M/S.Navjeevan Polymers Vs Chairman, Aperc., & 3 Others — Andhra Pradesh HC (2025) — LawSathi Research

M/S.Navjeevan Polymers Vs Chairman, Aperc., & 3 Others — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the directions in W.P.No.34450 of 2012 and batch dated 09.12.2024: (i) the Commission's orders dated 20.09.2012 pertaining to FSA for Q1 FY 2010-2011 shall not be enforced on consumers of the four DISCOMs till disposal of the SLPs before the Supreme Court; (ii) enforceability of those orders shall depend on the result of the SLPs; (iii) if the Supreme Court confirms the Division Bench judgment dated 20.09.2012, the FSA for Q1 FY 2010-2011 becomes unenforceable, and in the converse situation the petitioners may question the Commission's orders for FY 2010-2011 and 2011-2012; (iv) FSA already collected for Q1 FY 2010-2011 shall be adjusted in future electricity bills, subject to the SLP outcome; no order as to costs; interlocutory applications closed.

Issue for consideration

Whether the present writ petition concerning FSA charges can be disposed of in terms of the directions issued by the learned Single Judge in W.P.No.34450 of 2012 and batch dated 09.12.2024, to which both sides consented. +1 more

Court's answer

The present Writ Petition is disposed of in terms of the extract/directions 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

High Court of Andhra Pradesh at Amaravati (Gannamaneni Ramakrishna Prasad, J.) disposed of W.P. No. 38419 of 2012 (M/s Navjeevan Polymers v. Andhra Pradesh Electricity Regulatory Commission and others) on 05.08.2025 in terms of the common order dated 09.12.2024 in W.P. No. 34450 of 2012 and batch, both sides having no objection to such disposal. By the adopted directions: (1) the Commission's orders dated 20.09.2012 pertaining to the FSA for the 1st quarter of 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; (2) their enforceability shall depend on the result of the SLPs; (3) if the Supreme Court confirms the Division Bench judgment dated 20.09.2012, the FSA for Q1 FY 2010-2011 becomes unenforceable, and in the converse situation the petitioners are entitled to question the Commission's orders for both FY 2010-2011 and 2011-2012; (4) any FSA collected for Q1 FY 2010-2011 shall be adjusted in future electricity bills immediately falling due, subject to the SLP outcome. Counsel for APEPDCL submitted that for periods other than Q1 FY 2010-2011 the Supreme Court's judgment in Sai Bhaskar Iron Ltd. v. A.P. Electricity Regulatory Commission, (2016) 9 SCC 134 governs the field and has already been implemented. No order as to costs; interlocutory applications closed.

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APHC010394092012

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3328]

TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

WRIT PETITION NO: 38419/2012

Between:

M/S.NAVJEEVAN POLYMERS, Plot No.84/3, D-Block, IDA, AUTONAGAR, VISAKHAPATNAM. REP. BY ITS PROPRIETOR, KOLLI PERUMALLA CHOWDARY, SERVICE CONNECTION NO.VSP-862.

...PETITIONER

AND

ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION, SINGARENI BHAVAN, RED HILLS, HYDERABAD, REPRESENTED BY ITS CHAIRMAN.

EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH, LTD., REPRESENTED BY ITS MANAGING DIRECTOR, SAI SHAKTI, OPP SARASWATI PARK, DABA GARDENS, VISAKHAPATNAM 530 020.

THE SUPERINTENDENT ENGINEER OPERATION CIRCLE EASTERN, POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

THE SENIOR ACCOUNTS OFFICER, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1.ELEVATED AS JUDGE

Counsel for the Respondent(S):

2

1.V V SATISH (SC for APEPDCL)

The Court made the following:

ORAL ORDER:

Heard Ms. V. Kranthi, learned Counsel appearing for the Writ Petitioner and Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel representing Sri V.V. Sathish, learned Standing Counsel for APEPDCL.

Ms. Kothapalli Aishwarya Chowdhary, learned Junior 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.

(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

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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 Petition 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 Petition is 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: 05.08.2025 Vns