APHC010390672012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 40050/2012, 1715 & 2140 of 2013 WRIT PETITION NO: 40050/2012 Between: 1. M/S. DRA INDUSTRIES LTD., NAIDUPET, REP. BY ITS DIRECTOR MR. SUMIT BHATIA APIIC INDUSTRIAL PARK, ATTIVARAM OZILI MANDAL, NELLORE DIST. NAIDUPET - 524 421 ...PETITIONER AND 1. SECY APERC HYD 3 ORS, REP. BY ITS SECRETARY A. P. SINGARENI BHAVAN, RED HILLS HYDERABAD 2. SOUTHERN POWER DISTRIBUTION COMPANY OF A P LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR TIRUPATI 3. THE SUPERINTENDING ENGINEER OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF A P LTD NELLORE 4. THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF A P LTD NELLORE 2 NJS,J W.P.NOS.40050 OF 2012, 1715 & 2140 OF 2013 ...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 a writ, order or direction more particularly the one in the nature of Writ of Mandamus declaring the orders in OP Nos. 64, 65, 66 and 67 of 2012 dated 2.11.2012 of the 1st Respondent as illegal, arbitrary, unjust and contrary to Condition No. 6 of APERC (Conduct of Business) (3rd Amendment) Regulations of 2006 and Sec. 64 (3) of the Electricity Act, 2003 and also violative of Articles 14 and 19 (1) (g) and 21 of the Constitution of India besides principles of natural justice and consequentially set aside the same IA NO: 1 OF 2012(WPMP 50839 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 suspend the operation of the orders of the 1st Respondent Commission dated 2.11.2012 passed in OP No. 64 to 67 of 2012 insofar as the petitioner's high-tension service connections bearing No. NLR 427 and NLR 522 is concerned, in the interest of justice IA NO: 2 OF 2012(WPMP 50840 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 direct the respondents not to demand or collect any sums of money towards Fuel Surcharge Adjustment (FSA) for the year 2012-13 pursuant to any of the orders of the 1st Respondent Commission dated 2.11.2012 passed in OP No. 64 to 67 of 2012 and not to disconnect electricity supply or initiate any coercive step whatsoever for non-payment of any such amounts in respect of the petitioner's high-tension service connections bearing No. NLR 427 and NLR 522, in the interest of justice Counsel for the Petitioner: 3 NJS,J W.P.NOS.40050 OF 2012, 1715 & 2140 OF 2013 1. VARDHINENI KRISHNAMOHAN Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. WRIT PETITION NO: 1715/2013 Between: 1. M/S. HOTEL PAVANI RESIDENCY, CONCERN HAVING ITS OFFICE NEAR DISTRICT COURT, NELLORE, ANDHRA PRADESH REPRESENTED BY ITS ITS PROPRIETOX SMT. P.PAVANI, PROPRIETRIX. ...PETITIONER AND 1. ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION, SINGARENI BHAVAN, RED HILLS, HYDERABAD, REPRESENTED BY ITS CHAIRMAN. 2. SOUTHERN POWER DISTRIBUTION COMPANY OF, ANDHRA PRADESH LIMITED, HAVING ITS OFFICE AT BHAVANI NAGAR, TIRUPATHI, CHITTOR DISTRICT, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 3. THE SUPERINTENDENT ENGINEER OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, NELLORE DISTRICT, OFFICE AT OFFICE AT VIDYUTH BHAVAN, A.K.NAGAR, NELLORE, ANDHRA PRADESH. 4. THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, NELLORE DISTRICT, OFFICE AT OFFICE AT VIDYUTH BHAVAN, A.K.NAGAR, 4 NJS,J W.P.NOS.40050 OF 2012, 1715 & 2140 OF 2013 NELLORE, ANDHRA PRADESH. ...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 a Writ, order or Direction, more particularly, one in the nature of Writ of Mandamus declaring the orders issued by 1" respondent Regulatory commission's orders dated 20 - 09 - 2012 in O.P. Nos. 28 to 43 of 2012 purportedly determining and approving Fuel Surcharge Adjustment (FSA) for the Financial Year 2010 - 2011 and 0.P.No.44 to 59 of 2012 for Financial Year 2011-12 and Common order dated 2- 11-2012 in 0.P.No.64 to 67 of 2012 for 1st quarter of Financial Year 2012-13 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 set aside the same IA NO: 1 OF 2013(WPMP 2085 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 stay the collection of FSA charges by the Respondent No.2 and its authorities, representatives, subordinates and agents for all quarters of FY 2010-11 & 2011-12 pursuant to the Common Order dated 20-09- 2012 made in O.P. Nos. 28 to 43 of 2012 and O.P.No.44 to 59 of 2012 and Common order dated 2-11-2012 in O.P. No. 64 to 67 of 2012 for 1st quarter of Financial Year 2012-13 made by the Respondent No.1 Commission, from the Petitioner Counsel for the Petitioner: 1. DHULIPALLA V A S RAVI PRASAD 5 NJS,J W.P.NOS.40050 OF 2012, 1715 & 2140 OF 2013 Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. WRIT PETITION NO: 2140/2013 Between: 1. M/S ASIAN PEROXIDES LTD.,, GNT ROAD, M.M. MUDI (B.0) CONSUMER NO. NLR 137 KOTAPOLUR (P.0), NELLORE DISTRICT 524 123 REP BY : MR. P. DURAI BABU, SR. MANAGER(HR AND IR ) ...PETITIONER AND 1. ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION, SINGARENI BHAVAN, RED HILLS, HYDERABAD REP BY ITS CHAIRMAN 2. THE SENIOR ACCOUNTS OFFICER OPERATION CIRCLE, POWER DISTRIBUTION COMPANY OF LTD., CENTRAL OFFICE, APSPDC LTD., 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 pass order or orders or directions more particularly one in the nature of Writ of Mandamus declaring the orders of the respondent No. I. in OPs No. 31 to 59 of 2012 all dated 20- 09-2012 and proceedings of respondent no. 2 no. CGM (Fin)/GM (Rev)/SAO/AAO/SA/HT/D. No. 11/13 dt. 09-01- 2013 purportortediy directing and approving Fuel Surcharge Adjustment (FSA) for the four quarters of financial years 2010- 2011 and 2011-2012 contrary to Regulation no. 1 of 2003 as required under law as being arbitrary, illegal, without jurisdiction or power and in violation of principles of natural justice and the 6 NJS,J W.P.NOS.40050 OF 2012, 1715 & 2140 OF 2013 provisions of Andhra Pradesh Electricity Reform Act, 1998 and Electricity Act, 2003, besides violating petitioners as rights guaranteed under Art 14,19(i) (g) and 300A of Constitution of India and set aside the same consequently direct the respondents to refund the amounts collected towards FSA charges in the monthly bills from April, 2012 onwards IA NO: 1 OF 2013(WPMP 2597 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 suspend the operations of the orders in O.P. No. 28 to 56 of 2012 all dt. 20-09- 2012 of respondent no. 1 and proceedings no. CGM(Fin)/GM(Rev)SAO/AAO/HT/D.No.11/ 13 dt. 09-01-2013 of respondent no. 2 restraining the respondents in levying and collecting FSA charges pending disposal of the writ petition Counsel for the Petitioner: 1. V S SOMAYAJULU Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. 7 NJS,J W.P.NOS.40050 OF 2012, 1715 & 2140 OF 2013 COMMON ORDER:- At the time of considering the matter, Mr.Venkata Rama Rao Kota, learned Standing Counsel for APSPDCL, submits that, in similar circumstances, a learned Judge of this Court disposed of a batch of writ petitions in W.P.No.34450 of 2012 and batch ON 09.12.2024. Later, following the said common order, another learned Judge disposed of W.P.No.38866 of 2012 and batch by order dated 16.12.2024. 2. He further submits that the present writ petitions are covered by the said orders and the same may be disposed of on similar lines. 3. In the order dated 16.12.2024 in W.P.No.38866 of 2012 and batch, a learned Judge extracted the directions dated 09.12.2024 in W.P.No.34450 of 2012 and batch, which reads as follows:- “(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 8 NJS,J W.P.NOS.40050 OF 2012, 1715 & 2140 OF 2013 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. In the light of said judgment, the present writ petitions are disposed of, in terms of above extracted order dated 09.12.2024 in W.P.No.34450 of 2012. No costs. Interlocutory Applications, if any, shall stand vacated. __________________________ JUSTICE NINALA JAYASURYA Date:12.03.2026 LSP