Writ petition assailing orders allowing Fuel Surcharge Assessment was disposed of based on a prior common order declaring such orders non-enforceable pending Supreme Court decision.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.30895 of 2012
Dated 03.10.2012
Between:
M/s. Sarita Steel & Industries Ltd., and others
…Petitioners
And
The Andhra Pradesh Electricity Regulatory Commission and others
…Respondents
Counsel for the petitioners: Sri O.Swaroop
Counsel for respondent No.1: Sri P.Srinivasa Rao, standing counsel
for Andhra Pradesh Electricity Regulatory Commission
Counsel for respondent Nos.2 to 4: Smt.Jyothi Eswar Gogineni, standing counsel for Andhra Pradesh Eastern Power Distribution Company Limited
The Court made the following:
ORDER:
This writ petition is filed assailing the orders dated 17.01.2012 in O.P.Nos.39 to 54 of 2011 of respondent No.1, whereby it has allowed the application of respondent No.2 for collection of Fuel Surcharge Assessment (FSA) for the year 2009-2010.
At the hearing, it is not disputed by the learned counsel representing the learned standing counsel for respondent No.2 that a batch of Writ Petitions was disposed of by this Court by a common order, dated 31.07.2012, in W.P.No.19359 of 2012 and batch, whereby this Court has declared that the orders dated 17.01.2012, which are impugned in this writ petition, are not enforceable till the Supreme Court decides the S.L.Ps pending before it in relation to the financial year
2009-2010. This Court has also given certain directions in this regard. As this writ petition is identical to the batch of cases, the reliefs granted therein shall be granted to the petitioners in this writ petition as well.
With the direction that the reasons and directions contained therein shall form part of this order, this writ petition is disposed of.
As a sequel, W.P.M.P.No.39401 of 2012 shall stand disposed of as infructuous.
________________________ C.V.NAGARJUNA REDDY, J
03rd October, 2012 GHN
Colour shows how this judgement treated each authority
W.P.No.19359 of 2012Referred¶17
M/s. Sarita Steel & Industries Ltd. and others
The Andhra Pradesh Electricity Regulatory Commission
Andhra Pradesh Eastern Power Distribution Company Limited
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
