APHC010618872013 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: 2272/2013 Between: 1. M/S SIVA SANKAR ICE FACTORY, PRAKASAM DIST. & 2 OT, PROP: JETHWANI NARESH KUMAR. S/O. LATE CHETAN DAS, OCC: BUSINESS, AGED 53 YEARS, R/O.PAPAYAPALEM ROAD.KOTHAPETA. VETAPALEM MANDAL, PRAKASAM DISTRICT. 2. M/S. J.D.ICE-CUM-COLD STORAGE,, PROP: MOHAMMED JAMULUDDIN, S/O.JAN MOHAMMED, AGED 45 YEARS, OCC;BUSINESS, R/O.SERVEY NO.483/1, PRASAD NAGAR,KOTHAPETA, VETAPALEM MANDAL. PRAKASAM DISTRICT. 3. KURRA VENKATESWARA RAO,, S/O.HANUMAIAH, AGED 72 YEARS, OCC: BUSINESS,PROPRIETOR OF M/S.SRI LAKSHMI SRINIVASA RICE MILL,R/O. RAMAPURAM ROAD, AKKAYAPALEM.VETAPALEM MANDAL, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. SECRETARY A P E R C HYD 4 OT, 4TH AND 5TH FLOOR, SINGARENI BHAVAN, RED HILLS, HYDERABAD 2 NJS,J W.P.No.2272 of 2013 REP. BY ITS SECRETARY. 2. SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH, LIMITED, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR. TIRUPATHI, CHITTOOR DISTRICT. 3. SENIOR ACCOUNTS OFFICER OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, ONGOLE. PRAKASAM DISTRICT. 4. ELECTRICITY REVENUE OFFICERCUMASSISTANT ACCOUNTS OFFICER, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED. CHIRALA - NS, PRAKASAM DISTRICT. 5. ADDITIONAL ASSISTANT ENGINEER, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, VETAPALEM VILLAGE AND MANDAL. PRAKASAM DISTRICT. ...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 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 2012-2013 pursuant to order of 15t 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 tinder Art, 2003 besides violating petitioners rights guaranteed 14. 19 (1) (g) and 300-A of Constitution of India to declare the action of the respondents imposing restrictions and 3 NJS,J W.P.No.2272 of 2013 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 and consequently set aside the same and pass IA NO: 1 OF 2013(WPMP 2741 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 2010-2011 and 2011-2012 including penalties pursuant to the proceedings No.APERC/Secy/14/20120-13 dated 14-09-2012 from the petitioners, Pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. NIMMAGADDA SATYANARAYANA Counsel for the Respondent(S): 1. 2. V V SATISH The Court made the following: 4 NJS,J W.P.No.2272 of 2013 ORDER: Ms.P.Satya Haritha, learned counsel representing Mr. Nimmagadda Satyanarayana, learned counsel for the petitioners, states that the matter has become infructuous. 2. Recording the same, the Writ Petition is dismissed as infructuous. Interim orders granted, if any, shall stand vacated. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE NINALA JAYASURYA Date:12.03.2026 LSP