Telangana High Court
WP/11191/2011 of M/s. Sri Vijaya Durga Industries, rep. by T.Sathi Reddy, Vs The AP Eastern Power Distribution Co., Ltd., Rep. by its on 29 December 2011
C.V.NAGARJUNA REDDY WRIT PETITION No.11191 of 2011 Date: 29.12.2011 Between: M/s Sri Vijaya Durga Industries, Reptd by T.Sathi Reddy ..... Petitioner AND The A.P.Eastern Power Distribution Company Ltd., Reptd by its Chairman and Managing Director, Visakhapatnam and two others.
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.11191 of 2011
Between:
Date: 29.12.2011
M/s Sri Vijaya Durga Industries, Reptd byT.Sathi Reddy
AND
..... Petitioner
The A.P.Eastern Power Distribution Company Ltd.,Reptd by its Chairman and Managing Director,Visakhapatnam and two others.
.....Respondents
Counsel for the Petitioner: Sri P.Narasimha Rao Counsel for Respondent Nos.1 & 2: Smt Jyothi EswarGogineni Standing Counsel for APEPDCL
Counsel for respondent No.3: Sri P.Sri Raghuram The Court made the following:
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ORDER:
This Writ Petition is filed assailing order, dated 05-06-2010, of respondent No.3, 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 theorder of respondent No.3, which is impugned in this Writ Petition, 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.3 with liberty to theDISCOMs to file applications afresh, claiming FSA, anddirecting respondent No.3 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.
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C.V.NAGARJUNA REDDY, J29[th] December 2011DRDR
[1]2011 (5) ALT 1882011 (5) ALT 188