R.V.S.S.S.Prasada Rao. With Service Connection No.E LR-016 Unit at Yemagudem, Deverapally Mandal, West Godavari District. With Service Connection No.ELR-463 2. Asia Pacific Commodities Ltd., Post Box No.15, Tanuku Road, do. Foods Fats & Fertilizers Ltd., Tadepalligudem-534 101, W.G.Dist. Rep. by its Vice President, (Finance) Sri R.V.S.S.S.Prasada Rao. With Service Connection No.ELR-402 ...Petitioners AND 1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad, represented by its Chairman. 2. Eastern Power Distribution Company of Andhra Pradesh Ltd., Dabagardens, Visakhapatnam-530 020. Rep. by its Managing Director 19- 3. The Superintendent Engineer, Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd, Eluru, W.G.Dist 4. The Senior Accounts Officer, Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd, Eluru, W.G.Dist. ...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 an appropriate Writ, Order or Direction, more particularly in the nature of mandamus : (a) declaring the applications dated 30.7.2010 purportedly filed by the Andhra Pradesh Power Co-ordination Committee behalf of the distribution licences as void and non est. and declaring the further submissions / applications dated 12/13.8.2010 filed by the distribution licensees as also consequently non est and/or otherwise barred by time and/or forfeiture of their claims; and consequently and otherwise declaring the order passed by the 1®* Respondent Andhra Pradesh Electricity Regulatory Commission in C.P. Nos. 28 to 31 of 2012 dated 20.09.2012 as illegal, null and void being contrary to law, without power and jurisdiction and to set aside the same; and/or (b) declaring the orders passed by the 1 Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of 2012, O.P. Nos. 32 to 35 of 2012, O.P. Nos. 36 to 39 of 2012, O.P. Nos. 40 to 43 of 2012, O.P. Nos. 44 to 47 of 2012, O.P. Nos. 48 to 51 of 2012, O.P. Nos. 52 to 55 of 2012, O.P. Nos. 56 to 59 of 2012, all dated 20.09.2012, determining the fuel surcharge adjustment for the four quarters of 20.10.2011 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 aside the same; and/or (c) directing the said Respondents to forbear from demanding and collecting any amounts towards fuel surcharge adjustment for 2010-2011 and 2011-2012 in pursuance thereof or in on Respondent pursuance of the impugned orders of the 1®‘ Respondent Commission dated 20.09.2012 or otherwise, and to further direct them to forthwith refund 1^- and/or adjust in future consumption bills all amounts collected or adjusted in respect of the same; and (d) granting and directing all consequential relief; lA NO- 1 OF 2012(WPMP 48066 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent distribution licensee(s) not to demand or collect any amounts towards fuel surcharge adjustment for the year 2010- 2011 or 2011-2012 pursuant to any of the impugned orders of the 1st Respondent Commission dated 20.09.2012 or otherwise, and not to disconnect electricity supply or take any coercive step whatsoever for non payment of any such amounts or for adjustment in subsequent hills of payments of such amounts: lA NO: 1 OF 2013(WVMP 1236 OF 2013 Between: 1. Eastern Power Distribution Company of Andhra Pradesh Ltd., Dabagardens, Visakhapatnam-530 020. Rep. by its Managing Director 2. The Superintendent Engineer, Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd, Eluru, W.G.Dist 3. The Senior Accounts Officer, Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd, Eluru, W.G.Dist. ...Petitioners/Respondents AND 1. M/s. Foods Fats & Fertilizers Ltd., Unit at Post Box No.15, Tanuku Road, Tadepalligudem,-534 101 W.G.Dist. Rep. by its Vice President, (Finance) Sri R.V.S.S.S.Prasada Rao. With Service Connection No.E LR-016 Unit at Yemagudem, Deverapally Mandal, West Godavari District. With Service Connection No.ELR-463 in'- 2. Asia Pacific Commodities Ltd., Post Box No.15, Tanuku Road, c/o. Foods Fats & Fertilizers Ltd., Tadepalligudem-534 101, W.G.Dist. Rep. by its Vice President, (Finance) Sri R.V.S.S.S.Prasada Rao. With Service Connection No.ELR-402 ...Respondents/Petitioners 3. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad, represented by its Chairman. ...Respondent/Respondent 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 vacate the interim orders passed on dated 10-12-2012 in W.P.M.P.No. 48066 of 2013 in W.P.No. 37899 of 2013. Counsel for the Petitioners: SRI UMAR ABDULLAH Counsel for the Respondents : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) ^0010239522012 WRIT PETITION NO: 38044 OF 2012 Between: M/s. Nile Ltd., Off: Plot No.38 & 40, APIIC, I.D.A. Gajulamandyam, Renigunta Mandal, Chittor District. Rep.by its Company Secretary, Bikram Keshari Prusty, With service Connection No.TPT-385. ...Petitioner AND 1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan Red Hills, Hyderabad, represented by its Chairman. i-c " 2. Southern Power Distribution Company of Andhra Pradesh, Ltd., represented by its Managing Director, Upstairs, Hero Honda Showroom, Renigunta Road, Tirupati 517 501. 3. The Superintendent Engineer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd, Chittoor, Chittoor District. 4. The Senior Accounts Officer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd, Chittoor, Chittoor 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 an appropriate Writ, Order or Direction, more particularly in the nature of mandamus (a) declaring the applications dated 30.7.2010 purportedly filed by the Andhra Pradesh Power Co-ordination Committee on behalf of the distribution licences as void and non est, and declaring the further submissions / applications dated 12/13.8.2010 filed by the distribution licensees as also consequently non est and/or otherwise barred by time and/or forfeiture of their claims; and consequently and otherwise declaring the order passed by the 1st Respondent Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of 2012 dated 20.09.2012 as illegal, null and void being contrary to law, without power and jurisdiction and to set aside the same; and/or (b) declaring the orders passed by the 1st Respondent Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of 2012, O.P. Nos. 32 to 35 of 2012, O.P. Nos. 36 to 39 of 2012, O.P. Nos. 40 to 43 of 2012, O.P. Nos. 44 to 47 of 2012, O.P. Nos. 48 to 51 of 2012, O.P. Nos. 52 to 55 of 2012, O.P. Nos. 56 to 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 aside the same; and/or (c) directing the said Respondents to forbear from demanding and collecting any amounts towards a-) - fuel surcharge adjustment for 2010-2011 and 2011-2012 in pursuance thereof or in pursuance of the impugned orders of the 1st Respondent Commission dated 20.09.2012 or otherwise, and to further direct them to forthwith refund and/or adjust in future consumption bills ali amounts collected or adjusted in respect of the same; and (d) granting and directing all consequential relief; lA NO: 1 OF 2012(WPMP 48262 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent distribution licensee(s) not to demand or collect any amounts towards fuel surcharge adjustment for the year 2010- 2011 or 2011-2012 pursuant to any of the impugned orders of the 1st Respondent Commission dated 20.09.2012 or otherwise, and not to disconnect electricity supply or take any coercive step whatsoever for non payment of any such amounts or for adjustment in subsequent bills of payments of such amounts. Counsel for the Petitioner: SRI UMAR ABDULLAH Counsel for the Respondents :Ms. A. JYOTHI RATNA, JUNIOR STANDING COUNSEL FOR APSPDCL Counsel for the Respondents : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) APHC010048582012 3^1 WRIT PETITION NO: 38167 OF 2012 Between: M/s. Concast Ferro Inc., Unit of Dankuni Steels Ltd Off: Dusi Village Amadalvalasa Mandal, Srikakulam District. Rep. By its Authorised Signatory r- Shri Mahendra Kumar Sanghai S/o. Shri Late Ram Niwas Sanghai With Service Connection No.SKL -162. ...Petitioner AND 1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad, represented by its Chairman. 2. Eastern Power Distribution Company of Andhra Pradesh Ltd, represented by its Managing Director, Sai Shakti, Opp Saraswati Park, Daba Gardens, Visakhapatnam 530 020. 3. The Superintendent Engineer Operation Circle Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam District. 4. The Senior Accounts Officer Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam District. Eastern Power ...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 an appropriate Writ, Order or Direction, more particularly in the nature of mandamus : (a) declaring the applications dated 30.7.2010 purportedly filed by the Andhra Pradesh Power Co-ordination Committee behalf of the distribution licences as void and non est, and declaring the further submissions / applications dated 12/13.8.2010 filed by the distribution licensees as also consequently non est and/or otherwise barred by time and/or forfeiture of their claims; and consequently and otherwise declaring the order passed by the 1®* Respondent Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of 2012 dated 20.09.2012 as illegal, null and void being contrary to law, without power and jurisdiction and to set aside the same; and/or (b)declaring the orders passed by the 1®‘ Respondent Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of 2012, O.P. Nos. 32 to 35 of 2012, O.P. Nos. 36 to 39 of 2012, O.P. Nos. 40 to on 43 of 2012, O.P. Nos. 44 to 47 of 2012, O.P. Nos. 48 to 51 of2012, O.P. Nos. 52 to 55 of 2012, O.P. Nos. 56 to 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 aside the same; and/or (c) directing the said Respondents to forbear from demanding and collecting any amounts towards fuel surcharge adjustment for 2010-2011 and 2011-2012 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 or adjusted in respect of the same; and (d) granting and directing all consequential relief; lA NO: 1 OF 2012(WPMP 48403 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent distribution licensee(s) not to demand or collect any amounts towards fuel surcharge adjustment for the year 2010- 2011 or 2011-2012; pursuant to any of the impugned orders of tic 1 Respondent Commission dated 20.09.2012 or otherwise, and not to disconnect electricity supply or take any coercive step whatsoever for non payment of any such amounts or for adjustment in subsequent bills of payments of such amounts. St lA NO: 1 OF 2013(WVMP 792 OF 2013 1. Eastern Power Distribution Company of Andhra Pradesh Ltd, represented by its Managing Director, Sai Shakti, Opp Saraswati Park, Daba Gardens, Visakhapatnam 530 020. 2. The Superintendent Engineer Operation Circle Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam District. 3. The Senior Accounts Officer Operation Circle Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam District. Eastern Power Eastern Power ...Petitioner AND 1. M/s. Concast Ferro Inc., Unit of Dankuni Steels Ltd Off; Dusi Village, Amadalvalasa Mandal, Srikakulam District. Rep. By its Authorised Signatory, Shri Mahendra Kumar Sanghai S/o. Shri Late Ram Niwas Sanghai With Service Connection No.SKL -162. ...Respondent/Petitioner 2. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad, represented by its Chairman. ...Respondent/Respondent 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 vacate the interim orders passed on dated 11-12-2012 In W.P.MP.No. 48403 OF 2012 IN W.P.No.38167 of 2012. Counsel for the Petitioner: SRI U.MAR ABDULLAH Counsel for the Respondents :Ms. A. JYOTHI RATNA, JUNIOR STANDING COUNSEL FOR APSPDCL Counsel for the Respondents : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL n-'- APHC010134042012 WRIT PETITION NO: 38306 OF 2012 Between: M/s.Aruna Paper Board Mills Pvt.Ltd., Off: Suryarao Palem, Undrajavaram Mandal, Tanuku, West Godavari District. Rep. By its Managing Director, Shri V.V. Subba Rao With Service Connection No.ELR-028. ...Petitioner AND 1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad, represented by its Chairman. 2. Eastern Power Distribution Company of Andhra Pradesh, Ltd., represented by its Managing Director, Sai Shakti, Opp Saraswati Park, Daba Gardens, Visakhapatnam 530 020. 3. The Superintendent Engineer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari District. 4. The Senior Accounts Officer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari 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 an appropriate Writ, Order or Direction, more particularly in the nature of mandamus : (a) declaring the applications dated 30.7.2010 purportedly filed by the Andhra Pradesh Power Co-ordination Committee on behalf of the distribution licences as void and non est, and declaring the further submissions / applications dated 12/13.8.2010 filed by the distribution licensees as also consequently non est and/or otherwise barred by time n - # and/or forfeiture of their claims; and consequently and otherwise declaring the order passed by the 1st Respondent Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of 2012 dated 20.09.2012 as illegal, null and void being contrary to law, without power and jurisdiction and to set aside the same; and/or (b) declaring the orders passed by the 1st Respondent Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of 2012, O.P. Nos. 32 to 35 of 2012, O.P. Nos. 36 to 39 of 2012, O.P. Nos. 40 to 43 of 2012, O.P. Nos. 44 to 47 of 2012, O.P. Nos. 48 to 51 of 2012, O.P. Nos. 52 to 55 of 2012, O.P. Nos. 56 to 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 aside the same; and/or (c) Respondents to forbear from demanding and collecting any amounts towards fuel surcharge adjustment for 2010-2011 and 2011-2012 in pursuance thereof or in directing the said pursuance of the impugned orders of the 1st 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 or adjusted in respect of the same; and (d) granting and directing all consequential relief; lA NO: 1 OF 2012rWPMP 48574 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent distribution hcensee(s) not to demand collect any amounts towards fuel surcharge adjustment for the year 2010- 2011 or 2011-2012 pursuant to any of the impugned orders of the 1st Respondent Commission dated 20.09.2012 or otherwise, and not to disconnect electricity supply or take any coercive step whatsoever for non payment of any such amounts or for adjustment in subsequent bills of payments of such amounts. or - lA NO: 1 OF 2013fWVMP 946 OF 2013 Between: 1. Eastern Power Distribution Company of Andhra Pradesh, Ltd., represented by its Managing Director, Sai Shakti, Opp Saraswati Park, Daba Gardens, Visakhapatnam 530 020. The Superintendent Engineer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari District. The Senior Accounts Officer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari District. 2. 3. ...Petitioners/Respondents AND 1. M/s.Aruna Paper Board Mills Pvt.Ltd.,Off: Suryarao Palem, Undrajavaram Mandal, Tanuku, West Godavari District. Rep. By its Managing Director, Shri V.V. Subba Rao With Service Connection No.ELR-028. ...Respondent/Petitioner Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad, represented by its Chairman. 2. ...Respondent/Respondent 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 vacate the interim orders passed on dated 12-12-2012 In W.P.MP.NO 48574 OF 2012 IN W.P.No. 38306 of 2012. Counsel for the Petitioner: SRI UMAR ABDULLAH Counsel for the Respondents :Ms. A. JYOTHI RATNA, JUNIOR STANDING COUNSEL FOR APSPDCL Counsel for the Respondents : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL - APHC010562882012 WRIT PETITION NO: 38333 OF 2012 Between: M/s. Shanti Castings Ltd., 57 IDA, Thumukunta, Hindupur, Anantapur Dist., Rep. by its Authorised Signatory, Mr.J Madhukumar, s/o.J Aswartha Narayana, aged 33 years, r/o.H No.5-5-204, Lakshmipuram, Hindupur, Anantapur Dist. ...Petitioner AND 1. A.P. Electricity Regulatory Commission, 4‘^ Floor, Singareni Bhavan, Red Hills, Hyderabad rep. by the Secretary. 2. The Central Power Distribution Company, Andhra Pradesh Limited Rep., by its Managing Director, Mint Compound, Hyderabad. 3. Central Power Distribution Company, Andhra Pradesh Limited, Anantapur, Rep., by its Superintendent Engineer (Operations) Anantapur Dist. 4. The Senior Accounts Officer, Andhra Pradesh Limited, Anantapur, Anantapur Dist. ...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: (a) A P E R C (Conduct Business) (Third Amendment) Regulations, 2006 in so far as permitting the 2"^ respondent to recover charges on account of power purchases made by it from other sources, fixed charges, etc., under the head of FSA charges and (b) Condition No.1 of the APERC (Conduct Business) Amendment Regulations No.1/2011 as highly illegal, arbitrary, irrational and contrary to the Article 14, 2-^1 19 and 21 of the Constitution of India and also declare (c) 28, 32, 36 & 40/2012 and OP Nos.44, 48, 55 85 58/2012, dt.20.09.2012 of the tat respondent as illegal, arbitrary, and contrary to the conditions No.6 of APETC (Conduct Business) (3*^^ Amendment) Regulations of 2006 and also violative of Article 14, 19 and 21 of Constitution of India and consequently, set aside the same. order in OP Nos. lA NO: 1 OF 2012(WPMP 48607 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the orders in OP Nos. 28, 32, 36, 40, 44, 48, 55 & 58/2012, dt.20.09.2012 of the 1®‘ respondent pending disposal of the above writ petition Counsel for the Petitioner: SRI K. BHEEMA RAO Counsel for the Respondents : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL APHC010045592012 WRIT PETITION NO: 38567 OF 2012 Between: Devi Sea Foods Ltd., Paravali Road, Tanuku, West Godavari District, rep.by its Manager, V.B.V.Giri Prasad S/o.Govinda Rao, aged.63 years, R/o. Mulaguntapadu Village, Singarayakonda Mandal, Prakasam District. ...Petitioner AND 1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad, represented by its Chairman. 30 - 2. Eastern Power Distribution Company of, Andhra Pradesh Ltd., P &T Colony, Seethammadhara, Visakhapatnam -13 Rep by its Managing Director. 3. The Superintendent Engineer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari District. 4. The Senior Accounts Officer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari District. 5. Government of A P rep by its Principal, Secretary to Govt., Energy Department, A.P. Secretariat, Hyderabad. ...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 an appropriate Writ, order or direction, more particularly in the nature of Mandamus; a) declaring the orders passed by the respondent Andhra Pradesh Electricity Regulatory Commission in O.P.No.29 of 2012, O.P.No. 33 of 2012, O.P.No. 37 of 2012, O.PNo. 41 of 2012, O.P.No.45 of 2012, O.P.No. 49 of 2012, O.P.No. 53 of 2012, O.P.No. 59 of 2012, all dated 20-9-2012 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 aside the same and /or bjdeclaring the newspaper notice dated 24-9-2012 issued by the distribution licensees as illegal and to set aside the same, and directing the said respondents to forbear from demanding and collecting any amounts towards fuel surcharge adjustment for 2010-2011 and 2011-2012 in pursuance thereof or in pursuance of the impugned orders of the 1®* respondent Commission dated 20-9-2012 or otherwise, and to further direct them to forthwith refund and / or adjust in future consumption bills all amounts collected or adjusted in respect - of the same; and c)lssuing the Bill demanding to pay FSA charges inrespect of service connection No.ELR 383; lA NO: 1 OF 2012(WPMP 48915 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents distribution licensee not to demand or collect any amounts towards fuel surcharge adjustment for the year 2010- 2011 or 20112012 pursuant to their newspaper notice 24-9-2012 or pursuant to any of the impugned orders of the 1®* respondent Commission dated 20-9- 2012 or otherwise, and not to disconnect electricity supply take any coercive step whatsoever for non-payment of any such amounts or for adjustment in subsequent bills of payments of such amounts in respect of Service Connection No. No.ELR 383 pending the above writ petition. lA NO: 1 OF 2013rWVMP 929 OF 2013 Between: 1. Eastern Power Distribution Company of, Andhra Pradesh Ltd., P &T Colony, Seethammadhara, Visakhapatnam -13 Rep by its Managing Director. 2. The Superintendent Engineer Operation Circle Eastern Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari District. 3. The Senior Accounts Officer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari District. Power ...Petitioner AND 1. Devi Sea Foods Ltd., Paravali Road, Tanuku, West Godavari District, rep.by its Manager, V.B.V.Giri Prasad S/o.Govinda Rao, aged.63 years, R/o. Mulaguntapadu Village, Singarayakonda Mandal, Prakasam District. ... Respondent/Petitioner Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad, represented by its Chairman. Government of A P rep by its Principal, Secretary to Govt., Energy Department, A.P. Secretariat, Hyderabad. 2. 3. ...Respondents/Respondents 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 vacate the interim orders passed on dated 14-12-2012 in WPMP No. 48915 of 2012 in WP No. 38567 of 2012. Counsel for the Petitioner: SRI M. SAI TEJA FOR SRI MADHAVA RAO NALLURI Counsel for the Respondent Nos.1 to 4 : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) Counsel for the Respondent No.5 : GP FOR ENERGY APHC010637502012 c WRIT PETITION NO: 38998 OF 2012 Between: M/s. Cosy World Resorts Ltd., Rep by its Managing Director, M. Gowtham S/o Gopal Krishna, Age 36 years, Hindu, R/o. D .No.67-15-32, Nagamalli Thota Junction, Kakinada, East Godavari District. ...Petitioner AND 3^ - The Government of Andhra Pradesh, Represented by its Principal Secretary, Energy Department, Secretariat, Saifabad, Hyderabad The Secretary, The AP Electricity Regulatory Commission (APERC), Singareni Bhavan, Red Hills, Hyderabad. Andhra Pradesh Eastern Power Distribution Company Ltd, Represented by its Chairman and Managing Director, Corporateoffice, near Gurudwara, Seethammadhara, Postal Colony, Visakhapatnam (PO). The Superintending Engineer, APEPDCL, Vidyut Sakha Bhavan, Godavari Bund, Rajahmundry, East Godavari District. The Senior Accounts Officer, 0/o.The Superintending Engineer, APEPDCL, Vidyut Sakha Bhavan, Godavari Bund, Rajahmundry, East Godavari District. 1. 2. 3. 4. 5. ...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 an appropriate Order, Writ or Direction more particularly one in the nature of Writ of Mandamus by declaring that the FSA orders passed by 2"^^ respondent on 20-9-2012 for the financial years 2010-11 and 2011-12 as published in news paper dt 24.09.2012 and the collection schedule of FSA circulated by the 4*'' and 5^^ respondents for including FSA amounts for FY 2010-11, 2011-12 for November 2012, including the amount in CC bills for November 2012 demanding the same for its payment under the threat of disconnecting power supply to the industrial units of the petitioner as, illegal, unjust, arbitrary, discriminatory, violative of Articles 14, 19{g) of Constitution of India, contrary to the provisions of the Electricity Act 2003, more particularly in gross violation of Section 64 proviso there to, and thus to set aside the same in the interest of justice. # lA NO: 1 OF 2012(WPI\/IP49477 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of FSA orders dt 20-9-2012 towards F-Y 2010-11 & 2011-12, together with collection schedule of FSA circulated by the 2'^ respondent since the 5**^ respondent is threatening disconnection of power supply of the petitioners service connections till the final disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioner: M/s. BS KARTIK & PRASAD ESR Counsel for the Respondent No.1 : GP FOR ENERGY Counsel for the Respondent Nos.2 to 5 : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) APHC010297162012 WRIT PETITION NO: 39154 OF 2012 Between: 1. M/s.Bhimas Residency Hotels Ltd., (Consumer No.TPT 226), A company incorporated Under Companies Act, 1956 having its Registered Office at 34-38, G.Car Street, Tirupathi, Chittoor District Represented by its Director K. R.Venkatachalam. M/s. Bhimas Hotels Limited, (Consumer No.TPT022 stands in the name Hotel Bhimas), A Company incorporated Under Companies Act, 1956 having its Registered Office at Office at 34-38, G.Car Street, Tirupathi, Chittoor District Represented by its Director K. R.Venkatachalam . 2. ...Petitioners AND Andhra Pradesh Electricity Regulatory Commission, 4**^ & 5 Singareni Bhavan, Red Hills, Hyderabad, Represented by its Secretary. 1. Floor, - 2. Southern Power Distribution Company of Andhra Pradesh Ltd, having its Corporate office at Door No. 19-65/A, Sreenivasapuram, Tiruchanoor Road, Tirupathi, Chittoor District, Andhra Pradesh. Represented by its Chairman and Managing Director. 3. The Superintendent Engineer, Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd, Chittoor District, Having its office at Bhavani Nagar, Tirupathi, Chittor District, Andhra Pradesh 4. The Senior Accounts Officer, Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd, Chittoor District, Having its office at Bhavani Nagar, Tirupathi, Chittoor District, Andhra Pradesh ...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, order or Direction, more particularly, one in the nature of Writ of Mandamus declaring the orders issued by 1®* respondent Regulatory commission's orders dated 20-09-2012 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 1st 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 the provisions of Andhra Pradesh Electricity Reform Act, 1998 and Electricity Act, 2003, besides violating petitioners rights guaranteed under Art.14, 19(1) (g) and 300A of Constitution of India and set aside the same. lA NO: 1 OF 2012(WPMP 49718 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay the collection of FSA charges by the Respondent No.2 and Its authorities, representatives, subordinates and agents for all quarters of FY 3i - 2010-11 & 2011-12 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 dated 2-11-2012 in O.P. No. 64 to 67 of 2012 for 1 2012-12 made by the Respondent No.1 Commission, from the petitioners. Counsel for the Petitioners: SRI DHULIPALLA V. A. S. Counsel for the Respondents : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) and Common order quarter of Financial Year RAVI PRASAD APHC010457232012 0 WRIT PETITION NO: 39173 OF 2012 Between: 1. M/s.Krishna Sai Granites Indian Pvt. Ltd., (ONG325) S.N.Padu Village & Mandal, Prakasam District., Rep.by its Managing Director, Sidda Hanumantha Rao S/o. Venkata Rao, 2. M/s.Krishna Sai Granites, (ONG237), S.N.Padu Village & Mandal, Prakasam District., Rep.by its Managing Partner, Sidda Hanumantha Rao S/o. Venkata Rao, 3. M/s.Krishna Sai Granites, (ONG311), S.N.Padu Village & Mandal, Prakasam District., Rep.by its Managing Partner, Sidda Hanumantha Rao S/o. Venkata Rao, 4. M/s.Manikanta Minerals, (ONG300), Chimakurthy Village & Mandal, Prakasam District., Rep.by its Managing Partner Sidda Venkatewara Rao S/o. Venkata Rao, 5. M/s.Manikanta Minerals, (ONG310), R.L.Puram Village, Chimakurthy Mandal, Prakasam District., rep.by its Managing Partner Sidda Venkatewara Rao S/o. Venkata Rao, ...Petitioners AND 1. The Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad, represented by its Chairman. 2. Southern Power Distribution Company of Andhra Pradesh, Ltd., Srinivasapuram, Tiruchanoor Road, Tirupati., Represented by its Managing Director. 3. The Superintendent Engineer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd., Ongole, Prakasam District. 4. The Senior Accounts Officer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd., Ongole. 5. Government of A P rep by its Principal Secretary, to Govt., Energy Department, A.P. Secretariat, Hyderabad. ...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 an appropriate Writ, order or direction, more particularly in the nature of Mandamus; a) declaring the orders passed by the 1®' respondent Andhra Pradesh Electricity Regulatory Commission in O.P.No. 31 of 2012, O.P.No. 35 of 2012, O.P.No.39 of 2012, O.No. 43 of 2012, O.P.No.47 of 2012, O.P.No.50 of 2012, O.P.No. 52 of 2012, O.P.No. 56 of 2012, all dated 20-9- 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 aside the same; and /or. b) declaring the newspaper notice dated 24-9-2012 issued by the distribution licensees as illegal and to set aside the same, and directing the said respondents to forbear from demanding and collecting any amounts towards fuel surcharge adjustment for 2010-2011 and 2011-2012 in pursuance thereof or in pursuance of the respondent Commission dated 20-9-2012 or impugned orders of the 1 otherwise, and to further direct them to forthwith refund and / or adjust in 3^- future consumption bills all amounts collected or adjusted in respect of the same. lA NO: 1 OF 2012fWPMP 49740 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased direct the respondents distribution licensee not to demand or collect any amounts towards fuel surcharge adjustment for the year 2010-2011 2011- 2012 pursuant to their newspaper notice 24-92012 or pursuant to any of the impugned orders of the 1®* respondent Commission dated 20-9-2012 otherwise, and not to disconnect electricity supply take any coercive step whatsoever for non-payment of any such amounts or for adjustment in subsequent bills of payments of such amounts pending the above writ petition. or or Counsel for the Petitioners: SRI M. SAI TEJA FOR SRI MADHAVA RAO NALLURI Counsel for the Respondent Nos.1 to 4 : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) Counsel for the Respondent No.5 : GP FOR ENERGY APHC010678452012 WRIT PETITION NO: 39330 OF 2012 Between: Sri Durga Manikyamba Rice Mill, Represented by its Proprietor, A. Hah Rama Krishna, Sultana Nagaram, Machilipatnam, Krishna District. ...Petitioner AND 1. A.P. Electricity Regulatory Commission, Represented by its Secretary, Red Hills, Hyderabad. 2. Southern Power Distribution Company of, A.P. Limited represented by its Chairman & Managing Director, Vijayawada, Krishna District. 3. The Superintending Engineer Operation Circle, Southern Power Distribution Company of A.P. Limited, Vijayawada, Krishna District. 4. The Senior Accounts Officer, Southern Power Distribution Company of A.P. Limited, Vijayawada, Krishna 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 an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the orders of the 1®‘ respondent dt.20.09.2012 determining the Fuel Surcharge Adjustment for the four quarters of 2010-2011 and four quarters of 2011-2012 as illegal, arbitrary, unjust, irrational, unauthorized and Articles 14 and 19 of Constitution of India and consequently set aside the same. lA NO: 1 OF 2012fWPMP 49945 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 to 4 herein not to demand or collect any amount towards the Fuel Surcharge Adjustment (FSA) for the years 2010- 2011 or 2011-2012 pursuant to orders of the 1®* Respondent Commission dated 20.09.2012 and not to disconnect electricity supply for nonpayment of any such amounts in so far as the Service Connection No. VJA 1021 of the Petitioner Rice Mill is concerned, pending disposal of the above writ petition. Counsel for the Petitioners: SRI A. VEERASWAMY Counsel for the Respondents : Ms. AISWARYA CHOWDARY FOR SRI V. V. SATISH (SC for APEPDCL) The Court made the following Common order: THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOs: 37440, 37557. 37648, 37713, 37899. 38044, 38167 38306, 38333. 38567, 38998. 39154, 39173 and 39330 of 2012 The Court made the following ORAL COMMON ORDER: Heard Sri P. Narasimha Rao, Ld. Counsel for the Writ Petitioners (in W.P.No.37440 of 2012), Sri M. Sai Teja, learned Counsel appearing on behalf of Sri Madahava Rao Nalluri, Ld. Counsel for the Writ Petitioners (in W.P.Nos. 38567 and 39173 of 2012), Sri Umar Abdullah, Ld. Counsel for the Writ Petitioners in (W.P.Nos. 38306, 37899, 38044 and 38167 of 2012), Ms. A. Jyothi Ratna, learned Junior Standing Counsel for APSPDCL and Ms. Aiswarya Chowdary, Ld. Counsel appearing on behalf of Sri V.V.Satish, Ld. Counsel for the Respondents. 2. Ms. A. Jyothi Ratna, learned Junior Standing Counsel for APSPDCL 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 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 (Civil Appeal No.5542 of 2016 and batch) 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 2 shall not be enforced on any of the consumers of the four DISCOMs, till disposal of the SLPs pending before Supreme Court. (2) The enforceability or othervdse 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.” the 4. Learned Counsel for both sides have no objection for the disposal of present batch of Writ Petitions 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, this batch of Writ Petitions is disposed of in terms of the above extract in W.P.No.34450 of 2012 dated 09.12.2024. Order as to Costs. No 6. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government. Energy Department, Government of Andhra Pradesh, Amaravati, Guntur District. 2. The Secretary, The AP Electricity Regulatory Commission (APERC) Kurnool. 3. The Chairman & Managing Director, A P Eastern Power Distribution Ltd, APEPDCL, Corporate office, near Gurudwara, Seethammadhara, Postal colony, Visakhapatnam(PO) AP Secretariat, Velagapudi, CO 4. The Superintending Engineer, APEPDCL, Vidyut sakha bhavan, Godavari bund, Rajahmundry-1. 5. The Senior Accounts Officer, O/o. The Superintending Engineer, APEPDCL, Vidyutsakha Bhavan, Godavari bund, Rajahmundry-1. 6. The Senior Accounts Officer Operation, Southern Power Distribution Company of AP Ltd, Ongole, Prakasam District. 7. The Senior Accounts Officer Operation, Southern Power Distribution Company of AP Ltd, Nellore, Nellore District. 8. The Assistants Accounts Officer, Distribution Company of AP Ltd, Kandukur, Prakasam (Dt) 9. Senior Accounts Officer Operation, Southern Power Distribution Company of AP Ltd, Guntur, Guntur (Dt) 10.The Senior Accounts Officer Operation, Southern Power Distribution Company of AP Ltd, Nellore , Nellore District. 11.The Senior Accounts Officer Operation, Southern Power Distribution Company of AP Ltd, Tirupathi Chitoor District. 12.The Assistants Accounts Officer E R O Office, Southern Power Distribution Company of AP Ltd, Tenali, Guntur (Dt) 13.The Assistants Accounts Officer E R O Office, Southern Power Distribution Company of AP Ltd, Ponnuru, Guntur (Dt) 14.The Assistants Accounts Officer E R O Office, Southern Power Distribution Company of AP Ltd, Repalli ,Guntur (Dt) 15. The Managing Director, Eastern Power Distribution Company of Andhra Pradesh Ltd., Dabagardens, Visakhapatnam-530 020. le.The Superintendent Engineer, Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd, Eluru, W.G. District. 17.The Senior Accounts Officer, Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd, Eluru, W.G. District. 18.The Managing Director, Southern Power Distribution Company of Andhra Pradesh, Ltd., Upstairs, Hero Honda Showroom, Renigunta Road, Tirupati 517 501. E.R.O.Office Southern Power 19.The Superintendent Engineer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd, Chittoor, Chittoor District. 20.The Senior Accounts Officer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd, Chittoor, Chittoor District. 21.The Managing Director, Eastern Power Distribution Company of Andhra Pradesh Ltd, Sai Shakti, Opp Saraswati Park, Daba Gardens, Visakhapatnam 530 020. 22.The Superintendent Engineer Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam District. 23.The Senior Accounts Officer Operation Circle, Eastern Power Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam District. 24. The Managing Director, Eastern Power Distribution Company of Andhra Pradesh, Ltd., Sai Shakti, Opp Saraswati Park, Daba Gardens, Visakhapatnam 530 020. 25.The Superintendent Engineer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari District. 26.The Senior Accounts Officer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari District. 27.The Managing Director, Central Power Distribution Company, Andhra Pradesh Limited, Vijayawada. 28.The Superintendent Engineer (Operation Central Power Distribution Company, Andhra Pradesh Limited, Anantapur, Anantapur Dist. 29.The Senior Accounts Officer, Andhra Pradesh Limited, Anantapur, Anantapur Dist. 30.The Managing Director Eastern Power Distribution Company of, Andhra Pradesh Ltd., P &T Colony, Seethammadhara, Visakhapatnam - 31.The Superintendent Engineer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari District. 32.The Senior Accounts Officer Operation Circle Eastern, Power Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari District. 33. The Chairman and Managing Director, Andhra Pradesh Eastern Power Distribution Company Ltd, Represented by its , Corporate office, near Gurudwara, Seethammadhara, Postal Colony, Visakhapatnam (PO). 34.The Superintending Engineer, APEPDCL, Vidyut Sakha Bhavan, Godavari Bund, Rajahmundry, East Godavari District. 35.The Senior Accounts Officer, O/o.The Superintending Engineer, APEPDCL, Vidyut Sakha Bhavan, Godavari Bund, Rajahmundry, East Godavari District. 36.The Managing Director Southern Power Distribution Company of Andhra Pradesh, Ltd., Srinivasapuram, Tiruchanoor Road, Tirupati. 37.The Superintendent Engineer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd., Ongole, Prakasam District. 38.The Senior Accounts Officer Operation Circle, Southern Power Distribution Company of Andhra Pradesh Ltd., Ongole. 39.The Chairman & Managing Director, Southern Power Distribution Company of, A.P. Limited, Vijayawada, Krishna District. 40.The Superintending Engineer Operation Circle, Southern Power Distribution Company of A.P. Limited, Vijayawada, Krishna District. 41.The Senior Accounts Officer, Southern Power Distribution Company of A.P. Limited, Vijayawada, Krishna District. 42.One CC to Sri P. Narasimha Rao, Advocate [OPUC] 43.One CC to Sri K.V. Upendra Gupta, Advocate [OPUC] 44.One CC to Sri Umar Abdullah, Advocate [OPUC] 45.One CC to Sri K. Bheema Rao, Advocate [OPUC] 46.0ne CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 47.0ne CC to M/s. BS Kartik/Prasad ESR, Advocate [OPUC] 48.0ne CC to Sri Dhulipalla V.A.S. Ravi Prasad, Advocate [OPUC] 49.One CC to Sri A. Veeraswamy, Advocate [OPUC] SO.One CC to Sri V. V. Satish, (SC for APEPDCL) [OPUC] 51 .One CC to Ms. A. Jyothi Ratna, (SC for APSPDCL) [OPUC] 52.TWO CCs to GP for Energy, High Court of Andhra Pradesh. (OUT) 53.TWO CD Copies Cnr HIGH COURT CNR DATED:22/07/2025 COMMON ORDER WP. Nos: 37440, 37557, 37648, 37713, 37899, 38044, 38167, 38306, 38333, 38567, 38998, 39154, 39173 and 39330 of 2012 0 s *r3 OT Current Section eo. DISPOSING OF THE W.Ps WITHOUT COSTS