M/S.Krishna Sai Granites Indian Pvt ... vs Chairman, Aperc, Hyd 4 Ot on 22 July, 2025

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Andhra Pradesh High Court - Amravati

M/S.Krishna Sai Granites Indian Pvt ... vs Chairman, Aperc, Hyd 4 Ot on 22 July, 2025

APHC010396802012

IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction) i

TUESDAY, THE TWENTY SECOND DAY OF JULY
TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

WRIT PETITION Nos: 37440, 37557. 37648, 37713. 37899. 38044. 38167,
38306, 38333. 38567. 38998. 39154, 39173 AND 39330 OF 2012

WRIT PETITION NO: 37440 OF 2012

Between:

M/s. Swatantra Hospitals, Multi Specialties Hospitals, rep by its Managing
Director, Dr. Ganni Bhaskara Rao, S/o.Satyanarayana Murty, Aged 56 years,
Veerabhadrapuram, Rajahmundry -5, East Godavari District.
...Petitioner
AND

1. The Government of Andhra Pradesh, rep by its. Principal Secretary to
Government, Energy Department, AP secretariat, Saifabad,
Hyderabad.

2. The Secretary, The AP Electricity Regulatory Commission (APERC),
Singareni Bhavan, red hills, Hyderabad.
3. The A P Eastern Power Distribution co Ltd, Rep. by its: The Chairman &
Managing Director, APEPDCL, Corporate office, near Gurudwara,
Seethammadhara, Postal colony, Visakhapatnam(PO)
4. The Superintending Engineer, APEPDCL, Vidyut sakha bhavan,
Godavari bund, Rajahmundry-1
5. The Senior Accounts Officer, O/o. The Superintending Engineer,
APEPDCL, Vidyutsakha bhavan, Godavari bund, Rajahmundry-1
...Respondents
-- 2

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 to issue an appropriate Order, Writ or Direction more particularly one
in the nature of Writ of Mandamus under Article 226 of Constitution of India by
declaring that the FSA orders passed by 2"^^ respondent on 20-9-2012 for the
financial years 2010-11 and 2011-12 as published in news paper dt 249-2012
and the collection schedule of FSA circulated by the 4*^ and 5^^ respondents
for including FSA amounts for FY 2010-11, 2011-12 starting from Oct 2012 to
ending with September 212, including the amount in CC bill for October 2012
demanding the same for its payment under the threat of disconnecting power
supply to petitioner service connection as, illegal, unjust, arbitrary,
discriminatory, violative of Articles 14, 19(g) of Constitution of India, contrary
to the provisions of the Electricity Act 2003, more particularly in gross violation
of Section 64 proviso thereto, and thus to set aside the same in the interest of
justice.

lA NO: 1 OF 2012rWPMP 47519 OF 2012

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the wit petition, the High Court may be
pleased to suspend the operation of FSA orders dt 20-9-2012 towards F-Y
2010-11 & 2011 -12, together with collection schedule of FSA circulated by the
respondent since the 5*^ respondent is threatening disconnection of power
supply of the petitioner service connection till the final disposal of the main
Writ Petition, in the interest of justice.

lA NO: 1 OF 2013(WVMP 747 OF 2013

Between:

1. The A P Eastern Power Distribution co Ltd, Rep. by its: The Chairman &
Managing Director, APEPDCL, Corporate office, near Gurudwara,
Seethammadhara, Postal colony, Visakhapatnam(PO)
2. The Superintending Engineer, APEPDCL, Vidyut sakha bhavan.
Godavari bund, Rajahmundry-1
3. The Senior Accounts Officer, O/o. The Superintending Engineer
APEPDCL, Vidyutsakha bhavan, Godavari bund, Rajahmundry-1

...Petitioners/Respondents
AND

1. M/s. Swatantra Hospitals, Multi Specialties Hospitals, rep by its
Managing Director, Dr. Ganni Bhaskara Rao, S/o.Satyanarayana
Murty, Aged 56 years, Veerabhadrapuram, Rajahmundry -5, East
Godavari District.

...Respondent/Petitioner
2. The Government of Andhra Pradesh, rep by its. Principal Secretary to
Government, Energy Department, AP secretariat, Saifabad,
Hyderabad.
3. The Secretary, The AP Electricity Regulatory Commission (APERC),
Singareni Bhavan, red hills, Hyderabad.
...Respondents/Respondents

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
vacate the interim orders passed on dated 05-12-2012 In W.P.MP.No. 47519
OF 2012 INW.P.No. 37440 of 2012.

Counsel for the Petitioner: SRI P. NARASIMHA RAO

Counsel for the Respondent No.1 : GP FOR ENERGY

Counsel for the Respondent Nos.2 to 5 : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)
4-'

APHC010184782012

WRIT PETITION NO: 37557 OF 2012

Between:

1. M/s. Venkata Sal Boiled and Raw Rice Mill (ONG 221), Medarmetla
Prakasam (Dt) Rep.by its M.G.Partner Ravi Srinivasa Rao, S/o. SUbba
Rao aged 47 years.
2. M/S. Raghavendra Raw and Boiled Rice Mill (ONG 195), Medarmetla
Prakasam (Dt) Rep.by its M.G.Partner Kota Radha Krishna Murthy, S/o.
Naiduamma aged 76 years.
3. M/S. Sri Rama Raw and Boiled industry (ONG 096), Medarmetla
Prakasam (Dt) Rep.by its M.G.Partner M.Nagabhusanarri S/o Subba
Rao aged 47 years.
4. M/S. Sri Sri Sri Narayana Swamy Raw and boiled Rice, mill (ONG 326)
Medarmetla , Prakasam (Dt) Rep.by its M.G.Partner M.Satyanarayan a,
S/o. Venkateshwaru aged 46 years
5. M/s.
Sri Prasanajaya Raw and boiled Rice mill (ONG 347),
Reningavaram, Prakasam (Dt) Rep.by its Partner P.Chandram, S/o.
Subba Rao, aged 45 years.
6. M/s. Sri laxmi Srinivasa Modern Rice Mill (11542), Kandukur Rep.by its
Prop. U.Srinivasa Rao, S/o. Subba Rao, aged 36 years.
7. M/s. Sri Venkata Sai Dattarraia Raw boiled rice and flour, mill (10952)
Kandukur Rep.by its Proprietor I Subbarao, S/o. Venkata narasimha
aged 56 years.

8. M/s. Sri Balaji Rice Mill (1546) Kandukur, Rep.by its Prop
D.venkateshwarlu, S/o. Bramha Rao, aged 39 years.
9. M/s. Sri Bagha Laxmi rice mill (2165) Kandukur, rep.by its M.G.

Partner T. Venkataiah, S/o. Malakondhaiah, aged 60 years.
V -

10. M/s. Sri Srinivasa Raw and boiled Rice mill(ONG 1196), Tettu.Gudlur
Mandal Rep.by its M.G.Partner K.Koteshwar Rao, S/o. Subbarao, aged
52 years.
11.M/s. Sri laxmi Saraswathi Rice mill (4249) Kandukur Rep.by its
M.G.Partner A.H.Narayana, S/o. Ramatingiah, aged 63 years.
12.M/s. Sri Vamsi Krisha Boiled and Raw Rice Mill (5471), Kandukur

Rep.by its Partner J.Satyanarayana, S/o. Narasaiah, aged 62 years.
13.M/S. Sri Gayatri Modern Rice mill (634) Oguru, Kandukur, Rep.by
M.G.Partner M.venkateshwarlu, S/o. Ramana Rao, aged 44 years.
14.M/s. Laxmi Srinivasa Raw and Boiled Rice mill (5104), Kandukur ,
Rep.by its Prop K.Venkateshwar Rao, S/o. Subbaraiyudu, aged 49
years.

15.M/s. Priyanka Agro Enterprises (NLR 339), Kodavalur Mandal, Nellore
Dt Rep.by ' its M.G. Director NVSS Prasad, S/o. Subbiah Naidu, aged
53 years.
...Petitioners
AND

1. Andhra Pradesh Electricity Regulator Commission, Singareni Bhavan,
Red Hills, Hyderabad, Rep by its Chairman.
2. The Senior Accounts Officer Operation, Southern Power Distribution
Company of AP Ltd, Ongole, Prakasam District
3. The Senior Accounts Officer Operation, Southern Power Distribution
Company of AP Ltd, Nellore, Nellore District
4. The Assistants Accounts Officer, E.R.O.Office Southern Power

Distribution Company of AP Ltd, Kandukur, Prakasam (Dt)
...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 to issue writ or order if direction more particularly in the nature of Wirt
of Mandamus declaring . (a) The orders passed by the first respondent in
O.P.Nos 28 to 31 of 2012, O.P.Nos 32 to 35 of 2012 , O.P.Nos 36 to 39 of
2012 .O.P.Nos 40 to 43 of 2012 , O.P.Nos 44 to 47 of 2012 , O.P.Nos 48 to 51
of 2012 ,O.P Nos 52 to 55 of 2012 and O.P.Nos 56 to 59 of 2012 dated 20-09-
2012 determining the fuel surcharge adjustment for the four quarters of 2010-
2011 and the four quarters of 2011 - 2012 as being illegal and void being
violative of principles of natural justice and contrary to provisions of
regulations and law and to set aside the same, (b) To direct the respondents
to forbear from demanding and collecting any amounts towards fuel surcharge
adjustment charges for 2010 -2011 and 2011-2012 in pursuance there of or in
pursuance of impugned orders of first respondent dated 20-09-2012 or

otherwise and to further direct them to forthwith refund and/or adjust in future
consumption bills and all amounts collected or adjusted in respect of the
same.

[A NO: 1 OF 2012(WPMP 47674 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 amounts fuel surcharge
adjustment charges for the year for 2010 -2011 and 20112012 in pursuance
there of or in pursuance of impugned orders of first respondent dated
20-09-2012.

Counsel for the Petitioners: SRI K. V. UPENDRA GUPTA

Counsel for the Respondents :Ms. A. JYOTHI RATNA,
JUNIOR STANDING COUNSEL FOR APSPDCL

Counsel for the Respondents : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)
' /

APHC010236032012

WRIT PETITION NO: 37648 OF 2012
Between:

1. M M/S. Navodaya Par Boiled Rice and oil Mill (GNT 000700 ) Tenali , Guntur Dist
Rep.by its M.G.Partner G.Samba Siva Rao S/o Uma Maheshwar Rao aged 68
years.

2. M/S.Sri Sita Ramanjaneya Rice Mill (GNT 1168) Tenali Rep.by its Partner

G.V.Pandu Ranga Rao S/o Venkateshwarlu aged 62 years.
3 M/S.Sri Balaji Rice Working Co (12595) Tenali , Rep.by its Prop C.Rajshekar

S/o Chandrababu aged 32 years.
4 M/S Navodaya Rice Mill (GNT 000113)Tenali, Rep.by its M G.Partner G.Samba

Siva Rao S/o Uma Maheshwar Rao aged 68 years..
5. M/S Mahalakshmi Rice Traders (GNT 1072)Tenaii, Rep by its.Partner

K.Yagneshwar rao S/o Sita Ramaiah aged 62 years..
6. M/S.Sn Subodaya Raice & Flour Mill (GNT 1379)Tenali, Rep by its.Partner
K.Samba Siva Rao S/o Rataiah aged 59 years.
7 M/S Sn Balaji Rice Working Co (gnt 2416) Tenali , Rep.by its Prop C.Rajshekar
S/o Chandrababu age^d 32 years.
8 M/S.Sri Lakshmi Modern Rice Working Co. (Gnt 12157) Tenali , Rep,by its Prop
K.L S Gupta S/o Venkata MohanRao aged 38 years.
9 M/S.Radha Krishna Rice & dal Mill (Gnt 778) Tenali , Rep.by its Prop N.Krishna
Murthy S/o Nagabushanam aged 53 years.
10 M/S.Nageshwar rao Rice Traders (Gnt 1180) Tenali , Rep.by its Prop

K.Nageshwar rao S/o Kottaiah aged 38 years.
1 1 M/S.Sri Venkateshwara Rice Working Co (2988) Tenali , Rep by its Partner

S.Maliikarjun rao S/o Subba F-tao aged 54 years.
12. M/S.Sri Srinivasa Rice Working Co (88) Tenali , Rep.by its Prop M.sanjeev
kurnar S/o Krishna Rao aged 25 years.
1 3. M/S.Janata Rice Mill (878) Tenali , Rep.by its M.G.Partner D.nageshwar rao S/o
Raman rao aged 40 years.
14. M/S.Satyanarayana Rice Mill (Gnt 116) Arurnbaka, Rep.by its partner

A.Satyanarayana S/o Subba Rao aged 52 years.
15 M/S Sri Lakshmi Murali Mohan rice & Floor Mill (Gnt 418) Cherukupalli, Rep.by
its Partner C.H.Murali Mohan S/o Panduranga aged 51 years.
16. M/S.Ramachandra Rice Working Co (Gnt 1282) Tenali , Rep.by its Prop
N.V.L.Narayana S/o Radha Krishna Murthy aged 37 years.

\
<5 "

17. M/S.Sri Lakshmi Satyanarayana Rice & Floor Mill (Gnt 288) Tenali , Rep.by its
Partner K.V.V.Prasad rao S/o Prasad Rao aged 50 years.
18.M/S.Sri Adi Lakshmi Karneshwari Rice Mill (Gnt 2482) Tenali , Rep.by its Prop
T.V.Siva Kumar S/o Mallikarjun Rao aged 29 yea rs.
19.M/S.Parvatai Parameshwara Rice Mill (Gnt 1112) Cherukupalli , Rep.by its Prop
N.Kasi S/o Nagendra aged 60 years.
20. M/S.Sri Venkateshwara rice & floor Mill (Gnt 0031) Munangivadipalem , Rep.by
its M.G.Partner E.Venkateshwara reddy S/o Venkata Kota reddy aged 55 years.
21. M/S Prasad rice And floor mill (Gnt 3040) Peddaravur, Rep.by its Prop P.Shesha
Giri Rao S/o S.ubba Rao aged 45 years.
22.M/S.Chimnaya Traders (Gnt 23969) Tenali , Rep.by its Prop T.Purnachandra
Rao S/o Satyanarayana aged 45 years.
23.M/S.Manik3nta Modern Rice Mill (Gnt 3185) Tenali . Rep.by its M.G.Partner
g.satyanarayana S/o Samba Siva Rao aged 46 years.
24.M/S.Sita Ramanjaneya Rice Mill (Gnt 189) Nadigaddapal em, Rep.by its
M.G.partner K.Srinivasa reddy S/o Rami reddy aged 42 years.
25. M/S.Sri Venkata Raman rice Mill (Gnt 11143) Nidubrolu , Rep.by its M.G.Partner
G.V.Krishnaiah S/o Venkata subbaiah aged 73 years.
26.M/S.Sri Ramachandra rice Mill (Gnt 1080) Nidubrolu , Rep,by its Partner
G.V.Krishnaiah S/o Venkata subbaiah aged 73 years.
27.M/S.Sita Rama rice Mill (Gnt 3108) Munipalli, Rep.by its Partner V.Satya Sai
Babu S/o Chowdarama aged 44 years,
28. M/S.Sri Lakshmi
rice Mill (Gnt 064) Nidubrolu , Rep.by its Partner k.Srinivasa
Rao S/o rama Rao aged 44 years.
29. M/S.Sri Naga Lakshmi rice Mill (GnI 589) Nidubrolu , Rep.by its Prop K.Subba
Rao S/o Radha Krishna Murthy aged 56 years.
30. M/S.balaji Par Boiled & faw
rice Mill (Gnt 0401) Chintalapadu, Rep.by its
M.G.Partner K.Venumada
V RaoS/o Subba Rao aged 45 years.
3t.M/S.M.S.R.Rice Industries (Gnt 889) Kasukarru, Rep.by its Partner
m.ramanjaneyulu S/o Ramulu aged 62 years.
32. M/S.Sri Ragavendra rice Mill (Gnt 0561) Kasukarru Rep.by its M.G.Partner
M.Sheshagiri rao S/o Venkata narayana aged 61 years.
33.M/S.Nelisetty rice industries(Gnt 1079) Kasukarru , Rep.by its M.G.Partner
N.Narasimha Rao S/o Venkateshwarlu aged 65 years.
34.M/S.gopi Krishna rice mill (Gnt 3171) Kasukarru Rep.by its M.G.Partner
J.harinadha babu S/o varaiah aged 53 years
35, M/S.Sri Balaji trading company (Gnt 1118) Niduburolu, Rep.by its Prop
M.nageshwar Rao S/o S'. jbba rao aged 61 years
36. M/S.Sri rama rice mill( nt 1081) Ponnuru, Rep.by its M.G.Partner S,radha
Krishna Rao S/o Venkata ratnam aged 58 years
37. M/S Sri Sita Ramanjaneya raw rice & boiled Mill (Gnt 3170) P.T.Parur, Rep.by its
Partner C.Venkateshwarlu S/o Sheshaiah aged 70 ye ars
--n-

38. M/s.Sri bala Krishna rice Miii(Gnt 228) Ponnuru , Rep.by its Prop N.V.malikarjun
Rao S/o harinarayana aged 44 years
39. M/S.Sri Satya Narayana traders(Gnt 015) Katempudi , Rep.by its M.G.Partner
P.rammohan rao S/o Venkat raoaged 63years
40. M/S Sri Balaji rice Mili(Gnt 012) Lakshmipurann, Rep.by its M.G.Partner
K.srinivas Rao S/o Srimannarayana aged 40 years
41. M/S.Sri Srinavasa Rice iV1in(Gnt 0126) Tottempudi , Rep.by its Prop A.Koti ready
S/o Vera Reddy aged 65 years
42. M/S.Sri Venkata satya Sai traders(Gnt 785) Ponnuru , Rep.by its.Partner G .Siva
Satyanarayana S/o Puttaiah aged 55 years
43.M/S.Lakshmi Srinivasa Rice Mil! (Gnt 1281) Ponnuru , Rep by its M.G.Partner
A.samba Siva rao S/o Subbaiah aged 62 years
44.M/S.Puvada nageshwara & Lakmsetty barati & Co (Gnt 1133) patachalatiparru,
Rep.by its M.G.Partner P.nageshwar rao S/o Subba rao aged 67 years
45. M/S.Sri ramachandra rice industry (Gnt 0543) Ponnuru , Rep.by its Prop E.subba
rao S/o dassaiah aged 60 years
46.M/S.Lakshmi Sujata Traders (Gnt 1653) Ponnuru , Rep by its prop A.V.subba rao
S/o Venkateshwarlu aged 75 years
47. M/S.Ravindra Rice working Co (956) Repalli Rep.by its Partner
S.Veranjaneyuku rao S/o Venkata Subbaiah aged 52 years
48.M/S.Viajaya durga rice Mill (5843) Repalli , Rep.by its Prop K.V.N.S rao S/o
Subba Rao aged 61 years
49.M/S.Vijaya Rice working Co (331) Repalli , Rep.by its Prop k.venkateshwar rao
S/o Krishna rao aged 57 years
50. M/S.Sri Mahalakshmi Rice working Co (29) Peteru, Rep.by its M.G.partner
N.V.Hanumantha rao S/o /Xnjaneyulu aged 47 years
51.M/S.Rajeshwari Rice working Co (185) Repalli , Rep.by its Prop Chaitanya
Kumar S/o Pichaiah aged 34 years
52. M/S.Ragavendra Rice industries (GNT 874) Vuyururavipalem, Rep.by its Prop
K.prabakar rao S/o Venkata ramaiah aged 51 years
53. M/S.Sri padmalaya rice mill (GNT 687) Vuyurivaripalem , Rep.by its M.G.Partner
V.Ram Mohan rao S/o Radha Krishna Murthy aged 58 years ,/

54.M/S.Radha Krishna Rice Mill(GNT 684) Repalli . Rep by its Partner T.Dharma
Nageshwar rao S/o Ranga Rao aged 43 years
55.M/S.Om Sri Lakshmi Durga Rice working co(GNT 708) Repalli , Rep.by its
M.G.Partner V.Danunjeya rao S/o Basveshvv/ar Rao aged 47 years
56. M/S.Vamshadhara Rice T raders (GNT 1059) Repalli Rep.by its Partner
B.Lakshmi Srinivas S/o Rarnchandra Rao aged 52 years
57. M/S.Vasavai Rice working Co (GNT 407) Repalli , Rep.by its M.G.Partner
T Somachc^ndra rao S/o Puma Rao aged 54 years
58. M/S.Sri Venkateshwara Rice Mill (5088 ) Repalli , Rep.by its M Partner

D.Samba Siva Rao S/o Venkateshwarlu aged 59 years
--'®- Vo

59. M/S.kalesha rice mill (GNT 391) Nagaram , Rep.by its Prop Patanmabusukani
S/o Imankhan aged 62 years
60. M/S.Ragavendra Rice Vv/orking Co (175) Betapudi, Rep.by its Partner K.Pamidath
S/o Rarnakristina Rao aged 66 years
61. M/S.Sri Venkateshwara Rice working Co (GNT 13) Clielavaripalem, Rep.by its
Partner B.kamaiah S/o Venkateshwarlu aged 56 years
62. M/S.Sri Nageshwara rice Mill (GNT 82) Pudivada, Rep.by its Prop K.Srinivasa
rao S/o Anjaiah aged 39 years
63. M/S.Rohini Rice Mill (GNT 1129) Peddapulivaru , Rep.by its Prop K.jagan Moha n
rao S/o Babu Rajendra Prasad aged 59 years
64.M/S.Jaya Krishna Rice Mill (GNT 313) Repalli , Rep.by its Prop V.S.R.Krishna
S/o Tirupati Rao aged 56 years
65. M/S.bapuji Satyanarayana rice mill (1149) Battipolu Rep.by its Partner
M.V.Subba rao S/o Nagabushan Rao aged 59 years
66. Nandi Polymers India Pvt Ltd (TPT 261) Tirupathi.Chittor Dt, Rep.by its

Authorized Signatory and Accounts Officer V.Venkat Rao S/o Adi Narayana
aged 40 years

67. M/S.Sri .Vinay Air Products (NLR 317) Neilore , Rep.by its M.G.Partner G.Vijay
Kumar S/o Rama Subbiah aged 30 years
68. M/S.Sri Venkateshwara Ice Industries (0411) Bethipudi,Guntur Dt Rep.by its
M.G.Partner G.Srinivasa rao S/o Prasad rao aged 46 years
69. M/S.Sri Vigneshwara lc:e Industries (0412) Bethipudi,Guntur Dt, Rep.by its Prop
C.Bhagavanta Rao S/o Musaliah aged 65 years
70. M/S.Sri Rama Ice Factory (0470) Bettiipudi,Guntur Dt, Rep.by its Prop P.Devarai
S/o Sri rarna Kotestiwai l3ao aged 51 years
71.M/S.S11 Laxmi Satya N.arayana Rice and Oil Mill (GNT 1073) Tenali, Rep.by its
M.G.Partner P.Venkait.shwara Rao S/o Raghaviah aged 50 years
72. M/S.Natural Food and Feeds (GNT 1898) Krishna Nagar,Tadepall i Mandal

Rep.by its Authozied Q
O
ignatory M.Venkateshwara rao S/o Malakondiah aged 46
years

73 M/S.M.S.Agro Products (GNT 306) Krishna Nagar.Tadepalli Mandal , Rep.by its
M.G.Partner M.Venkateshwara rao S/o Malakondiah aged 46 years
74. M/S.Sasisri Extractions Limited (GNT 552) Atmakur, Mangalagiri Rep.by its
Director M.Sambhasiva Rao S/o Malakondiah aged 53 years

And . Petitioners

1.
Andhra pradesh Electricity Regulator commission,
Singareni Bhavan.Red Nills,Flderabad, Rep by its Chai rrnan.
\A^

2 The SeniorAccounts Officer (Operation)
Southern Power Distribution Company of AP Ltd,
Guntur,Guntur (Dt)
3 The Senior Accounts Officer (Operation)
Southern Power Distribution Company of AP Ltd,
Nellore , Nellore District
4. The Senior Accounts Officer (Operation)
Southern Power Distribution Company of AP Ltd,
Tirupathi , Chitoor District
5. The Assistants Accounts Officer E.R.O.Office

Southern Power Distribution Company of AP Ltd,
Tenali .Guntur (Dt)
6. The Assistants Accounts Officer E.R.O.Office

Southern Power Distribution Company of AP Ltd,
Ponnuru Guntur (Dt)
7 The Assistants Accounts Officer E.R.O.Office

Southern Power Distribution Company of AP Ltd
Repalli .Guntur (Dt)

...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 to issue writ or order if direction more particularly one in the nature of
Wirt of Mandamus declaring . (a) The orders passed by the first respondent in
O.P.Nos 28 to 31 of 2012, O.P.Nos 32 to 35 of 2012 , O.P.Nos 36 to 39. of
2012 .O.P.Nos 40 to 43 of 2012 , O.P.Nos 44 .to 47. of 2012 O.P.Nos 48 to

51 of 2012 ,O.P Nos 52 to 55 of 2012 and O.P.Nos 56 to 59' of 2012 dated
20-09-2012 determining the fuel surcharge adjustment for the four quarters of
2010-2011 and the four, quarters of 2011 - 2012 as being illegal and void
being violative of principles of natural justice and contrary to provisions of
regulations and law and to set aside the same, (b) To direct the respondents
to forbear from demanding and collecting any amounts towards fuel
surcharge' adjustment charges for 2010 -2011 and 2011-2012 in pursuance
there of or in pursuance of impugned orders of first respondent dated 20-09-
2012 or otherwise and to further direct them to forthwith refund and/or adjust
in future consumption bills and all amounts collected or adjusted in respect of
the same.

lA NO: 1 OF 2012(WPMP 47782 OF 2012

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be
pleased stay the collection fuel charge adjustment charges for the year for
2010-2011 and 2011-2012 in pursuance there of or in pursuance in impugned
order of first respondent dated 20.09.2012 pending disposal of the above Writ
Petition.

Counsel for the Petitioners: SRI K. V. UPENDRA GUPTA

Counsel for the Respondents :Ms. A. JYOTHI RATNA,
JUNIOR STANDING COUNSEL FOR APSPDCL

Counsel for the Respondents : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)
APHC010132722012

WRIT PETITION NO: 37713 OF 2012

Between:

1. M/s. Sri Sagar Dali Mill (7145 ), Tenali .Guntur Dist Rep.by its
M.G.Partner K.Srinivas S/o Venkata Subba Rao aged 34 years.
2. M/s.Vijaya laxmi Dali and Floor Ml (GNT 1070), Tenali , Rep.by its
Partner G.Bala Krishna S/o G.S.N.Satyanarayana aged 36 Years
3. M/s.Vijaya Laxmi Dail Mill Industry (000548), Tenali Rep.by its
Mg.Partner T.Siva Kumar S/oNarayana Murthy aged38 years.
4. M/s.Vijaya Laxmi Dali Mill Industry' (004442), Tenali, Rep.by its Partner
G.Siva Prasada Rao S/o Venkataratrsam aged 55 years.
5. M/s Chakrapani Dali Mill (0315), Tenali, Rep.by its.M.G.Partner

P.N.S.Seshadri rao S/o Venkata Subba Rao aged 54 years..
6. M/s.Vijaya Krishna Dail Mill (0122), Tenali, Rep.by its.M.G.Partner
Yekkala Laxmi Parvathi W/o Ramanaiah aged 55 years.
7. M/s.Samala Dail Mill (41837), Tenali , Rep.by its Partner N.Narendra
S/o Venkatakrsihna Murthy aged 33 years.
8. M/s. Vaaralaxmi Dail Mill (023851), Tenali , Rep.by its M.G.Partner
N.V.Krishna Murthy S/o Venkat Rao aged 60 years.
9. M/s. Krishna Industries (50311 ), Tenali , Guntur Dist Rep.by its
M.G.Partner N.V.krishna Murty S/o Venkat Rao aged 60 years;
lO.M/s.SaiSriya Agro Processing industry (48181), Tenali , Rep.by its
M.G.Partner A.Venkatasiva Rao S/o Venkatanarasaiah aged 57 Years
11.M/s. Kamakshi Agro Industry (GNT 3129), Tenali , Rep.by its
M.G.Partner A.Shyam Sunder S/o Venkat Rao aged 48 years.
12.M/s.Kamakshi Dali Mill (GNT 1316), Tenali , Rep.by its Prop A.Madhan
Mohan S/o. Venkat Rao aged 45 years.
13.M/S. Sesadri Dali Mill (GNT 1315), Tenali, Rep.by its.M.G.Partner P.
Venkat Rao S/o Kondaiah aged 63 years.
14.M/s.Hema Sai Dail Mill (GNT 0516, Tenali, Rep.by its..Partner

Ch.Koetshwar Rao, S/o. Kondaiah aged 57 years.
15.M/s.Mahendra Dali Mill (GNT 1181), Tenali Rep.by its Partner
M.Mohan Shayam Prasad S/o M.K.M.Rao aged 45 years.
16.M/s. Maharani Dali Mill (GNT 3.112), Kethavaram Rep.by its.Partner
M.Mohan Shayam Prasad S/o M.K.M.Rao aged 45 years.
17.M/S. Mattupalli Dali Mill (1156 ), Tenali , Guntur Dist Rep.by its
M.G.Partner M.Vidya Sagar S/o Chandra Shekar Rao aged 34 years.
18.M/s.Sai Dali Mill (1155), Tenali , Rep.by its Partner M.Vidya Sagar S/o
Chandra

19.M/s.Vijaya Laxmi Dali Mill (880), Tem& , Rep.by its Partner G.Siva
Prasada Rao, S/o. Venkataratnam aged 55 years
20.M/s.Kubara Dali Mill (GNT 1268), Tenali , Rep.by its Partner N.Sankar
Rao Guravaiah aged 46 years.
21.M/s. Sri Sai Laxmi Padmavathi Dalt Mill (GNT 1183), Tenali, Rep.by
its.Prop G.Sai Hiresan S/o. Subramanyam aged 47 years..
22.M/s.Rajeshwari Dail Mill (GNT 1220), Tenali, Rep.by its.M.G.Partner
Rao, S/o. Laxmichandrashekar Rao aged 46 years.
23.M/S. Lalitha Agricultural Products Grading Unit (0441), Chadalavada ,
Rep.by its Prop G.Radha Krishna Murty S/o. Venkat Subba Rao aged
62 years

24.M/s.Satyam Dail Mill (0309), Tenali , Rep.by its Prop T.Naga Praveen
Maliikarjuna Rao aged 28 years.
25.M/S.G.S.R Dail (10363), Tenali, Rep.by its Partner
T.Suryanarayana Rama Swamy sresti aged 40 years.
26.M/s.Sri Sai Teja Dail Mill (GNT 3134), Tenali, Rep.by its Prop
M.C.Sheaker Subramanayam aged 41 years
27.M/s.Laxmi Srinivasa Dali Mill (00123), Tenali, Rep.by its M.G.Partner
Ganeshwar, S/o. Subba Rao, aged 54 years
...Petitioners
AND

1. Andhra Pradesh Electricity Regulator commission, Singareni Bhavan,
Red Hiils, Hyderabad, Rep by its Chairman.
2. The Senior Accounts Officer Operation, Southern Power Distribution
Company of AP Ltd, Guntur, Guntur (Dt)
3. The Assistants Accounts Officer E R O Office, Southern Power

Distribution Company of AP Ltd, Tenali,Guntur (Dt)
...Respondents

2012 determining the fuel surcharge adjustment for the four quarters of 2010-
2011 and the four quarters of 2011 - 2012 as being illegal and void being
violative of principles of natural justice and contrary to provisions of
regulations and law and to set aside the same, (b) To direct the respondents
to forbear from demanding and collecting any amounts towards fuel surcharge
adjustment charges for 2010 -2011 and 2011-2012 in pursuance there of or in
pursuance of impugned orders of first respondent dated 20-09-2012 or

otherwise and to further direct them to forthwith refund and/or adjust in future

consumption bills and all amounts collected or adjusted in respect of the
same.

IA NO: 1 OF 2012fWPMP 47863 OF 2012

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be
pleased to direct the respondents not to demand or collect any amounts fuel
surcharge adjustment charges for the year for 2010-2011 and 2011-2012 in
pursuance there of or in pursuance of impugned orders of first respondent
dated 20.09.2012.

Counsel for the Petitioners: SRI K. V. UPENDRA GUPTA

Counsel for the Respondents :Ms. A. JYOTHI RATNA,
JUNIOR STANDING COUNSEL FOR APSPDCL

Counsel for the Respondents : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)
APHC010751982012

WRIT PETITION NO: 37899 OF 2012

Between:

1. M/s. Foods Fats & Fertilizers Ltd., Unit at Post Box No. 15, Tanuku
Road, Tadepalligudem,-534 101 W.G.Dist. Rep. by its Vice President,
(Finance) Sri R.V.S.S.S.Prasada Rao. With Service Connection

No.E LR-016 Unit at Yemagudem, Deverapally Mandal, West Godavari
District. With Service Connection No.ELR-463
2. Asia Pacific Commodities Ltd., Post Box No.15, Tanuku Road, do.
Foods Fats & Fertilizers Ltd., Tadepalligudem-534 101, W.G.Dist. Rep.
by its Vice President, (Finance) Sri R.V.S.S.S.Prasada Rao. With
Service Connection No.ELR-402

...Petitioners
AND

1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan,
Red Hills, Hyderabad, represented by its Chairman.
2. Eastern Power Distribution Company of Andhra Pradesh Ltd.,

Dabagardens, Visakhapatnam-530 020. Rep. by its Managing Director
19-

3. The Superintendent Engineer, Operation Circle, Eastern Power

Distribution Company of Andhra Pradesh Ltd, Eluru, W.G.Dist
4. The Senior Accounts Officer, Operation Circle, Eastern Power

Distribution Company of Andhra Pradesh Ltd, Eluru, W.G.Dist.
...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 to issue an appropriate Writ, Order or Direction, more particularly in
the nature of mandamus : (a) declaring the applications dated 30.7.2010
purportedly filed by the Andhra Pradesh Power Co-ordination Committee on
behalf of the distribution licences as void and non est. and declaring the
further submissions / applications dated 12/13.8.2010 filed by the distribution
licensees as also consequently non est and/or otherwise barred by time
and/or forfeiture of their claims; and consequently and otherwise declaring the
order passed by the 1®* Respondent Andhra Pradesh Electricity Regulatory
Commission in C.P. Nos. 28 to 31 of 2012 dated 20.09.2012 as illegal, null
and void being contrary to law, without power and jurisdiction and to set aside
the same; and/or (b) declaring the orders passed by the 1 Respondent
Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of
2012, O.P. Nos. 32 to 35 of 2012, O.P. Nos. 36 to 39 of 2012, O.P. Nos. 40 to
43 of 2012, O.P. Nos. 44 to 47 of 2012, O.P. Nos. 48 to 51 of 2012, O.P. Nos.
52 to 55 of 2012, O.P. Nos. 56 to 59 of 2012, all dated 20.09.2012,
determining the fuel surcharge adjustment for the four quarters of 20.10.2011
and the four quarters of 2011-2012, as being illegal, null and void being
violative of the principles of natural justice, arbitrary, irrational, unreasonable,
contrary to the provisions of the Regulations and law and/or otherwise

contrary to law and to set aside the same; and/or (c) directing the said
Respondents to forbear from demanding and collecting any amounts towards
fuel surcharge adjustment for 2010-2011 and 2011-2012 in pursuance thereof
or in
pursuance of the impugned orders of the 1®' Respondent Commission
dated 20.09.2012 or otherwise, and to further direct them to forthwith refund
1^-

and/or adjust in future consumption bills all amounts collected or adjusted in
respect of the same; and (d) granting and directing all consequential relief;

lA NO- 1 OF 2012(WPMP 48066 OF 2012

Respondent Commission dated 20.09.2012 or otherwise, and not to

disconnect electricity supply or take any coercive step whatsoever for non
payment of any such amounts or for adjustment in subsequent hills of
payments of such amounts:

lA NO: 1 OF 2013(WVMP 1236 OF 2013

Between:

1. Eastern Power Distribution Company of Andhra Pradesh Ltd.,

Dabagardens, Visakhapatnam-530 020. Rep. by its Managing Director
2. The Superintendent Engineer, Operation Circle, Eastern Power

Distribution Company of Andhra Pradesh Ltd, Eluru, W.G.Dist
3. The Senior Accounts Officer, Operation Circle, Eastern Power

Distribution Company of Andhra Pradesh Ltd, Eluru, W.G.Dist.
...Petitioners/Respondents
AND

1. M/s. Foods Fats & Fertilizers Ltd., Unit at Post Box No.15, Tanuku
Road, Tadepalligudem,-534 101 W.G.Dist. Rep. by its Vice President,
(Finance) Sri R.V.S.S.S.Prasada Rao. With Service Connection
No.E LR-016 Unit at Yemagudem, Deverapally Mandal, West Godavari
District. With Service Connection No.ELR-463
in'-

2. Asia Pacific Commodities Ltd., Post Box No.15, Tanuku Road, c/o.
Foods Fats & Fertilizers Ltd., Tadepalligudem-534 101, W.G.Dist. Rep.
by its Vice President, (Finance) Sri R.V.S.S.S.Prasada Rao. With

Service Connection No.ELR-402

...Respondents/Petitioners
3. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan,
Red Hills, Hyderabad, represented by its Chairman.
...Respondent/Respondent

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
vacate the interim orders passed on dated 10-12-2012 in W.P.M.P.No. 48066
of 2013 in W.P.No. 37899 of 2013.

Counsel for the Petitioners: SRI UMAR ABDULLAH

Counsel for the Respondents : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)
^0010239522012

WRIT PETITION NO: 38044 OF 2012

Between:

M/s. Nile Ltd., Off: Plot No.38 & 40, APIIC, I.D.A. Gajulamandyam, Renigunta
Mandal, Chittor District. Rep.by its Company Secretary, Bikram Keshari

Prusty, With service Connection No.TPT-385.
...Petitioner
AND

1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan
Red Hills, Hyderabad, represented by its Chairman.
i-c "

2. Southern Power Distribution Company of Andhra Pradesh, Ltd.,
represented by its Managing Director, Upstairs, Hero Honda Showroom,
Renigunta Road, Tirupati 517 501.
3. The Superintendent Engineer Operation Circle, Southern Power

Distribution Company of Andhra Pradesh Ltd, Chittoor, Chittoor District.
4. The Senior Accounts Officer Operation Circle, Southern Power

Distribution Company of Andhra Pradesh Ltd, Chittoor, Chittoor District.
...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 to issue an appropriate Writ, Order or Direction, more particularly in
the nature of mandamus (a) declaring the applications dated 30.7.2010
purportedly filed by the Andhra Pradesh Power Co-ordination Committee on
behalf of the distribution licences as void and non est, and declaring the
further submissions / applications dated 12/13.8.2010 filed by the distribution
licensees as also consequently non est and/or otherwise barred by time
and/or forfeiture of their claims; and consequently and otherwise declaring the
order passed by the 1st Respondent Andhra Pradesh Electricity Regulatory
Commission in O.P. Nos. 28 to 31 of 2012 dated 20.09.2012 as illegal, null
and void being contrary to law, without power and jurisdiction and to set aside
the same; and/or (b) declaring the orders passed by the 1st Respondent
Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of
2012, O.P. Nos. 32 to 35 of 2012, O.P. Nos. 36 to 39 of 2012, O.P. Nos. 40 to
43 of 2012, O.P. Nos. 44 to 47 of 2012, O.P. Nos. 48 to 51 of 2012, O.P. Nos.
52 to 55 of 2012, O.P. Nos. 56 to 59 of 2012, all dated 20.09.2012,
determining the fuel surcharge adjustment for the four quarters of 2010-2011
and the four quarters of 2011-2012, as being illegal, null and void being
violative of the principles of natural justice, arbitrary, irrational, unreasonable,
contrary to the provisions of the Regulations and law and/or otherwise

contrary to law and to set aside the same; and/or (c) directing the said
Respondents to forbear from demanding and collecting any amounts towards
a-) -

fuel surcharge adjustment for 2010-2011 and 2011-2012 in pursuance thereof
or in pursuance of the impugned orders of the 1st Respondent Commission
dated 20.09.2012 or otherwise, and to further direct them to forthwith refund

and/or adjust in future consumption bills ali amounts collected or adjusted in
respect of the same; and (d) granting and directing all consequential relief;

lA NO: 1 OF 2012(WPMP 48262 OF 2012

Respondent Commission dated 20.09.2012 or otherwise, and not to

disconnect electricity supply or take any coercive step whatsoever for non
payment of any such amounts or for adjustment in subsequent bills of

payments of such amounts.

Counsel for the Petitioner: SRI UMAR ABDULLAH

Counsel for the Respondents :Ms. A. JYOTHI RATNA,
JUNIOR STANDING COUNSEL FOR APSPDCL

Counsel for the Respondents : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)
APHC010048582012

3^1

WRIT PETITION NO: 38167 OF 2012

Between:

M/s. Concast Ferro Inc., Unit of Dankuni Steels Ltd Off: Dusi Village
Amadalvalasa Mandal, Srikakulam District. Rep. By its Authorised Signatory
r-

Shri Mahendra Kumar Sanghai S/o. Shri Late Ram Niwas Sanghai With
Service Connection No.SKL -162.

...Petitioner
AND

1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan,
Red Hills, Hyderabad, represented by its Chairman.
2. Eastern Power Distribution Company of Andhra Pradesh Ltd,

represented by its Managing Director, Sai Shakti, Opp Saraswati Park,
Daba Gardens, Visakhapatnam 530 020.
3. The Superintendent Engineer Operation Circle Eastern Power

Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam
District.

4. The Senior Accounts Officer Operation Circle, Eastern Power

Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam
District.

...Respondents

purportedly filed by the Andhra Pradesh Power Co-ordination Committee on
behalf of the distribution licences as void and non est, and declaring the
further submissions / applications dated 12/13.8.2010 filed by the distribution
licensees as also consequently non est and/or otherwise barred by time
and/or forfeiture of their claims; and consequently and otherwise declaring the
order passed by the 1®* Respondent Andhra Pradesh Electricity Regulatory
Commission in O.P. Nos. 28 to 31 of 2012 dated 20.09.2012 as illegal, null
and void being contrary to law, without power and jurisdiction and to set aside
the same; and/or (b)declaring the orders passed by the 1®' Respondent
Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of
2012, O.P. Nos. 32 to 35 of 2012, O.P. Nos. 36 to 39 of 2012, O.P. Nos. 40 to
43 of 2012, O.P. Nos. 44 to 47 of 2012, O.P. Nos. 48 to 51 of2012, O.P. Nos.
52 to 55 of 2012, O.P. Nos. 56 to 59 of 2012, all dated 20.09.2012,
determining the fuel surcharge adjustment for the four quarters of 2010-2011
and the four quarters of 2011-2012, as being illegal, null and void being
violative of the principles of natural justice, arbitrary, irrational, unreasonable,
contrary to the provisions of the Regulations and law and/or otherwise

contrary to law and to set aside the same; and/or (c) directing the said
Respondents to forbear from demanding and collecting any amounts towards
fuel surcharge adjustment for 2010-2011 and 2011-2012 in pursuance thereof
or in pursuance of the impugned orders of the 1®' Respondent Commission
dated 20.09.2012 or otherwise, and to further direct them to forthwith refund

and/or adjust in future consumption bills all amounts collected or adjusted in
respect of the same; and (d) granting and directing all consequential relief;

lA NO: 1 OF 2012(WPMP 48403 OF 2012

Respondent Commission dated 20.09.2012 or otherwise, and not to

disconnect electricity supply or take any coercive step whatsoever for non
payment of any such amounts or for adjustment in subsequent bills of

payments of such amounts.

lA NO: 1 OF 2013(WVMP 792 OF 2013

1. Eastern Power Distribution Company of Andhra Pradesh Ltd,

represented by its Managing Director, Sai Shakti, Opp Saraswati Park,
Daba Gardens, Visakhapatnam 530 020.
2. The Superintendent Engineer Operation Circle Eastern Power

Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam
District.

3. The Senior Accounts Officer Operation Circle Eastern Power

Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam
District.

...Petitioner
AND

1. M/s. Concast Ferro Inc., Unit of Dankuni Steels Ltd Off; Dusi

Village, Amadalvalasa Mandal, Srikakulam District. Rep. By its
Authorised Signatory, Shri Mahendra Kumar Sanghai S/o. Shri Late
Ram Niwas Sanghai With Service Connection No.SKL -162.
...Respondent/Petitioner
2. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan,
Red Hills, Hyderabad, represented by its Chairman.
...Respondent/Respondent

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
vacate the interim orders passed on dated 11-12-2012 In W.P.MP.No. 48403
OF 2012 IN W.P.No.38167 of 2012.

Counsel for the Petitioner: SRI U.MAR ABDULLAH

Counsel for the Respondents :Ms. A. JYOTHI RATNA,
JUNIOR STANDING COUNSEL FOR APSPDCL

Counsel for the Respondents : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL
n-'-

APHC010134042012

WRIT PETITION NO: 38306 OF 2012

Between:

M/s.Aruna Paper Board Mills Pvt.Ltd., Off: Suryarao Palem, Undrajavaram
Mandal, Tanuku, West Godavari District. Rep. By its Managing Director, Shri
V.V. Subba Rao With Service Connection No.ELR-028.

...Petitioner
AND

1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan,
Red Hills, Hyderabad, represented by its Chairman.
2. Eastern Power Distribution Company of Andhra Pradesh, Ltd.,

represented by its Managing Director, Sai Shakti, Opp Saraswati Park,
Daba Gardens, Visakhapatnam 530 020.
3. The Superintendent Engineer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari
District.

4. The Senior Accounts Officer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari
District.

...Respondents

#
and/or forfeiture of their claims; and consequently and otherwise declaring the
order passed by the 1st Respondent Andhra Pradesh Electricity Regulatory
Commission in O.P. Nos. 28 to 31 of 2012 dated 20.09.2012 as illegal, null
and void being contrary to law, without power and jurisdiction and to set aside
the same; and/or (b) declaring the orders passed by the 1st Respondent
Andhra Pradesh Electricity Regulatory Commission in O.P. Nos. 28 to 31 of
2012, O.P. Nos. 32 to 35 of 2012, O.P. Nos. 36 to 39 of 2012, O.P. Nos. 40 to
43 of 2012, O.P. Nos. 44 to 47 of 2012, O.P. Nos. 48 to 51 of 2012, O.P. Nos.
52 to 55 of 2012, O.P. Nos. 56 to 59 of 2012, all dated 20.09.2012,
determining the fuel surcharge adjustment for the four quarters of 2010-2011
and the four quarters of 2011-2012, as being illegal, null and void being
violative of the principles of natural justice, arbitrary, irrational, unreasonable,
contrary to the provisions of the Regulations and law and/or otherwise
contrary to law and to set aside the same; and/or (c) directing the said
Respondents to forbear from demanding and collecting any amounts towards
fuel surcharge adjustment for 2010-2011 and 2011-2012 in pursuance thereof
or in
pursuance of the impugned orders of the 1st Respondent Commission
dated 20.09.2012 or otherwise, and to further direct them to forthwith refund
and/or adjust in future consumption bills all amounts collected or adjusted in
respect of the same; and (d) granting and directing all consequential relief;

lA NO: 1 OF 2012rWPMP 48574 OF 2012

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be
pleased to direct the Respondent distribution hcensee(s) not to demand or
collect any amounts towards fuel surcharge adjustment for the year 2010-
2011 or 2011-2012 pursuant to any of the impugned orders of the 1st
Respondent Commission dated 20.09.2012 or otherwise, and not to
disconnect electricity supply or take any coercive step whatsoever for non
payment of any such amounts or for adjustment in subsequent bills of

payments of such amounts.
-

lA NO: 1 OF 2013fWVMP 946 OF 2013

Between:

1. Eastern Power Distribution Company of Andhra Pradesh, Ltd.,

represented by its Managing Director, Sai Shakti, Opp Saraswati Park,
Daba Gardens, Visakhapatnam 530 020.
2. The Superintendent Engineer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari
District.

3. The Senior Accounts Officer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari
District.

...Petitioners/Respondents
AND

1. M/s.Aruna Paper Board Mills Pvt.Ltd.,Off: Suryarao Palem,
Undrajavaram Mandal, Tanuku, West Godavari District. Rep. By its
Managing Director, Shri V.V. Subba Rao With Service Connection
No.ELR-028.

...Respondent/Petitioner
2. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan,
Red Hills, Hyderabad, represented by its Chairman.
...Respondent/Respondent

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
vacate the interim orders passed on dated 12-12-2012 In W.P.MP.NO 48574
OF 2012 IN W.P.No. 38306 of 2012.

Counsel for the Petitioner: SRI UMAR ABDULLAH
Counsel for the Respondents :Ms. A. JYOTHI RATNA,
JUNIOR STANDING COUNSEL FOR APSPDCL
Counsel for the Respondents : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL
-

APHC010562882012

WRIT PETITION NO: 38333 OF 2012

Between:

M/s. Shanti Castings Ltd., 57 IDA, Thumukunta, Hindupur, Anantapur Dist.,
Rep. by its Authorised Signatory, Mr.J Madhukumar, s/o.J Aswartha

Narayana, aged 33 years, r/o.H No.5-5-204, Lakshmipuram, Hindupur,
Anantapur Dist.
...Petitioner
AND

1. A.P. Electricity Regulatory Commission, 4'^ Floor, Singareni Bhavan,
Red Hills, Hyderabad rep. by the Secretary.
2. The Central Power Distribution Company, Andhra Pradesh Limited

Rep., by its Managing Director, Mint Compound, Hyderabad.
3. Central Power Distribution Company, Andhra Pradesh Limited,

Anantapur, Rep., by its Superintendent Engineer (Operations)
Anantapur Dist.
4. The Senior Accounts Officer, Andhra Pradesh Limited, Anantapur,
Anantapur Dist.
...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 to issue a writ or order of direction more particularly one in the nature
of Writ of Mandamus declaring: (a) A P E R C (Conduct Business) (Third
Amendment) Regulations, 2006 in so far as permitting the 2"^ respondent to
recover charges on account of power purchases made by it from other
sources, fixed charges, etc., under the head of FSA charges and (b)
Condition No.1 of the APERC (Conduct Business) Amendment Regulations
No.1/2011 as highly illegal, arbitrary, irrational and contrary to the Article 14,
2-^1

19 and 21 of the Constitution of India and also declare (c) order in OP Nos.

28, 32, 36 & 40/2012 and OP Nos.44, 48, 55 85 58/2012, dt.20.09.2012 of the
tat respondent as illegal, arbitrary, and contrary to the conditions No.6 of
APETC (Conduct Business) (3*^^ Amendment) Regulations of 2006 and also
violative of Article 14, 19 and 21 of Constitution of India and consequently, set
aside the same.

lA NO: 1 OF 2012(WPMP 48607 OF 2012

Counsel for the Petitioner: SRI K. BHEEMA RAO

Counsel for the Respondents : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL
APHC010045592012

WRIT PETITION NO: 38567 OF 2012

Between:

Devi Sea Foods Ltd., Paravali Road, Tanuku, West Godavari District, rep.by
its Manager, V.B.V.Giri Prasad S/o.Govinda Rao, aged.63 years, R/o.
Mulaguntapadu Village, Singarayakonda Mandal, Prakasam District.
...Petitioner
AND

1. Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan,
Red Hills, Hyderabad, represented by its Chairman.
30 -

2. Eastern Power Distribution Company of, Andhra Pradesh Ltd., P &T
Colony, Seethammadhara, Visakhapatnam -13 Rep by its Managing
Director.

3. The Superintendent Engineer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari
District.

4. The Senior Accounts Officer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari
District.

5. Government of A P rep by its Principal, Secretary to Govt., Energy
Department, A.P. Secretariat, Hyderabad.
...Respondents

illegal and to set aside the same, and directing the said respondents to forbear
from demanding and collecting any amounts towards fuel surcharge
adjustment for 2010-2011 and 2011-2012 in pursuance thereof or in

pursuance of the impugned orders of the 1®* respondent Commission dated
20-9-2012 or otherwise, and to further direct them to forthwith refund and / or
adjust in future consumption bills all amounts collected or adjusted in respect
-

of the same; and c)lssuing the Bill demanding to pay FSA charges inrespect
of service connection No.ELR 383;

lA NO: 1 OF 2012(WPMP 48915 OF 2012

collect any amounts towards fuel surcharge adjustment for the year 2010-
2011 or 20112012 pursuant to their newspaper notice 24-9-2012 or pursuant
to any of the impugned orders of the 1®* respondent Commission dated 20-9-
2012 or otherwise, and not to disconnect electricity supply take any coercive
step whatsoever for non-payment of any such amounts or for adjustment in
subsequent bills of payments of such amounts in respect of Service

Connection No. No.ELR 383 pending the above writ petition.

lA NO: 1 OF 2013rWVMP 929 OF 2013

Between:

1. Eastern Power Distribution Company of, Andhra Pradesh Ltd., P &T
Colony, Seethammadhara, Visakhapatnam -13 Rep by its Managing
Director.

2. The Superintendent Engineer Operation Circle Eastern Power

Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari
District.

3. The Senior Accounts Officer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari
District.

...Petitioner
AND
1.
Devi Sea Foods Ltd., Paravali Road, Tanuku, West Godavari District,
rep.by its Manager, V.B.V.Giri Prasad S/o.Govinda Rao, aged.63 years,
R/o. Mulaguntapadu Village, Singarayakonda Mandal, Prakasam

District.

... Respondent/Petitioner
2.
Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan,
Red Hills, Hyderabad, represented by its Chairman.
3.
Government of A P rep by its Principal, Secretary to Govt., Energy
Department, A.P. Secretariat, Hyderabad.
...Respondents/Respondents

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
vacate the interim orders passed on dated 14-12-2012 in WPMP No. 48915 of
2012 in WP No. 38567 of 2012.

Counsel for the Petitioner: SRI M. SAI TEJA FOR
SRI MADHAVA RAO NALLURI

Counsel for the Respondent Nos.1 to 4 : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)
Counsel for the Respondent No.5 : GP FOR ENERGY

APHC010637502012

WRIT PETITION NO: 38998 OF 2012

Between:

M/s. Cosy World Resorts Ltd., Rep by its Managing Director, M. Gowtham S/o
Gopal Krishna, Age 36 years, Hindu, R/o. D .No.67-15-32, Nagamalli Thota
Junction, Kakinada, East Godavari District.
...Petitioner
AND
3^ -

1. The Government of Andhra Pradesh, Represented by its Principal
Secretary, Energy Department, Secretariat, Saifabad, Hyderabad
2. The Secretary, The AP Electricity Regulatory Commission (APERC),
Singareni Bhavan, Red Hills, Hyderabad.
3. Andhra Pradesh Eastern Power Distribution Company Ltd,
Represented by its Chairman and Managing Director, Corporate office,
near Gurudwara, Seethammadhara, Postal Colony, Visakhapatnam
(PO).
4. The Superintending Engineer, APEPDCL, Vidyut Sakha Bhavan,
Godavari Bund, Rajahmundry, East Godavari District.
5. The Senior Accounts Officer, 0/o.The Superintending Engineer,
APEPDCL, Vidyut Sakha Bhavan, Godavari Bund, Rajahmundry, East
Godavari District.

...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 to issue an appropriate Order, Writ or Direction more particularly one
in the nature of Writ of Mandamus by declaring that the FSA orders passed by
2"^^ respondent on 20-9-2012 for the financial years 2010-11 and 2011-12 as
published in news paper dt 24.09.2012 and the collection schedule of FSA
circulated by the 4*'' and 5^^ respondents for including FSA amounts for FY
2010-11, 2011-12 for November 2012, including the amount in CC bills for
November 2012 demanding the same for its payment under the threat of
disconnecting power supply to the industrial units of the petitioner as, illegal,
unjust, arbitrary, discriminatory, violative of Articles 14, 19{g) of Constitution of
India, contrary to the provisions of the Electricity Act 2003, more particularly in
gross violation of Section 64 proviso there to, and thus to set aside the same
in the interest of justice.
#
lA NO: 1 OF 2012(WPI\/IP49477 OF 2012

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be
pleased to suspend the operation of FSA orders dt 20-9-2012 towards F-Y
2010-11 & 2011-12, together with collection schedule of FSA circulated by the
2'^ respondent since the 5**^ respondent is threatening disconnection of power
supply of the petitioners service connections till the final disposal of the main
Writ Petition, in the interest of justice.

Counsel for the Petitioner: M/s. BS KARTIK & PRASAD ESR

Counsel for the Respondent No.1 : GP FOR ENERGY

Counsel for the Respondent Nos.2 to 5 : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)
APHC010297162012

WRIT PETITION NO: 39154 OF 2012

Between:

1. M/s.Bhimas Residency Hotels Ltd., (Consumer No.TPT 226), A
company incorporated Under Companies Act, 1956 having its

Registered Office at 34-38, G.Car Street, Tirupathi, Chittoor District

Represented by its Director K. R.Venkatachalam.
2. M/s. Bhimas Hotels Limited, (Consumer No.TPT022 stands in the name
Hotel Bhimas), A Company incorporated Under Companies Act, 1956
having its Registered Office at Office at 34-38, G.Car Street, Tirupathi,
Chittoor District Represented by its Director K. R.Venkatachalam .

...Petitioners
AND

1. Andhra Pradesh Electricity Regulatory Commission, 4**^ & 5 Floor,

Singareni Bhavan, Red Hills, Hyderabad, Represented by its Secretary.
-

2. Southern Power Distribution Company of Andhra Pradesh Ltd, having
its Corporate office at Door No. 19-65/A, Sreenivasapuram, Tiruchanoor
Road, Tirupathi, Chittoor District, Andhra Pradesh. Represented by its
Chairman and Managing Director.
3. The Superintendent Engineer, Operation Circle, Southern Power

Distribution Company of Andhra Pradesh Ltd, Chittoor District, Having
its office at Bhavani Nagar, Tirupathi, Chittor District, Andhra Pradesh
4. The Senior Accounts Officer, Operation Circle, Southern Power

Distribution Company of Andhra Pradesh Ltd, Chittoor District, Having
its office at Bhavani Nagar, Tirupathi, Chittoor District, Andhra Pradesh
...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 to 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 O.P.No.44 to 59 of 2012 for Financial
Year 2011-12 and Common order dated 2-11-2012 in O.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.

lA NO: 1 OF 2012(WPMP 49718 OF 2012

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ 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
3i -

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 1 quarter of Financial Year
2012-12 made by the Respondent No.1 Commission, from the petitioners.
Counsel for the Petitioners: SRI DHULIPALLA V. A. S. RAVI PRASAD
Counsel for the Respondents : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)
APHC010457232012

WRIT PETITION NO: 39173 OF 2012

Between:

1. M/s.Krishna Sai Granites Indian Pvt. Ltd., (ONG325) S.N.Padu Village
& Mandal, Prakasam District., Rep.by its Managing Director, Sidda
Hanumantha Rao S/o. Venkata Rao,
2. M/s.Krishna Sai Granites, (ONG237), S.N.Padu Village & Mandal,
Prakasam District., Rep.by its Managing Partner, Sidda Hanumantha
Rao S/o. Venkata Rao,
3. M/s.Krishna Sai Granites, (ONG311), S.N.Padu Village & Mandal,
Prakasam District., Rep.by its Managing Partner, Sidda Hanumantha
Rao S/o. Venkata Rao,
4. M/s.Manikanta Minerals, (ONG300), Chimakurthy Village & Mandal,
Prakasam District., Rep.by its Managing Partner Sidda Venkatewara
Rao S/o. Venkata Rao,
5. M/s.Manikanta Minerals, (ONG310), R.L.Puram Village, Chimakurthy
Mandal, Prakasam District., rep.by its Managing Partner Sidda
Venkatewara Rao S/o. Venkata Rao,
...Petitioners
AND
1. The Andhra Pradesh Electricity Regulatory Commission, Singareni
Bhavan, Red Hills, Hyderabad, represented by its Chairman.
2. Southern Power Distribution Company of Andhra Pradesh, Ltd.,

Srinivasapuram, Tiruchanoor Road, Tirupati., Represented by its
Managing Director.
3. The Superintendent Engineer Operation Circle, Southern Power

Distribution Company of Andhra Pradesh Ltd., Ongole, Prakasam

District.

4. The Senior Accounts Officer Operation Circle, Southern Power

Distribution Company of Andhra Pradesh Ltd., Ongole.
5. Government of A P rep by its Principal Secretary, to Govt., Energy
Department, A.P. Secretariat, Hyderabad.
...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 to issue an appropriate Writ, order or direction, more particularly in
the nature of Mandamus; a) declaring the orders passed by the 1®' respondent
Andhra Pradesh Electricity Regulatory Commission in O.P.No. 31 of 2012,
O.P.No. 35 of 2012, O.P.No.39 of 2012, O.No. 43 of 2012, O.P.No.47 of 2012,

O.P.No.50 of 2012, O.P.No. 52 of 2012, O.P.No. 56 of 2012, all dated 20-9-

2012 determining the fuel surcharge adjustment for the four quarters of 2010-
2011 and the four quarters of 2011-2012, as being illegal, null and void being
violative of the principles of natural justice arbitrary, irrational, unreasonable,
contrary to the provisions of the Regulations and law and / or otherwise

contrary to law and to set aside the same; and /or. b) declaring the newspaper
notice dated 24-9-2012 issued by the distribution licensees as illegal and to
set aside the same, and directing the said respondents to forbear from
demanding and collecting any amounts towards fuel surcharge adjustment for
2010-2011 and 2011-2012 in pursuance thereof or in pursuance of the
impugned orders of the 1 respondent Commission dated 20-9-2012 or
otherwise, and to further direct them to forthwith refund and / or adjust in
3^-

future consumption bills all amounts collected or adjusted in respect of the
same.

lA NO: 1 OF 2012fWPMP 49740 OF 2012

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be
pleased direct the respondents distribution licensee not to demand or collect
any amounts towards fuel surcharge adjustment for the year 2010-2011 or
2011- 2012 pursuant to their newspaper notice 24-92012 or pursuant to any of
the impugned orders of the 1®* respondent Commission dated 20-9-2012 or
otherwise, and not to disconnect electricity supply take any coercive step
whatsoever for non-payment of any such amounts or for adjustment in
subsequent bills of payments of such amounts pending the above writ petition.

Counsel for the Petitioners: SRI M. SAI TEJA FOR
SRI MADHAVA RAO NALLURI

Counsel for the Respondent Nos.1 to 4 : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)
Counsel for the Respondent No.5 : GP FOR ENERGY
APHC010678452012

WRIT PETITION NO: 39330 OF 2012

Between:

Sri Durga Manikyamba Rice Mill, Represented by its Proprietor, A. Hah Rama
Krishna, Sultana Nagaram, Machilipatnam, Krishna District.
...Petitioner
AND

1. A.P. Electricity Regulatory Commission, Represented by its Secretary,
Red Hills, Hyderabad.
2. Southern Power Distribution Company of, A.P. Limited represented by
its Chairman & Managing Director, Vijayawada, Krishna District.
3. The Superintending Engineer Operation Circle, Southern Power

Distribution Company of A.P. Limited, Vijayawada, Krishna District.
4. The Senior Accounts Officer, Southern Power Distribution Company of
A.P. Limited, Vijayawada, Krishna District.
...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 to issue an order, direction or writ more particularly one in the nature
of Writ of Mandamus declaring the orders of the 1®' respondent dt.20.09.2012
determining the Fuel Surcharge Adjustment for the four quarters of 2010-2011
and four quarters of 2011-2012 as illegal, arbitrary, unjust, irrational,
unauthorized and Articles 14 and 19 of Constitution of India and consequently
set aside the same.

lA NO: 1 OF 2012fWPMP 49945 OF 2012

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be
pleased to direct the respondents 2 to 4 herein not to demand or collect any
amount towards the Fuel Surcharge Adjustment (FSA) for the years 2010-
2011 or 2011-2012 pursuant to orders of the 1®* Respondent Commission
dated 20.09.2012 and not to disconnect electricity supply for nonpayment of
any such amounts in so far as the Service Connection No. VJA 1021 of the

Petitioner Rice Mill is concerned, pending disposal of the above writ petition.

Counsel for the Petitioners: SRI A. VEERASWAMY

Counsel for the Respondents : Ms. AISWARYA CHOWDARY
FOR SRI V. V. SATISH (SC for APEPDCL)

The Court made the following Common order:
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD

WRIT PETITION NOs: 37440, 37557. 37648, 37713, 37899. 38044, 38167
38306, 38333. 38567, 38998. 39154, 39173 and 39330 of 2012

The Court made the following ORAL COMMON ORDER:

Heard Sri P. Narasimha Rao, Ld. Counsel for the Writ Petitioners (in
W.P.No.37440 of 2012), Sri M. Sai Teja, learned Counsel appearing on behalf
of Sri Madahava Rao Nalluri, Ld. Counsel for the Writ Petitioners (in W.P.Nos.
38567 and 39173 of 2012), Sri Umar Abdullah, Ld. Counsel for the Writ
Petitioners in (W.P.Nos. 38306, 37899, 38044 and 38167 of 2012), Ms. A.
Jyothi Ratna, learned Junior Standing Counsel for APSPDCL and Ms.

Aiswarya Chowdary, Ld. Counsel appearing on behalf of Sri V.V.Satish, Ld.
Counsel for the Respondents.

2. Ms. A. Jyothi Ratna, learned Junior Standing Counsel for APSPDCL
has placed on record 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 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 (Civil Appeal
No.5542 of 2016 and batch) governs the field and 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
2

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 othervdse 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 batch of Writ Petitions 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, this batch of Writ Petitions is disposed of in
terms of the above extract in W.P.No.34450 of 2012 dated 09.12.2024. No
Order as to Costs.

6. Interlocutory Applications, if any, stand closed in terms of this order.

Sd/- K. TATA RAO
//TRUE COPY// DEPUTY REGISTRAR

SECTION OFFICER
To,

1. The Principal Secretary to Government. Energy Department,
Government of Andhra Pradesh, AP Secretariat, Velagapudi,
Amaravati, Guntur District.

2. The Secretary, The AP Electricity Regulatory Commission (APERC)
Kurnool.

3. The Chairman & Managing Director, A P Eastern Power Distribution CO
Ltd, APEPDCL, Corporate office, near Gurudwara, Seethammadhara,
Postal colony, Visakhapatnam(PO)
4. The Superintending Engineer, APEPDCL, Vidyut sakha bhavan,

Godavari bund, Rajahmundry-1.
5. The Senior Accounts Officer, O/o. The Superintending Engineer,
APEPDCL, Vidyutsakha Bhavan, Godavari bund, Rajahmundry-1.
6. The Senior Accounts Officer Operation, Southern Power Distribution
Company of AP Ltd, Ongole, Prakasam District.
7. The Senior Accounts Officer Operation, Southern Power Distribution

Company of AP Ltd, Nellore, Nellore District.
8. The Assistants Accounts Officer, E.R.O.Office Southern Power

Distribution Company of AP Ltd, Kandukur, Prakasam (Dt)
9. Senior Accounts Officer Operation, Southern Power Distribution

Company of AP Ltd, Guntur, Guntur (Dt)
10.The Senior Accounts Officer Operation, Southern Power Distribution

Company of AP Ltd, Nellore , Nellore District.
11.The Senior Accounts Officer Operation, Southern Power Distribution

Company of AP Ltd, Tirupathi Chitoor District.
12.The Assistants Accounts Officer E R O Office, Southern Power

Distribution Company of AP Ltd, Tenali, Guntur (Dt)
13.The Assistants Accounts Officer E R O Office, Southern Power

Distribution Company of AP Ltd, Ponnuru, Guntur (Dt)
14.The Assistants Accounts Officer E R O Office, Southern Power

Distribution Company of AP Ltd, Repalli ,Guntur (Dt)
15. The Managing Director, Eastern Power Distribution Company of
Andhra Pradesh Ltd., Dabagardens, Visakhapatnam-530 020.
le.The Superintendent Engineer, Operation Circle, Eastern Power

Distribution Company of Andhra Pradesh Ltd, Eluru, W.G. District.
17.The Senior Accounts Officer, Operation Circle, Eastern Power

Distribution Company of Andhra Pradesh Ltd, Eluru, W.G. District.
18.The Managing Director, Southern Power Distribution Company of
Andhra Pradesh, Ltd., Upstairs, Hero Honda Showroom, Renigunta
Road, Tirupati 517 501.
19.The Superintendent Engineer Operation Circle, Southern Power

Distribution Company of Andhra Pradesh Ltd, Chittoor, Chittoor District.
20.The Senior Accounts Officer Operation Circle, Southern Power

Distribution Company of Andhra Pradesh Ltd, Chittoor, Chittoor District.
21.The Managing Director, Eastern Power Distribution Company of
Andhra Pradesh Ltd, Sai Shakti, Opp Saraswati Park, Daba Gardens,
Visakhapatnam 530 020.
22.The Superintendent Engineer Operation Circle, Eastern Power

Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam
District.

23.The Senior Accounts Officer Operation Circle, Eastern Power

Distribution Company of Andhra Pradesh Ltd, Srikakulam, Srikakulam
District.

24. The Managing Director, Eastern Power Distribution Company of
Andhra Pradesh, Ltd., Sai Shakti, Opp Saraswati Park, Daba Gardens,
Visakhapatnam 530 020.
25.The Superintendent Engineer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari
District.

26.The Senior Accounts Officer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd, Tanuku, West Godavari
District.

27.The Managing Director, Central Power Distribution Company, Andhra
Pradesh Limited, Vijayawada.
28.The Superintendent Engineer (Operation Central Power Distribution

Company, Andhra Pradesh Limited, Anantapur, Anantapur Dist.
29.The Senior Accounts Officer, Andhra Pradesh Limited, Anantapur,

Anantapur Dist.
30.The Managing Director Eastern Power Distribution Company of,
Andhra Pradesh Ltd., P &T Colony, Seethammadhara, Visakhapatnam -
31.The Superintendent Engineer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari
District.

32.The Senior Accounts Officer Operation Circle Eastern, Power

Distribution Company of Andhra Pradesh Ltd., Eluru, West Godavari
District.

33. The Chairman and Managing Director, Andhra Pradesh Eastern Power
Distribution Company Ltd, Represented by its , Corporate office, near
Gurudwara, Seethammadhara, Postal Colony, Visakhapatnam (PO).
34.The Superintending Engineer, APEPDCL, Vidyut Sakha Bhavan,

Godavari Bund, Rajahmundry, East Godavari District.
35.The Senior Accounts Officer, O/o.The Superintending Engineer,
APEPDCL, Vidyut Sakha Bhavan, Godavari Bund, Rajahmundry, East
Godavari District.

36.The Managing Director Southern Power Distribution Company of
Andhra Pradesh, Ltd., Srinivasapuram, Tiruchanoor Road, Tirupati.
37.The Superintendent Engineer Operation Circle, Southern Power

Distribution Company of Andhra Pradesh Ltd., Ongole, Prakasam

District.

38.The Senior Accounts Officer Operation Circle, Southern Power

Distribution Company of Andhra Pradesh Ltd., Ongole.
39.The Chairman & Managing Director, Southern Power Distribution

Company of, A.P. Limited, Vijayawada, Krishna District.
40.The Superintending Engineer Operation Circle, Southern Power

Distribution Company of A.P. Limited, Vijayawada, Krishna District.
41.The Senior Accounts Officer, Southern Power Distribution Company of
A.P. Limited, Vijayawada, Krishna District.
42.One CC to Sri P. Narasimha Rao, Advocate [OPUC]
43.One CC to Sri K.V. Upendra Gupta, Advocate [OPUC]
44.One CC to Sri Umar Abdullah, Advocate [OPUC]
45.One CC to Sri K. Bheema Rao, Advocate [OPUC]
46.0ne CC to Sri Madhava Rao Nalluri, Advocate [OPUC]
47.0ne CC to M/s. BS Kartik/Prasad ESR, Advocate [OPUC]
48.0ne CC to Sri Dhulipalla V.A.S. Ravi Prasad, Advocate [OPUC]
49.One CC to Sri A. Veeraswamy, Advocate [OPUC]
SO.One CC to Sri V. V. Satish, (SC for APEPDCL) [OPUC]
51 .One CC to Ms. A. Jyothi Ratna, (SC for APSPDCL) [OPUC]
52.TWO CCs to GP for Energy, High Court of Andhra Pradesh. (OUT)
53.TWO CD Copies
Cnr
HIGH COURT CNR

DATED:22/07/2025

COMMON ORDER

WP. Nos: 37440, 37557, 37648, 37713, 37899, 38044, 0 s *r3 OT eo.

38167, 38306, 38333, 38567, Current Section 38998, 39154, 39173 and 39330 of 2012 DISPOSING OF THE W.Ps WITHOUT COSTS

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