Dismissed¶48

Sri Lakshmi Venkata Krishna Raw & Boiled Rice Mill v. Andhra Pradesh Electricity Regulatory Commission

Andhra Pradesh HC10 Jul 2025WP/5024/2013

Case brief

AI extract

What is this about?

Fuel Surcharge Adjustment FSA; APERC; Southern Power Distribution Company of A.P. Ltd.; rice mills Nellore; writ of mandamus; Article 226; Articles 14, 19(1)(g), 300A; Regulation No.1 of 2003; A.P. Electricity Reform Act 1998; Electricity Act 2003; proceedings APERC/Secy/14/20120-13 dated 14.09.2012; contract power supply restrictions; Section 151 CPC stay; dismissed as infructuous; afflux of time; no costs; Subba Reddy Satti, J.; 11.07.2025; WP No. 5024 of 2013.

What did the court decide?

None; writ petition dismissed as infructuous by afflux of time, with no order as to costs, and pending miscellaneous petitions, if any, stood closed. ¶48

Sri Lakshmi Venkata Krishna Raw & Boiled… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

None; writ petition dismissed as infructuous by afflux of time, with no order as to costs, and pending miscellaneous petitions, if any, stood closed.

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Issue for consideration

Whether the respondents' action in determining and approving Fuel Surcharge Adjustment (FSA) for FY 2010-11, FY 2011-12 and the 1st quarter of FY 2012-13 pursuant to the order of respondent No.1 was illegal, contrary to Regulation No.1 of 2003, arbitrary, without jurisdiction and in violation of the principles of natural justice, the A.P. Electricity Reform Act 1998, the Electricity Act 2003 and Articles 14, 19(1)(g) and 300A of the Constitution (as pleaded; not adjudicated, the petition having been dismissed as infructuous). +1 more

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Ratio / Principle

On the submission of learned counsel for the petitioners that by afflux of time the writ petition had become infructuous, the Court dismissed the writ petition as infructuous, with no order as to costs. The merits of the FSA and power-supply-restriction challenges were not adjudicated.

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Key takeaways

As a sequel to the dismissal, pending miscellaneous petitions, if any, shall stand closed.ratio¶49

Detailed headnote1 paragraphs

Writ Petition No. 5024 of 2013 under Article 226, filed in 2013 by three rice mill operators of S.P.S.R. Nellore District, challenged (a) the respondents' determination and approval of Fuel Surcharge Adjustment (FSA) for FY 2010-11, 2011-12 and Q1 of FY 2012-13 pursuant to the order of the Andhra Pradesh Electricity Regulatory Commission, alleging contravention of Regulation No.1 of 2003, the A.P. Electricity Reform Act 1998 and the Electricity Act 2003 and infringement of Articles 14, 19(1)(g) and 300A, and (b) the imposition of restrictions on contract power supply and consumption vide proceedings No. APERC/Secy/14/20120-13 dated 14.09.2012; interim stay of FSA collection was sought under Section 151 CPC. When the matter came up before Subba Reddy Satti, J. on 11.07.2025, learned counsel for the petitioners submitted that by afflux of time the writ petition had become infructuous. Recording that submission, the Court dismissed the writ petition as infructuous, made no order as to costs, and closed pending miscellaneous petitions, if any. The merits were not adjudicated and no precedent was cited.

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APHC010230052013

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

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FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 5024 OF 2013

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Between:

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Sri Lakshmi Venkata Krishna Raw & Boiled Rice Mill, Rep.by its Managing Partner Ch.V.Ramanjaneyulu, S/o.Koteswara Rao, aged about 39 years, RIo.South Rajupalem road, Allipuram, Nellore-2, S.P.S.R.Nellore^District. 2. Sri Sivaparvathi Raw & Boiled Rice Mill, Rep.by its Managing Partner K.Srinivasulu, S/o.Chenchaiah, aged about 46 years, R/o.Allipuram Road, Nellore-2, S.P.S.R.Nellore District. 3. Manasa Rice Industry, Rep.by its Managing Partner P.Malyadri S/o.China Malakondaiah, aged about 43 years, R/o.Narayana Reddy Peta, Narukur Link Road, Nellore Rural, S.P.S.R.Nellore District. Petitioners

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AND

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Andhra Pradesh Electricity Regulatory Commission, 4th and 5th Floor, Singareni Bhavan, Red Hills, Hyderabad. Rep.by its Secretary

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Southern Power Distribution Company of Andhra Pradesh, Limited, Mint Compound, Secretariat Road, Hyderabad Rep.by its Chairman & Managing Director

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The Senior accounts Officer Operation Circle, Southern^{PowerDistribution} company of Andhra Pradesh Limited, SPSR Nellore District Nellore.

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...Respondents

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<# ilK

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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 plpased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus (a) declaring the action of the respondents in dkermining and approving Fuel Surcharge Adjustment (FSA) for the Financial Year 2010-2011 and 2011-12 and for 1st quarter of Financial^Year2012-13 pursuant to order of 1st 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, 2003, besides violating petitioners rights guaranteed under Art. 14, 19(1)(g) and 300A of Constitution of India (b) to declare the action of the respondents imposing restrictions and^measures on contract power supply and consumption vide proceedings No.APERC/Secy/14/2^0120- 13 dated 14.09.2012 as arbitrary, illegal and public policy (c) and consequently set aside the same.

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lA NO: 1 OF 2013fWPMP 6280 OF 2013

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to grant stay the collection of FSA charges by the Respondents for all quarters of financial years 2010-11 & 2011 -12 including penalties pursuant to the proceedings No. APERC/Secy/14/20120-13 dated 14-09-2012^fromthe petitioners pending disposal of the above writ petition.

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Counsel for the Petitioners: SAI GANGADHAR CHAMARTY

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Counsel for the Respondent No.1: SRI VENKATA RAMA RAO Counsel for the Respondents No.2,3: SRI P VINOD KUMAR

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The Court made the following order:

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[3331]

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APHC010230052013

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

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FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 5024/2013

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Between:

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1.SRI LAKSHMI VENKATA KRISHNA RAW & BOILED RICE MILL, REP.BY ITS MANAGING PARTNER CH.V.RAMANJANEYULu! S/O.KOTESWARA RAO, AGED ABOUT 39 YEARS, RIO.SOUTH RAJUPALEM ROAD, ALLIPURAM, NELLORE-2, S.P.S.R.NELLORE DISTRICT.

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2.SRI SIVAPARVATHI RAW & BOILED RICE MILL, REP.BY ITS MANAGING PARTNER K.SRINIVASULU, S/O.CHENCHAIAH, AGED ABOUT 46 YEARS, R/O.ALLIPURAM ROAD, NELLORE-2, S.P.S.R.NELLORE DISTRICT.

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3.MANASA RICE INDUSTRY, REP.BY ITS MANAGING PARTNER P.MALYADRI S/O.CHINA MALAKONDAIAH, AGED ABOUT 43 YEARS, R/O.NARAYANA REDDY PETA, NARUKUR LINK ROAD, NELLORE RURAL, S.P.S.R.NELLORE DISTRICT.

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...PETITIONER(S)

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AND

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1.ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION, 4TH AND 5TH FLOOR, SINGARENI BHAVAN, RED HILLS, HYDERABAD. REP.BY ITS SECRETARY

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2.SOUTJERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH, LIMITED, MINT COMPOUND, SECRETARIAT ROAD, HYDERABAD REP.BY ITS CHAIRMAN & MANAGING DIRECTOR

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3,THE senior ACCOUNTS OFFICER OPERATION CIRCLE,

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SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, SPSR NELLORE DISTRICT NELLORE.

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...RESPONDENT(S):

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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 an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus (a) 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 2012-13 pursuant to order of 1st 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, 2003, besides violating petitioners rights guaranteed under Art. 14, 19(1)(g) and 300A of Constitution of India (b) to declare the action of the respondents imposing restrictions and measures on contract power supply and consumption vide proceedings No.APERC/Secy/14/2^0120- 13 dated 14.09.2012 as arbitrary, illegal and public policy (c) and consequently set aside the same and pass

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lA NO: 1 OF 2013(WPMP 6280 OF 2013

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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 2010-11 & 2011 -12 including penalties pursuant to the proceedings No. APERC/Secy/14/20120-13 dated 14-09-2012 from the petitioners pending disposal of the above writ petition

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Counsel for the Petitioner(S):

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I.SAI GANGADHAR CHAMARTY

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Counsel for the Respondent(S):

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1.P VINOD KUMAR

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The Court made the following order:

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Learned counsel for the petitioners submits that by afflux of time, the Writ Petition has become infructuous.

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Recording the submission of the learned counsel for the petitioners, the Writ Petition is dismissed as infructuous. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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//TRUE COPY//

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Sd/- B. PRASADA RAO ASSISTANT REGISTRAR

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To,

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'/Iv 7 SECTION OFFICER

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