WP/2272/2013 of M/S SIVA SANKAR ICE FACTORY, PRAKASAM DIST. & 2 OT Vs SECRETARY., A.P.E.R.C., HYD & 4 OT on 11 March 2026

APHC010618872013

IN THE HIGH COURT OF ANDHRA

PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

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

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

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, 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

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:

NJS,J

W.P.No.2272 of 2013