APHC010321562013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 79/2013 Between: 1. SRI RAMESH RAW & BOILED RICE MILL & 2 OTHERS, REP.BY ITS MANAGING PARTNER KARAMSETTY RAMESH, S/O.LAKSLUNAIAH, AGED ABOUT 42 YEARS, R/O.PEDDACHERUKURU, NELLORE, S.P.S.R.NELLORE DISTRICT. 2. M/S. SRI VIJAYALAKSHMI RAW & BOILED RICE MILL REP.BY ITS, MANAGING PARTNER S.SUBRAHMANYAM, S/O.SUBBARAMAIAH, AGED ABOUT 52 YEARS, R/O.RAJUPALEM VILLAGE, NELLORE RURAL MANDAL, NELLORE, S.P.S.R.NELLORE DISTRICT. 3. SRI SANGAMESWARA RAW & BOILED RICE MILL REP.BY ITS, MANAGING PARTNER K.PERAPA NAIDU, S/O.SAMBAVA NAIDU, AGED ABOUT 53 YEARS, R/O.ALLIPURAM ROAD, ALLIPURAM, NELLORE, S.P.S.R.NELLORE DISTRICT. ...PETITIONER(S) AND 1. SECRETARY APERC HYDERABAD 2 OTHERS, AND 5TH FLOOR, SINGARENI BHAVAN, RED HILLS, HYDERABAD. 2 NJS,J W.P.NO.79 OF 2013 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. ...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 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/14/20120-13 dated 14-09-2012 as arbitrary, illegal and public policy (c) and consequently set aside the same and pass such other orders as may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2013(WPMP 86 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 3 NJS,J W.P.NO.79 OF 2013 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 in this Hon'ble Court and pass such other orders as may be deemed fit and proper in the circumstances of the case. Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. The Court made the following: 4 NJS,J W.P.NO.79 OF 2013 ORDER: Mr.Ch.Ganesh, learned counsel representing Mr.P.Suresh, learned counsel for the petitioners, submits that, in view of the subsequent developments in the writ petition, the cause does not survive for adjudication. 2. Recording the said submission, the writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________________ JUSTICE NINALA JAYASURYA 03.03.2026 LSP