Dismissed¶39

Sri Ramesh Raw & Boiled Rice Mill & 2 Others v. Secretary,Aperc., Hyderabad & 2 Others

Andhra Pradesh HC2 Mar 2026WP/79/2013

Case brief

AI extract

What is this about?

Fuel Surcharge Adjustment (FSA); APERC; APSPDCL; Southern Power Distribution Company of Andhra Pradesh; raw and boiled rice mills, Nellore; contract power supply restrictions; Proceedings No. APERC/Secy/14/20120-13 dated 14-09-2012; Regulation No.1 of 2003; Andhra Pradesh Electricity Reform Act, 1998; Electricity Act, 2003; Articles 14, 19(1)(g) and 300A; writ of mandamus; Article 226; Section 151 CPC; dismissed as infructuous; subsequent developments; no order as to costs; miscellaneous applications closed.

What did the court decide?

Recording learned counsel's submission that, in view of subsequent developments in the writ petition, the cause does not survive for adjudication, the writ petition is dismissed as infructuous, with no order as to costs. ¶39

Sri Ramesh Raw & Boiled Rice Mill & 2 Others… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the respondents' determination and approval of Fuel Surcharge Adjustment (FSA) for FY 2010-11, 2011-12 and the 1st quarter of FY 2012-13, and the restrictions imposed on contract power supply vide Proceedings No. APERC/Secy/14/20120-13 dated 14-09-2012, were illegal and arbitrary (raised in the writ petition; not adjudicated, the petition having been dismissed as infructuous).

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Ratio / Principle

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Key takeaways

As a sequel, miscellaneous applications pending, if any, shall also stand closed.ratio¶41

Detailed headnote1 paragraphs

Writ Petition No. 79 of 2013 (High Court of Andhra Pradesh at Amaravati, Ninala Jayasurya, J.; decision dated 03.03.2026) — Three raw & boiled rice mills of S.P.S.R. Nellore District sought a writ of mandamus under Article 226 declaring illegal the respondents' (APERC and Southern Power Distribution Company of Andhra Pradesh Limited) determination and approval of Fuel Surcharge Adjustment (FSA) for FY 2010-11, 2011-12 and the 1st quarter of FY 2012-13, and the restrictions imposed on contract power supply and consumption vide Proceedings No. APERC/Secy/14/20120-13 dated 14-09-2012, alleging contravention of Regulation No.1 of 2003, the Andhra Pradesh Electricity Reform Act, 1998 and the Electricity Act, 2003, and violation of Articles 14, 19(1)(g) and 300A of the Constitution. An interlocutory application (IA No. 1 of 2013 / WPMP No. 86 of 2013) sought stay of FSA collection. On 03.03.2026 the Court, recording counsel's submission that in view of subsequent developments the cause did not survive for adjudication, dismissed the writ petition as infructuous with no order as to costs, and closed pending miscellaneous applications. The substantive issues were left unadjudicated.

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APHC010321562013

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3209]

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TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 79/2013

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Between:

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SRI RAMESH RAW & BOILED RICE MILL & 2 OTHERS, REP.BY ITS MANAGING PARTNER KARAMSETTY RAMESH, S/O.LAKSLUNAIAH, AGED ABOUT 42 YEARS, R/O.PEDDACHERUKURU, NELLORE, S.P.S.R.NELLORE DISTRICT.

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M/S. SRI VIJAYALAKSHMI RAW & BOILED RICE MILL REP.BY ITS, MANAGING PARTNER S.SUBRAHMANYAM, S/O.SUBBARAMAIAH, AGED ABOUT 52 YEARS, R/O.RAJUPALEM VILLAGE, NELLORE RURAL MANDAL, NELLORE, S.P.S.R.NELLORE DISTRICT.

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SRI SANGAMESWARA RAW & BOILED RICE MILL REP.BY ITS, MANAGING PARTNER K.PERAPA NAIDU, S/O.SAMBAVA NAIDU, AGED ABOUT 53 YEARS, R/O.ALLIPURAM ROAD, ALLIPURAM, NELLORE, S.P.S.R.NELLORE DISTRICT.

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...PETITIONER(S)

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AND

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SECRETARY APERC HYDERABAD 2 OTHERS, AND 5TH FLOOR, SINGARENI BHAVAN, RED HILLS, HYDERABAD.

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NJS,J W.P.NO.79 OF 2013

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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, 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 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/14/20120-13 dated 14-09-2012 as arbitrary, illegal and public policy (c)

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and consequently set aside the same and pass such other orders as may deem fit and proper in the circumstances of the case.

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IA NO: 1 OF 2013(WPMP 86 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

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NJS,J W.P.NO.79 OF 2013

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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 in this Hon'ble Court and pass such other orders as may be deemed fit and proper in the circumstances of the case.

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Counsel for the Petitioner(S):

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1.SAI GANGADHAR CHAMARTY

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Counsel for the Respondent(S):

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1.VENKATA RAMA RAO KOTA SC FOR APSPDCL

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The Court made the following:

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NJS,J W.P.NO.79 OF 2013

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ORDER:

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Mr.Ch.Ganesh, learned counsel representing Mr.P.Suresh, learned counsel for the petitioners, submits that, in view of the subsequent developments in the writ petition, the cause does not survive for adjudication.

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