WP/579/2013 of M/S.ANASUYA ICE FACTORY,PRAKASAM,&ANOT Vs APERC,CHAIRMAN,HYD,& 6 on 11 March 2026

APHC010539982013

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: 579/2013

Between:

1. M/S.ANASUYA ICE FACTORY,PRAKASAM,&ANOT, REP.

BY ITS MANAGING PARTNER, BONDALAPATI ANANDA

MADHAVI, W/O. SYAINU SUNDA REDDY, AGED 33

YEARS, OCC: BUSINESS, SURVEY NUMBER 698, NEAR

AIULANANDA ASHRAMAM, DANVAYA PETA ROAD,

VODAREVU VILLAGE, CHIRALA MANDAL, PRAKASAM

DISTRICT.

2. M/S.

C.P.R.

LCE

INDUSTRIES,,

REP.

BY

ITS

PROPRIETOR CHITRA PRASADA RAO, S/O. APPALA

RAO,

AGED

YEARS,

OCE:BUSINESS,

NEAR

ARULANANDA ASHRAMAM, DANVAYA PETA ROAD,

VODAREVU CHIRALA MANDAL, PRAKASAM DISTRICT.

...PETITIONER(S)

AND

1. APERC CHAIRMAN HYD 6, SINGARENI MAYAN, RED

HILLS, HYDERABAD REP. BY ITS CHAIRMAN.

2. ANDHRA

PRADESH

POWER

COORDINATION

COMMITTEE, VIDYUT SOUDHA, HYDERABAD REP. BY

ITS CHIEF ENGINEER [COMMERCIAL].

NJS,J

W.P.NO.579 OF 2013

3. SOUTHERN POWER DISTRIBUTION COMPANY OF

ANDHRA PRADESH LTD, REP. BY ITS CHAIRMAN AND

MANAGING

DIRECTOR,

TIRUPATHI,

CHITTOOR

DISTRICT.

4. SUPERINTENDING ENGINEER, OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF

ANDHRA PRADESH LIMITED, ONGOLE, PRAKASAM

DISTRICT.

5. SENIOR ACCOUNTS OFFICER, OPERATION CIRCLE, SOUTHERN POWER DISTRIBUTION COMPANY OF

ANDHRA PRADESH LIMITED, ONGOLE, PRAKASAM

DISTRICT.

6. ELECTRICITY

REVENUE

OFFICERCUMASSISTANT

ACCOUNTS

OFFICER,

SOUTHERN

POWER

DISTRIBUTION COMPANY OF ANDHRA PRADESH

LIMITED, CHIRALA - NS, PRAKASAM DISTRICT

7. ADDITIONAL

ASSISTANT

ENGINEER,

ODAREVU,

SOUTHERN POWER DISTRIBUTION COMPANY OF

ANDHRA PRADESH LIMITED, CHIRALA, 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 orders issued by 1st respondent in proceeding No.

APERC/Secy/Jt. Director (Tariff Engg) / No.5, APERC / Secy / Jt.

Dir (Tariff Engg) / No. 06, APERC / Secy / Jt. Dir (Tariff - Engg) /

No. 07 and APERC / Scey / Jt. Dir. (Tariff - Engg) / No.08, even dt. 05 06.2010, purportedly determining, and approving fuel surcharge adjustment [FSA] for the financial year 2008-2009

April, 2008 to March. 2009] contrary to regulation No. 1 of 2003

and without any notice or public hearing as required by law as

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W.P.NO.579 OF 2013

illegal, irregular, irrational, without jurisdiction or power, and in violation of principles of ratural justice and provisions of Electricity Act, 2003, besides violating petitioners' rights guaranteed under Art. 14, 19 (1) (g) and 300-A of Constitution of India and set aside the same and consequently direct the respondents to refund the amounts collected towards FSA charges in the monthly bills from July, 2010 onwards IA NO: 1 OF 2013(WPMP 698 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 suspend the operation of orders issued by 1st respondent in proceeding No.

APERC/Secy/Jt. Director (Tariff Engg) / No.5, APERC / Secy / Jt.

Dir (Tariff Engg) / No. 06, APERC / Secy / Jt. Dir (Tariff - Engg) /

No. 07 and APERC / Scey / Jt. Dir. (Tariff - Engg) / No.08, even dt. 05 06.2010, restraining the respondents from levying and collecting FSA and consequently direct the respondents not to charge any amount towards fuel surcharges from the petitioners, pending disposal of the main Writ Petition Counsel for the Petitioner(S):

1. NIMMAGADDA SATYANARAYANA

Counsel for the Respondent(S):

1. SRINIVASA RAO PUTLURI

2. V R REDDY KOVVURI (SC FOR APCPDCL)

The Court made the following:

NJS,J

W.P.NO.579 OF 2013