Writ petition challenging APERC’s Fuel Surcharge Adjustment order allowed in terms of a connected Single Judge judgment that set aside the same order with liberty to claim FSA afresh.
Writ petition allowed in terms of the Single Judge’s judgment in a batch of connected cases.
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+HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.11045 of 2011
Date: 29.12.2011
Between:
M/s G.K.Cold Storage, Mahabubabad Village, Warangal District, Reptd by Its Partner-Mrs Chandrakala Jhawar And three others
..... Petitioners
AND
The A.P. Electricity Regulatory Commission, Hyderabad, Reptd by its Chairman, and another.
.....Respondents
Counsel for the Petitioner: Sri Kamatham Govardhan Reddy
Counsel for Respondent No.1: Sri P.Sriraghu Ram
Counsel for respondent No.2: Sri O.Manoher Reddy
Standing Counsel for APNPDCL
The Court made the following:
ORDER:
This Writ Petition is filed assailing order, dated 05-06-2010, of respondent No.1, whereby he has determined Fuel Surcharge Adjustment (FSA) for the financial year 2008-2009.
At the hearing, it has come out that a batch of Writ
Petitions, filed raising identical issues and questioning the order of respondent No.1, which is impugned in this Writ Petition, was disposed of by a learned single Judge of this Court on 29-07-2011 in India Cements Ltd. and another Vs. Chairman, APSERC, Hyderabad and other s[1] .
A perusal of the judgment in the aforesaid batch of cases shows that the learned Judge set aside the impugned order of respondent No.1 with liberty to the DISCOMs to file applications afresh, claiming FSA, and directing respondent No.1 to consider and deicide the same in accordance with law, if and when such applications were filed.
Having regard to the above judgment, which applies to the present case, this Writ Petition is allowed in terms of the said judgment and to the extent indicated therein.
__________________________ C.V.NAGARJUNA REDDY, J 29th December 2011 DR
[1] 2011 (5) ALT 188
1 issue framed by the court
Wheather the Writ Petition challenging the Fuel Surcharge Adjustment order should be allowed based on the Single Judge's earlier judgment.
Colour shows how this judgement treated each authority
India Cements Ltd. and another Vs. Chairman, APSERC, Hyderabad and otherFollowed¶18
India Cements Ltd. and another Vs. Chairman, APSERC, Hyderabad and other
2011 (5) ALT 188Affirmed¶22
2011 (5) ALT 188
M/s G.K.Cold Storage
The A.P. Electricity Regulatory Commission
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
