Sri Lakshmi Venkata Krishna Raw & Boiled Rice Mill v. Andhra Pradesh Electricity Regulatory Commission
WP/5024/2013 · 2025-07-10
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48302 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48302 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010230052013 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: 5024 OF 2013 Between:
1. Sri Lakshmi Venkata Krishna Raw & Boiled Rice Mill, Rep.by its Managing Partner Ch.V.Ramanjaneyulu, S/o.Koteswara Rao, aged about 39 years, RIo.South Rajupalem road, Allipuram, Nellore-2, S.P.S.R.Nellore District. 2. Sri Sivaparvathi Raw & Boiled Rice Mill, Rep.by its Managing Partner K.Srinivasulu, S/o.Chenchaiah, aged about 46 years, R/o.Allipuram Road, Nellore-2, S.P.S.R.Nellore District. 3. Manasa Rice Industry, Rep.by its Managing Partner P.Malyadri S/o.China Malakondaiah, aged about 43 years, R/o.Narayana Reddy Peta, Narukur Link Road, Nellore Rural, S.P.S.R.Nellore District. Petitioners AND
1. Andhra Pradesh Electricity Regulatory Commission, 4th and 5th Floor, Singareni Bhavan, Red Hills, Hyderabad. Rep.by its Secretary
2. Southern Power Distribution Company of Andhra Pradesh, Limited, Mint Compound, Secretariat Road, Hyderabad Rep.by its Chairman & Managing Director
3. The Senior accounts Officer Operation Circle, Southern Power Distribution company of Andhra Pradesh Limited, SPSR Nellore District Nellore. ...Respondents
<# ilK 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 plpased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus (a) declaring the action of the respondents in dkermining and approving Fuel Surcharge Adjustment (FSA) for the Financial Year 2010-2011 and 2011-12 and for 1st quarter of Financial Year 2012-13 pursuant to order of 1st respondent as illegal, contrary to Regulation No.1 of 2003 being arbitrary, without jurisdiction or power, and in violation of principles of natural justice and the provisions of Andhra Pradesh electricity Reform Act, 1998 and Electricity Act, 2003, besides violating petitioners rights guaranteed under Art. 14, 19(1)(g) and 300A of Constitution of India (b) to declare the action of the respondents imposing restrictions and measures on contract power supply and consumption vide proceedings No.APERC/Secy/14/20120- (c) and 13 dated 14.09.2012 as arbitrary, illegal and public policy consequently set aside the same.
lA NO: 1 OF 2013fWPMP 6280 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 grant stay the collection of FSA charges by the Respondents for all quarters of financial years 2010-11 & 2011 -12 including penalties pursuant to the proceedings No. APERC/Secy/14/20120-13 dated 14-09-2012 from the petitioners pending disposal of the above writ petition. Counsel for the Petitioners: SAI GANGADHAR CHAMARTY Counsel for the Respondent No.1: SRI VENKATA RAMA RAO Counsel for the Respondents No.2,3: SRI P VINOD KUMAR The Court made the following order:
APHC010230052013 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: 5024/2013 Between:
1.SRI LAKSHMI VENKATA KRISHNA RAW & BOILED RICE MILL, REP.BY ITS MANAGING PARTNER CH.V.RAMANJANEYULu! S/O.KOTESWARA RAO, AGED ABOUT 39 YEARS, RIO.SOUTH RAJUPALEM ROAD, ALLIPURAM, NELLORE-2, S.P.S.R.NELLORE DISTRICT. 2.SRI SIVAPARVATHI RAW & BOILED RICE MILL, REP.BY ITS MANAGING PARTNER K.SRINIVASULU, S/O.CHENCHAIAH, AGED ABOUT 46 YEARS, R/O.ALLIPURAM ROAD, NELLORE-2, S.P.S.R.NELLORE DISTRICT. 3.MANASA RICE INDUSTRY, REP.BY ITS MANAGING PARTNER P.MALYADRI S/O.CHINA MALAKONDAIAH, AGED ABOUT 43 YEARS, R/O.NARAYANA REDDY PETA, NARUKUR LINK ROAD, NELLORE RURAL, S.P.S.R.NELLORE DISTRICT. ...PETITIONER(S) AND 1.ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION, 4TH AND 5TH FLOOR, SINGARENI BHAVAN, RED HILLS, HYDERABAD. REP.BY ITS SECRETARY 2.SOUTJERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH, LIMITED, MINT COMPOUND, SECRETARIAT ROAD, HYDERABAD REP.BY ITS CHAIRMAN & MANAGING DIRECTOR 3,THE senior ACCOUNTS OFFICER OPERATION CIRCLE,
SOUTHERN POWER DISTRIBUTION COMPANY PRADESH LIMITED, SPSR NELLORE DISTRICT NELLORE.
OF ANDHRA ...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 Writ of Mandamus (a) declaring the action of the respondents in determining and approving Fuel Surcharge Adjustment (FSA) for the Financial Year 2010-2011 and 2011-12 and for 1st quarter of Financial Year 2012-13 pursuant to order of 1st respondent as illegal, contrary to Regulation No.1 of 2003 being arbitrary, without jurisdiction or power, and in violation of principles of natural justice and the provisions of Andhra Pradesh electricity Reform Act, 1998 and Electricity Act, 2003, besides violating petitioners rights guaranteed under Art. 14, 19(1)(g) and 300A of Constitution of India (b) to declare the action of the respondents imposing restrictions and measures on contract power supply and consumption vide proceedings No.APERC/Secy/14/2 0120- 13 dated 14.09.2012 as arbitrary, illegal and public policy (c) and consequently set aside the same and pass lA NO:
1 OF 2013(WPMP 6280 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 grant stay the collection of FSA charges by the Respondents for all quarters of financial years 2010-11 & 2011 -12 including penalties pursuant to the proceedings No. APERC/Secy/14/20120-13 dated 14-09-2012 from petitioners pending disposal of the above writ petition Counsel for the Petitioner(S):
I.SAI GANGADHAR CHAMARTY Counsel for the Respondent(S):
1.P VINOD KUMAR the
The Court made the following order:
Learned counsel for the petitioners submits that by afflux of time, the Writ Petition has become infructuous. Recording the submission of the learned counsel for the petitioners, the Writ Petition is dismissed as infructuous. 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// '/Iv 7 SECTION OFFICER To,
1. One CC to SRI. SAI GANGADHAR CHAMARTY, Advocate [OPUC]
2. One CC to SRI. P. VINOD KUMAR, Advocate [OPUC]
3. One CC to SRI. VENKATA RAMA RAO, Advocate [OPUC]
4. Two CD Copies NM
HIGH COURT DATED:11/07/2025
ORDER WP NO. 5024 OF 2013 =5/ 0 I NOV 2025 O' Co is^iurrent Sectiop^y^ DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS