APHC010718062012 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT Between: 1. BOLLINENI RAMANAIAH MEMORIAL HOSPITALS PVT.LTD.,, REP., BY ITS MANAGING DIRECTOR, MR.BOLLINENI BHASKAR RAO DARGAMITTA, NELLORE, NELLORE DISTRICT ITS REGISTERED OFFICE AT ROAD NO.13A, HAPPY VALLEY, BANJARAHILLS, HYDERABAD. 1. A P ELECTRICITY REGULATORY COMMISSION, REP. BY ITS SECRETARY, 11-4-660, 4 FLOOR, SINGARENI BHAVAN, RED HILLS, HYDERABAD. 2. THE SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS CHAIRMAN & TIRUPATHI, CHITTOOR DISTRICT. 3. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED, NELLORE, NELLORE DISTRICT. 4. THE SENIOR ACCOUNTS OFFICER, OPERATION CIRCLE, SOUTHERN POWER DISTR NELLORE, NELLORE DISTRICT. Counsel for the Petitioner: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) , THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 38178/2012 BOLLINENI RAMANAIAH MEMORIAL HOSPITALS PVT.LTD.,, REP., BY ITS MANAGING DIRECTOR, MR.BOLLINENI BHASKAR RAO DARGAMITTA, NELLORE, NELLORE DISTRICT- 524003, HAVING ITS REGISTERED OFFICE AT ROAD NO.13A, HAPPY VALLEY, AHILLS, HYDERABAD. ...PETITIONER AND A P ELECTRICITY REGULATORY COMMISSION, REP. BY ITS 660, 4 FLOOR, SINGARENI BHAVAN, RED HILLS, THE SOUTHERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, TIRUPATHI, CHITTOOR DISTRICT. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED, NELLORE, NELLORE DISTRICT. THE SENIOR ACCOUNTS OFFICER, OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED, NELLORE, NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: IN THE HIGH COURT OF ANDHRA PRADESH [3328] THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA BOLLINENI RAMANAIAH MEMORIAL HOSPITALS PVT.LTD.,, REP., BY ITS MANAGING DIRECTOR, MR.BOLLINENI BHASKAR RAO 524003, HAVING ITS REGISTERED OFFICE AT ROAD NO.13A, HAPPY VALLEY, ...PETITIONER A P ELECTRICITY REGULATORY COMMISSION, REP. BY ITS 660, 4 FLOOR, SINGARENI BHAVAN, RED HILLS, THE SOUTHERN POWER DISTRIBUTION COMPANY OF A P MANAGING DIRECTOR, THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED, THE SENIOR ACCOUNTS OFFICER, OPERATION CIRCLE, IBUTION COMPANY OF A.P. LIMITED, ...RESPONDENT(S): 1. SRICHARAN TELAPROLU Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL The Court made the following : ORAL ORDER: Heard Sri Sricharan Telaprolu, learned Counsel for the Writ Petitioner and Ms. A. Jyothi Ratna, learned Junior Standing Counsel for APSPDCL. 2. Ms. A. Jyothi Ratna, learned Junior Standing Counsel for APSPDCL 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 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 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 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: 13.08.2025 DSV 64 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 38178/2012 13.08.2025 DSV HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 38178/2012 PROCEEDING SHEET Sl. No DATE ORDER Office Note 03. 13.08.2025 GRKP, J Writ Petition is disposed of. (vide separate order) ___________ GRKP, J DSV