M/S Adani Wilmar Limited, Kurnool Dist & Another Vs Chairman, Aperc, Hyd & 5 Ot — Andhra Pradesh HC (2025) — LawSathi Research

M/S Adani Wilmar Limited, Kurnool Dist & Another Vs Chairman, Aperc, Hyd & 5 Ot — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petitions disposed of in terms of the directions in the common order in W.P.No.34450 of 2012 and batch dated 09.12.2024 (non-enforcement of the Commission's FSA orders dated 20.09.2012 for Q1 FY 2010-2011 till disposal of the SLPs, enforceability depending on the SLP result, and adjustment of any collected FSA in future bills subject to the SLP outcome); no order as to costs; interlocutory applications, if any, closed.

Issue for consideration

Whether the present writ petitions should be disposed of in terms of the directions issued in the common order in W.P.No.34450 of 2012 and batch dated 09.12.2024 governing enforcement of the Commission's FSA orders dated 20.09.2012 for the 1st quarter of FY 2010-2011, in view of the pendency of SLPs before the Hon’ble Supreme Court.

Court's answer

The present Writ Petitions (W.P.Nos.35332, 38954, 39128 and 40424 of 2012) are disposed of in terms of the directions extracted from the common order in W.P.No.34450 of 2012 and batch dated 09.12.2024, with no order as to costs.

Ratio / Principle

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

Detailed headnote1 paragraphs

Common order disposing of W.P.Nos.35332, 38954, 39128 and 40424 of 2012 in terms of the directions issued by the learned Single Judge in W.P.No.34450 of 2012 and batch dated 09.12.2024. Those directions provide that the orders dated 20.09.2012 of the Commission pertaining to the FSA for the 1st quarter of the financial year 2010-2011 shall not be enforced on any consumers of the four DISCOMs till disposal of the SLPs pending before the Supreme Court; that enforceability of those orders shall depend on the result of the SLPs (if the Supreme Court confirms the Division Bench judgment dated 20.09.2012 the FSA becomes unenforceable, failing which petitioners may question the orders for FY 2010-2011 and 2011-2012); and that any FSA collected for that quarter shall be adjusted in future electricity bills, subject to the SLP outcome. Counsel for both sides raised no objection to such disposal. No order as to costs; interlocutory applications, if any, closed. Counsel for APEPDCL placed reliance on the common order dated 09.12.2024 and submitted that, apart from Q1 FY 2010-2011 which is sub judice before the Supreme Court, the judgment in Sai Bhaskar Iron Ltd. v. A.P. Electricity Regulatory Commission, (2016) 9 SCC 134 governs the field and stands implemented for other periods.

THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

W.P.Nos.35332, 38954, 39128 and 40424 of 2012

The Court made the following COMMON ORDER:

Heard Sri Dhulipalla V.A.S. Ravi Prasad, learned Counsel for the Writ Petitioner/s (appearing through video conference) in W.P.No.39128 of 2012, and Sri Ashok, Ld. Counsel appearing on behalf of Sri Kota Venkata Rama Rao, Ld. Standing Counsel for APSPDCL.

Sri Ashok, Ld. Counsel appearing on behalf of Sri V.V.Satish, Ld. Standing Counsel for APEPDCL has placed reliance on 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 Junior 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: (2016) 9 SCC 134 governs the field and therefore, for such of the periods, the Order of the Hon’ble Supreme Court has already been implemented.

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 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 otherwise of the orders of the commissions for the 1st quarter of the financial year 2010-2011 shall depend on the result of the SLPs.

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(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.”

Learned Counsel for both sides have no objection for the disposal of present 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.

In this view of the matter, the present Writ Petitions are disposed of in terms of the above extract in W.P.No.34450 of 2012 and batch dated 09.12.2024. No Order as to Costs.

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

GANNAMANENI RAMAKRISHNA PRASAD, J

Dt: 26.12.2025 Mnr

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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

W.P.Nos.35332, 38954, 39128 and 40424 of 2012

26.12.2025

MNR