APHC010150072012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 39571 OF 2012 Between: 1. MG PTR, SRI KARTHIKEYA RICE INDUSTRIES, SPSR NELLORE DIST, Rep.by its Managing Partner P.Mallikarjuna Rao, S/o.Kondappa Naidu, aged 51 years, Hindu, Pedacherukuru Village, Nellore Rural Mandal, S.P.S.R.Nellore District. ...Petitioner AND 1. SECY A P E R C HYDERABAD 2 OTHERS, 4th and 5th Floor, Singareni Bhavan, Red Hills, Hyderabad. Rep.by its Secretary 2. Southern Power Distribution Company of Andhra Pradesh Lim, 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 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 declaring the action of the respondents in determining and approving Fuel Surcharge Adjustment (FSA) for the Financial 2 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 and consequently set aside the same IA NO: 1 OF 2012(WPMP 50257 OF 2012 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 quartets of financial years 2010-11 & 2011-12 pursuant to the order of 1st respondent in application filed by 2nd respondent for collection of FSA from the petitioner pending disposal of the above writ petition in this Hon'ble Court Counsel for the Petitioner: SAI GANGADHAR CHAMARTY Counsel for the Respondents: VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondents: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 39571 OF 2012 The Court made the following order: Heard learned counsel for the Writ Petitioner and learned Standing Counsel for the Respondents. 2. 2. This Writ Petition is filed seeking the following relief: “It is therefore just and essential that this Hon’ble 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 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 and consequently set aside the same and pass such other orders as may deem fit and proper in the circumstances of the case.” 3. When the matter is taken up for hearing, learned counsels appearing on either side submits that, under similar facts and circumstances, this Court had passed an order vide in W.P.No.19359 of 2012 dated 31.07.2012 and they requested that similar orders be passed in the present batch of writ petitions. 3. Upon perusal of the order of the Hon’ble Court dated 31.07.2012 in W.P. No. 19359 of 2012, this Court came to a conclusion that the said order is squarely applicable to the present batch of writ petitions. In accordance with the directions issued by this Court vide in W.P.No.19359 of 2012, dated 31.07.2012, this writ petition is liable to be disposed of on the following terms: (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 4 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 2010-2011and 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. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs 5. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date: 22.09.2026 MNR 5 89 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.39571 OF 2012 Dt: 22.09.2026 Mnr