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2025 DAILYLAW 43864 (AP)

The Chittoor Cooperative Sugars Limited, v. The Andhra Pradesh Electricity Regulatory Commission,

WP/4492/2013 · 2025-07-10

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010608352013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 05 FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4492 OF 2013 Between: The Chittoor Cooperative Sugars Limited, Chittoor, Chittoor District, Rep. by its General Accountant Incharge. ...Petitioner AND 1. The Andhra Pradesh Electricity Regulatory Commission, Rep. by its Secretary, A.P. Singareni Bhavan, Red Hills, Hyderabad. 2. The Southern Power Distribution Company of A P Ltd Chairman and Managing Director, Hyderabad 3. The Superintending Engineer Operation Circle, The Southern Power Distribution Company of A.P. Ltd., Tirupati, Chittoor District. 4. The Senior Accounts Officer Operation Circle, The Southern Power Distribution Company of A.P. Ltd., Tirupati, Chittoor District. rep. by its ...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 Writ of Mandamus declaring the action of the exacting/extorting the money illegally from the Petitioner electricity, in the name of levying and collecting FSA charges retrospectively one respondents in consumer of for the electricity consumed, for which consumption charges were already paid in April, 2010 vide order in O.P.No.64 to 67 of 2012, dated 0211-2012 issued by the ISt respondent, as illegal, unjust, arbitrary, irrational and violative of fundamental rights guaranteed under Articles 14,19,21 and 300-A of the Constitution of India and violative of principles of natural justice and consequently set aside the order in O.P.No.64 to 67 of 2012, dated 02-11- 2012 issued by the 1®* respondent lA NO: 1 OF 2013(WPMP 5613 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 FSA charges for the month of April, 2010 from the Petitioner company pursuant to the demand raised by the rd respondent dated 26-10-2012 basing on the order dated 02-11-2012 passed by the 1®* respondent commission, pending disposal of the above Writ Petition; Counsel for the Petitioner: SRI T BALAJI Counsel for the Respondents: — The Court made the following order: APHC010608352013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4492/2013 Between: 1.THE CHITTOOR COOPERATIVE SUGARS LIMITED,, CHITTOOR, CHITTOOR DISTRICT, REP. BY ITS GENERAL ACCOUNTANT INCHARGE. ...PETITIONER AND 1.THE ANDHRA COMMISSION BHAVAN, RED HILLS, HYDERABAD. PRADESH ELECTRICITY REGULATORY REP. BY ITS SECRETARY, A.P. SINGARENI 2.THE SOUTHERN POWER DISTRIBUTION COMPANY OF A P LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, HYDERABAD 3.THE SUPERINTENDING ENGINEER OPERATION CIRCLE THE SOUTHERN POWER DISTRIBUTION COMPANY OF A P ’ LTD TIRUPATI, CHITTOOR DISTRICT. 4.THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE THE SOUTHERN POWER DISTRIBUTION COMPANY OF A P ’ LTD TIRUPATI, CHITTOOR DISTRICT. ...RESPONDENT{S): 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 one in the nature of Writ of Mandamus declaring the action of the respondents in exacting/extorting the money illegally from the Petitioner, consumer of electricity, in the name of levying and collecting FSA charges retrospectively for the electricity consumed, for which consumption charges were already paid in April, 2010 vide order in O.P.No.64 to 67 of 2012, dated 0211-2012 issued \ by the 1St respondent, as illegal, unjust, arbitrary, irrational and violative of fundamental rights guaranteed under Articles 14,19,21 and 300-A of the Constitution of India and violative of principles of natural justice and consequently set aside the order in O.P.No.64 to 67 of 2012, dated 02-11- 2012 issued by the 1st respondent; lA NO: 1 OF 2013(WPMP 5613 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 FSA charges for the month of April, 2010 from the Petitioner company pursuant to the demand raised by the rd respondent dated 26-10-2012 basing on the order dated 02-11-2012 passed by the 1st respondent commission, pending disposal of the above Writ Petition; Counsel for the Petitioner: 1.T BALAJI Counsel for the Respondent(S): 1. The Court made the following order: Today, when the matter is taken up for consideration, Sri T. Balaji, learned counsel for the petitioner submits that no further adjudication is required in this Writ Petition, in view of the interim orders passed by this Court in W.P.M.P.No.5613 of 2013, on 14.02.2013. Recording the said submission, the Writ Petition is closed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. One CC to SRI T BALAJI Advocate [OPUC] 2. Two CD Copies gsg HIGH COURT DATED: 11/07/2025 ORDER WP NO. 4492 OF 2013 CLOSING THE WP WITHOUT COSTS L