APHC010757782012 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: 38704/2012 Between: 1. M/S SRI SUDHA INDUSTRIES & 28 OT, GUNTUR ROAD, PIDUGURALLA, GUNTUR DT REP.BY ITS PARTNER K.V.SUBBA RAO S/O VENKAIAH AGED 65YEARS. 2. M/S. SRI CHANDRA INDUSTRIES (06018), PIDUGURALLA REP.BY ITS MANAGER K.RAMSH BABU S/O K.V.SUBBA RAO AGED 30YEARS.. 3. M/S. VENKATA KRISHNA CHEMICALS (GNT 1211), PIDUGURALLA REP.BY ITS M.G.PARTNER J.M.CHANDRA MOHAN RAO S/O KOTESHWAR RAO AGED 40 YEARS. 4. M/S. VENKATA KRISHNA INDUSTRIES (08141), PIDUGURALLA REP.BY ITS M:G.PARTNER J.V.K.PULLA RAO S/O KOTESHWAR RAO 'AGED 47 YEARS 5. M/S. SHANKAR CHEMICAL INDUSTRIES (03366), PIDUGURALLA REP.BY ITS M.G.PARTNER P.SUBRAMANYAM S/O SUBBA RAO AGED 45 YEARS 6. M/S. VENKATA SHIVA INDUSTRIES (GNT 1259), PIDUGURALLA REP.BY ITS M.G.PARTNER P.VENKATA LAXMI S/O SUBRAMANYAM AGED 45 YEARS 7. M/S.DINESH INDUSTRIES (GNT 1201), PIDUGURALLA REP.BY ITS PROP V.AMARALINGESHWAR RAO S/O MALLIKARJUN RAO AGED 38 YEARS 8. M/S. B. S.PULVERISERS (10637), PIDUGURALLA, REP.BY ITS 2 PROP B.ELLA RAO S/O SATYANARAYANA AGED 54 YEARS 9. M/S. SRI BALAJI CHEMICAL INDUSTRIES (06744), PIDUGURALLA, REP.BY ITS PARTNER B.NARASIMHA RAO S/O SATYANARAYANA AGED 56 YEARS 10. M/S. SRI LAXMI MINERAL INDUSTRIES (05369), PIDUGURALLA REP.BY ITS PROP S.V.SRINIVASA RAO S/O SATYANARAYANA AGED 45 YEARS 11. M/S. NATIONAL CHEMICALS (01753), PIDUGURALLA, REP.BY ITS PROP B.EILA RAO S/O SATYANARAYANA AGED 54 YEARS 12. M/S. BALAJI PULVRISERS (GNT 1049), PIDUGURALLA, REP.BY ITS PARTNER B.NARASIMHA RAO S/O SATYANARAYANA AGED 56 YEARS 13. M/S. GOWRI SHANKAR INDUSTRIES (GNT 1305), PIDUGURALLA, REP.BY ITS M.G.PARTNER A.LAKSHMI NARAYANA MURTHY S/O GURU BHRAHMAM AGED 53 YEARS 14. M/S. VIJAYA DURGA SEVA SANGHAM (GNT 1266), PIDUGURALLA, REP.BY ITS SECRETARY A.VENKATA LAXRRII W/O RAMBABU.AGED 38 YEARS 15. M/S. LAKSHMI SARVANI INDUSTRIES (GNT 1236), PIDUGURALLA, REP.BY ITS M.G.PARTNER K.VENKATESHWARLU S/O SHESHAIAH AGED 72 YEARS 16. M/S. SATYA KALA AGRO OIL PRODUCTS LTD (VJA 545), GANGOOR VIJAYAWADA KRISHAN DT., REP.BY ITS M.G.DIECTOR D.SAI PRASAD S/O RAMA RAO AGED 42 YEARS 17. M/S. KANAKA DURGA AGRO OIL PRODUCTS PVT LTD (VJA 115), GANGOOR,REP.BY ITS M.G.DIRECTOR D.V.BHAVANI PRASAD S/O VEERA RAGHAVAIAH AGED 50 YEARS 18. M/S. DHANIKULA VENKATA SUBBAIAH CHARETABLE TRUST, (VJA 668) KANURU,REP.BY ITS CHAIRMAN D.RAVINDRANATH TAGORE S/O VENKATA SUBAIAH AGED 72 YEARS 19. M/S. RAVINDRA SOLVENT OIL PVT LTD (VIA O77), VIJAYAWADA,REP.BY ITS M.G.DIRECTOR D.NAGENDRA BABU S/O VENKATA SUBBAIAH AGED 55 YEARS 3 20. M/S. SOUTHERN SPICE HOTEL (55795), VIJAYAWADA, REP.BY ITS PARTNER M.DAYAKARS/O.BABU RAO AGED 38 YRS 21. M/S. SOUTHERN SPICE HOTEL (50859), VIJAYAWADA ,REP.BY ITS PARTNER M.DAYAKARS/O.BABU RAO AGED 38 YRS 22. M/S. SOUTHERN SPICE HOTEL (20529), VIJAYAWADA ,REP.BY ITS PARTNER M.DAYAKAR S/O.BABU RAO AGED 38 YRS 23. M/S. SOUTHERN SPICE HOTEL (19639), VIJAYAWADA ,REP.BY ITS PARTNER M.DAYAKARS/O.BABU RAO AGED 38 YRS 24. M/S. PRESTAGE REST HOUSE(02961), VIJAYAWADA ,REP.BY ITS PROP G.V.K.DURGA RAO NAIDU S/O.G.VENKATESWARA RAO AGED 68 YRS 25. M/S. MILLAPS HOTEL(55837), VIJAYAWADA,REP.BY ITS PROP RAJKUMAR MAHAJAN S/O VIJAYA KUMAR MAHAJAN AGED 40 YEARS 26. M/S. KANAKA DURGA BAR & RESTARENT (07191), VIJAYAWADA,REP.BY ITS PROP R.VENKATESHWARA SWAMY S/O NAGESHWAR RAO AGED 51 YEARS 27. M/S. KANAKA DURGA BAR & RESTARENT (25849), VIJAYAWADA,REP.BY ITS PROP R.VENKATESHWARA SWAMY S/O NAGESHWAR RAO AGED 51 YEARS 28. M/S.TARANI HOTEL (01844), VIJAYAWADA,REP.BY ITS PROP J.CHANDANA REDDY S/O PARAKALAIAH AGED 62 YEARS 29. M/S.SRI SRINIVASA RAW & BOILED. RICE MILL (ONG351), VELLAMPALLI,PRAKASAM DT REP.BY ITS PARTNER A.SRINVASA RAO S/O SHEESHAGIRI RAO AGED 42-YEARS ...PETITIONER(S) AND 1. CHAIRMAN A P E R C HYD 5 OT, SINGARENI BHAVAN,RED HILLS,HDERABAD, REP BY ITS CHAIRMAN. 2. THE SENIOR ACCOUNTS OFFICER OPERATION, SOUTHERN POWER DISTRIBUTION COMPANY OF.AP LTD, GUNTUR,GUNTUR DT 4 3. THE SENIOR ACCOUNTS OFFICER OPERATION, SOUTHERN POWER DISTRIBUTION COMPANY OF AP LTD, VIJAYAWADA ,KRISHNA DT 4. THE SENIOR ACCOUNTS OFFICER OPERATION, SOUTHERN POWER DISTRIBUTION COMPANY OF AP LTD, ONGOLE, PRAKSAM DT 5. THE ASSISTANTS ACCOUNTS OFFICER E R O OFFICE, SOUTHERN POWER DISTRIBUTION COMPANY OF AP LTD, PIDUGURALLA,GUNTUR (DT) 6. THE ASSISTANTS ACCOUNTS OFFICER E R O OFFICE, SOUTHERNPOWER DISTRIBUTION COMPANY OF AP LTD, VIAJYAWADA,KRISHNA (DT) ...RESPONDENT(S): Counsel for the Petitioner(S): 1. K V UPENDRA GUPTA Counsel for the Respondent(S): 1. SRINIVASA RAO PUTLURI 2. 3. P VINOD KUMAR V V SATISH (SC for APSPDCL) The Court made the following: ORAL ORDER: Heard Sri K.V. Upendra Gupta, learned Counsel appearing for the Writ Petitioners and Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel representing Sri V.V. Satish, learned Standing Counsel for APSPDCL. 2. Ms. Kothapalli Aishwarya Chowdhary, 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 5 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 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 6. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 28.07.2025 DSV 7 146 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 38704/2012 28.07.2025 DSV 8 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 38704/2012 PROCEEDING SHEET Sl. No DATE ORDER Office Note 03. 28.07.2025 GRKP, J Writ Petition is disposed of. (vide separate order) ___________ GRKP, J DSV 9