'i I h APHC010344342013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5697 OF 2013 Between: M/s. Andhra Pradesh Fibres Limited, 9-1-248, 2nd Floor,C.B.M.Com pound, Ramatalkies Road, Visakhapatnam Rep. by its Chief Manager (Admn), Mr. Vemula Purnachandra Rao With Service Connection No. VZM- 069 ...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 Power, Distribution Company of Andhra Pradesh Ltd, Vizianagaram Vizianagaram District. 4. The Senior Accounts Officer Operation Circle, Power Distribution Company of Andhra Pradesh Ltd, Vizianagaram Vizianagaram 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 : / T 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 |is 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 (a) 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 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 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 granting and directing all consequential relief; (b) (c) (d) lA NO: 1 OF 2013(WPMP 7088 OF 2013 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 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; pending disposal of the above writ petition. Counsel for the Petitioner: SRI S.V.S.S.SIVA RAM Counsel for the Respondent No.1: SRI SRINIVAS Counsel for the Respondent No. 2 to 4: M/s. ISWARYA The Court made the following order: APHC010344342013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MM FRIDAY. THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5697/2013 Between: 1.M/S, ANDHRA PRADESH FIBRES LIMITED FLOOR,C.B.M.COMPOUND, VISAKHAPATNAM REP. BY ITS CHIEF MANAGER (ADMN), MR. VEMULA PURNACHANDRA RAO WITH SERVICE CONNECTION NO. VZM- 069 9-1-248. 2ND RAMATALKIES ROAD, ...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 VISAKHAPATNAM 530 020 OPP SARASWATI PARK. DABA GARDENS 3.THE SUPERINTENDENT ENGINEER OPERATION CIRCLE POWER, ANDHRA PRADESH LTD, DISTRIBUTION COMPANY OF VIZIANAGARAM VIZIANAGARAM DISTRICT. 4.THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE DISTRIBUTION COMPANY OF ANDHRA VIZIANAGARAM VIZIANAGARAM DISTRICT POWER PRADESH LTD, ...RESPONDENT(S): -- .>• SRS,J W.P.No.5697of2013 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 toissue an appropriate Writ, Order or Direction, more particularly in the nature of mandamus ; (a) declaring the applications 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, etermining the fuel surcharge adjustment for the four quarters of 20102011 and the four quarters of 2011-2012, as being illegal, null and void being V!o,at!ve of the principles of natural justice, arbitraiy, inalionai, 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 1st Respondent Commission dated 20.09.2012 dated 30.7.2010 or otherwise, and to further direct them to forthwith refund and/or adjust in future consumption bills all amounts collected respect of the same; and (d) or adjusted in granting and directing all consequential relief and / or pass such further or other orders as this Hon'ble Court deem fit and proper so that justice may be done. (e) may lA NO: 1 OF 2013(WPMP 7088 OF 2013 Petition under Section 151 CPC in the affidavit filed i ' praying that in the circumstances stated of the petition, the High Court may be pleased to direct e Respondent distribution licensee(s) not demand or collect any amounts towards el surcharge adjustment for the year 2010011 or 2011-2012 pursuant to any of the pugned orders of the 1st Respondent 20.09.2012 or otherwise, d not to disconnect coercive step whatsoever for nonyment of any such ommission dated electricity supply or e any amounts or for justment 4^ 3 SRS,J W.P.NO.S697 of2013 bsequent bills of payments f such amounts; pending disposal of the bove writ petition and to pass such other der or orders as this Hon'ble Court may ems fit just and proper in the rcumstances of the case. Counsel for the Petitioner: su 1.S.V.S.S.SIVA RAM Counsel for the Respondent(S): 1. 2.METTA CHENDRA SEKHAR RAO The Court made the following order: Heard Sri Umar Abdullah, learned counsel representing Sri S.V.S.S. Siva Ram, learned counsel for the petitioner, Sri Srinivas, learned counsel appearing for the respondent and Ms. Iswarya, learned counsel appearing for respondents 2 to 4. The above Writ Petition has been filed seeking the following 2. relief; “... to issue an appropriate Writ Order or Direction more particularly in the nature of mandamus a declaring the applications dated 30.07.2010 purportedly filed by the Andhra Pradesh Power Coordination Committee on behalf of the distribution licences as void and non est, and declaring the further submissions / applications dated 12/13.08.2010 filed by the distribution licensees as also conseguently 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 C.P.Nos.28 to 31 of 2012 dated 20.09.2012 as SRS,J W.P.No.5697 of 2013 illegal, null and void being contrary to law, without jurisdiction and to set aside the same; and/or power and b) declaring the orders passed by the 1st Respondent Commission in Andhra Pradesh Electricity Regulatory O.P.Nos.28 to 31 of 2012, O.P.Nos.32 O.P.Nos.36 to 39 of 2012, to 35 of 2012 O.P.Nos.40 to 43 of 2012, O.PNos.44 to 47 of 2012, O.PNos.48 to 51 of 2012 O.PNos.52 to 55 of 2012, O.PNos.56 to 59 of 2012, all dated 20.09.2012, determining the fuel surcharge adjustment for four guarters of 2010-2011 and the four guarters of 2011-2012 as being illegal, null and void being violative of the principles 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 the of 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 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; e) and / or pass such further or other orders” 3. The Writ Petition was admitted on 26.02.2013 and order was passed in W.P.M.P,No.7088 of 2013, which reads as follows: an interim 5 SRS,J W.P.No.5697of2013 Respondents are directed not to take any steps for collecting FSA charges from the petitioner and other consumers for the quarter of the financial year 2010-11. If the petitioner has already paid FSA charges for the 1 quarter of 2010-11, it is not entitled to seek for adjustment of such amounts in the consumption bills now. Such payments made shall be subject to the final orders to be passed in the writ petitions. 1. St 2. 3. / ( St Both learned counsel would submit that in respect of the 1 4. quarter of the financial year 2010-11, S.L.P.No.13878 of 2012 was filed before the Hon’ble Supreme Court of India and is still pending. In respect of other quarters, the issue has been settled by the Hon’ble Apex Court in the case of Sai Bhaskar Iron Ltd. Vs. A.P. ElectricityRegulatory Commission\ The learned Standing Counsel would submit that the petitioner 5. paid the entire amount. Given the facts and circumstances of the case, this Writ Petition is 6. disposed of, with the following directions: St 1) The petitioner is allowed to agitate his claim relating to the 1 quarter of 2010-11, subject to the outcome of the S.L.P., which stood pending before the Apex Court. ' 2016 (9) see 134 6 SRS,J W.P.No.5697of2013 2) In repsect of other quarters, in view of the judgment of the Hon’ble Apex Court in Sai Bhaskar Iron Ltd. adjudication is required. (stated supra), no further There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan Hills, Hyderabad, represented by its Chairman. Red 2. Managing Director, Eastern Power Distribution Company of Andhra Pradesh, Ltd., Sai Shakti, Opp Saraswati Park, Visakhapatham 530 020 Daba Gardens, 3. The Superintendent Engineer Operation Circle Company of Andhra Pradesh Ltd, Vizianagaram Vizianagaram District. 4. The Senior Accounts Officer Operation Circle, Power Distribution Company of Andhra Pradesh Ltd, Vizianagaram Vizianagaram District 5. One CC to SRI. SRINIVAS, Advocate [OPUC] 6. One CC to M/s. ISWARYA, Advocate [OPUC] 7. Two CD Copies Power, Distribution NM HIGH COURT DATED:11/07/2025 \ \ \ \ ORDER WP NO. 5697 OF 2013 I” osNdvms Im DISPOSING OF THE WP WITHOUT COSTS