APHC010711202013 IN THE HIGH COURT OF ANDHRA PRAI^fl AT AMARAVATI < (Special Original Jurisdiction) FRid'AY. THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI - WRIT PETITION NO: 5339 OF 2013 Between: Katragadda Sivarama Krishnaiah, S/o. Narayana Swamy, Occ; Business R/o. Kolanukonda Village, Tadepalli Mandal, Guntur District(SC.No.000326). ...Petitioner AND 1. The Andhra Pradesh Electricity Regulatory Commission, (APERC), Singareni Bhavan, Red Hills, Hyderabad, Rep: by its Chairman^- 2. The Southern Power Distribution Company Ltd, (APSPDCL), Rep: by its Chairman & Managing Director, Corporate office at Brodipet, Guntur, Guntur District. 3. The Superintendent of Engineer, Operation Circle, Southern Power Distribution Company Of Andhra Pradesh Ltd., Guntur, Guntur District. 4. The Senior Accounts Officer Operation Circle, Southern Power Distribution Company Of Andhra Pradesh Ltd., Guntur, Guntur District. 5. The Government of Andhra Pradesh, Rep. by its Principal Secretary Department of Energy, 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.P.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; 2009-2012 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 24-09-2012 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 20112012 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 c) granting and directing all consequential relief. lA NO: 1 OF 2013(WPMP 6666 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 respondents distribution licensee not to demand collect any amounts towards fuel surcharge adjustment for the year 2010- or 2011 or 2011-2012 pursuant to their newspaper notice 24-09-2012 or pursuant to any of the impugned orders of the 1®* respondent Commission dated: 20-09-2012 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, pending the above writ petition. - Counsel for the Petitioner: SRI N. SRIHARI Counsel for the Respondent No.1 : SRI P. SRINIVASA RAO, SC FOR APERC Counsel for the Respondent No.5 : GP FOR ENERGY Counsel for the Respondent Nos.2 to 4 : SRI V. V. SATISH (SC for APEPDCL) The Court made the following order: X APHC010711202013 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: 5339/2013 Between: 1.KATRAGADDA SIVARAMA KRISHNAIAH,, S/0. NARAYANA SWAMY, OCC: BUSINESS, R/0. KOLANUKONDA VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT(SC.N0.000326). ...PETITIONER AND 1.THE ANDHRA PRADESH ELECTRICITY COMMISSION, (APERC) HYDERABAD, REP: BY ITS CHAIRMAN REGULATORY SINGARENI BHAVAN, RED HILLS, 2.THE SOUTHERN POWER DISTRIBUTION COMPANY LTD, (APSPDCL), REP: BY ITS CHAIRMAN & MANAGING DIRECTOR, CORPORATE OFFICE AT BRODIPET, GUNTUR, GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF ENGINEER, OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD., GUNTUR, GUNTUR DISTRICT. 4.THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD., GUNTUR, GUNTUR DISTRICT. 5.THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY, SECRETARIAT, HYDERABAD. 2 SRS,J W.P.No.5339of2013 ...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 in the nature of Mandamus; a) declaring the orders passed by the 1st 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.P.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; 2009-2012 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 24-09-2012 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 20112012 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 c) granting and directing all ' consequential relief. lA NO: 1 OF 2013(WPMP 6666 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 direct the respondents distribution licensee not to demand or collect any amounts towards fuel surcharge adjustment for the year 2010-2011 or 2011- 2012 pursuant to their newspaper notice 24-09-2012 or pursuant to any of the impugned orders of the 1st respondent Commission dated; 20-09-2012 or otherwise, and not to disconnect electricity supply take any coercive step whatsoever for non-iayment of any such amounts or for adjustment in subsequent bills of payments of such amounts, pending the above writ petition and pass. Counsel for the Petitioner: '4.N SRIHARI Counsel for the Respondent(S): 3 SRS,J W.P.No.5339 of 2013 1.GP FOR ENERGY 2. V V SATISH (SC for APEPDCL) The Court made the following order: Today, when the matter is taken up for consideration, 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.6666 of 2013, on 22.02.2013. 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/- V DIWAKAR GISTRAR DEPUTY //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri N. Srihari, Advocate [OPUC] 2. Two CCs to GP for Energy, High Court of Andhra Pradesh [OUT] 3. One CC to Sri V V Satish, (SC for APEPDCL) [OPUC] 4. One CC to Sri P. Srinivasa Rao, SC for APERC (OPUC) 5. Two CD Copies Cnr HIGH COURT DATED:11/07/2025 2 2 OCT 2025 ^ >rantS«tl«ixC ORDER WP NO. 5339 OF 2013 O 99 CLOSING THE W.P. WITHOUT COSTS