Telangana High Court
WP/10824/2011 of M/s.Good Health Agro Tech Ltd., Off at Suryaraopeta Vs Andhra Pradesh Electicity Regulatory Commission, on 29 December 2011
SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10824 of 2011 Date: 29.12.2011 Between: M/s Good Health Agro Tech Ltd., Suryaraopeta, Kakinada, Reptd by its Branch Manager- Mr.Shyam Sunder Vyas and another. ..... Petitioners AND The A.P. Electricity Regulatory Commission, Hyderabad, Reptd by its
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.10824 of 2011
Between:
Date: 29.12.2011
M/s Good Health Agro Tech Ltd., Suryaraopeta,Kakinada, Reptd by its Branch Manager-Mr.Shyam Sunder Vyas and another.
..... Petitioners
AND
The A.P. Electricity Regulatory Commission,Hyderabad, Reptd by its Chairman,And four others.
.....Respondents
Counsel for the Petitioner: Sri N.Jeevan Kumar Counsel for Respondent No.1: Sri P.Sriraghu Ram Counsel for respondent Nos.2 to 5: Sri O.Manoher Reddy Standing Counsel for APCPDCL
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ORDER:
This Writ Petition is filed assailing order, dated 05-06-2010, of respondent No.1, whereby he hasdetermined Fuel Surcharge Adjustment (FSA) for thefinancial year 2008-2009.
At the hearing, it has come out that a batch of WritPetitions, filed raising identical issues and questioning the order of respondent No.1, which is impugned in this WritPetition, was disposed of by a learned single Judge of thisCourt on 29-07-2011 in India Cements Ltd. and another Vs.
Chairman, APSERC, Hyderabad and others[[1]].
A perusal of the judgment in the aforesaid batch ofcases shows that the learned Judge set aside theimpugned order of respondent No.1 with liberty to theDISCOMs to file applications afresh, claiming FSA, anddirecting respondent No.1 to consider and deicide the samein accordance with law, if and when such applications werefiled.
Having regard to the above judgment, which appliesto the present case, this Writ Petition is allowed in terms ofthe said judgment and to the extent indicated therein.
__________________________
C.V.NAGARJUNA REDDY, J
29[th] December 2011DR
[1]2011 (5) ALT 188