1 APHC010042822012 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: 39613/2012 Between: 1. M/S. JAYANTHI BOARDS LIMITED, HYD & 2 OTHERS, (CONSUMER NO. ELR 368) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT FLAT NO.206, SUKHSAGAR APARTMENTS, 3-5-805, HYDERGUDA, HYDERABAD. REPRESENTED BY ITS DIRECTOR MANOJ KUMAR JAIN. 2. M/S. ROLEX PAPER MILLS LIMITED,, (CONSUMER NO. ELR 370) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.22-17-71, SOCIETY BUILDINGS, BHIMAVARAM - 534 202. WEST GODAVARI DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS EXECUTIVE DIRECTOR I. RAMALINGA RAJU. 3. M/S. AKULA BOARDS LIMITED,, (CONSUMER NO. ELR 481) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 35-32-2, AB BHAVAN, YANAMANDRAVARI STREET, TANUKU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS MANAGING DIRECTOR AGWN SATYANARAYANA. ...PETITIONER(S) AND 1. ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION, 4TH & 5TH FLOOR, SINGARENI BHAVAN, RED HILLS, HYDERABAD, REPRESENTED BY ITS SECRETARY 2. EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH, LIMITED HAVING ITS CORPORATE OFFICE AT SITAMMADHARA, VISAKHAPATNAM. REPRESENTED BY ITS 2 CHAIRMAN AND MANAGING DIRECTOR. 3. THE SUPERINTENDENT ENGINEER OPERATION CIRCLE, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, WEST GODAVARI HAVING ITS OFFICE AT OPERATION CIRCLE, VIDYUT BHAVAN, R. R. PETA, ELURU, WEST GODAVARI DISTRICT. 4. THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, WEST GODAVARI HAVING ITS OFFICE AT OPERATION CIRCLE, VIDYUT BHAVAN, R. R. PETA, ELURU, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. DHULIPALLA V A S RAVI PRASAD Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) The Court made the following: ORAL ORDER: Heard Sri Dhulipalla V.A.S. Ravi Prasad, learned Counsel for the Writ Petitioners appearing online and Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel representing Sri V.V. Sathish, learned Standing Counsel for APEPDCL. 2. Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel for APEPDCL 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 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 3 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. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 28.07.2025 Vns