In WP No. 28523 of 2010, petitioners challenged orders approving Fuel Surcharge Adjustment (FSA) for FY 2008-2009 as arbitrary and illegal. Court noted prior Supreme Court judgment and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
[33021
FRIDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTYTWO
PRESENT
THE HON'BLE SRI JUSTICE K. SARATH
WRIT PETITION NO: 28523 OF 2010
Between:
AND
Petition under Article 226 of lhe Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders or direction, more particularly one in the nature of a Writ of Mandamus declaring the orders issued by 1st respondentin proceeding Nos: APERC/Secy. /Jt. Dir.(Tariff-Engg)/No.05, APERC/Secy./Jt. Dir.(Tariff-Engg) / No.06, APERC/Secy./Jt.Di(Tariff-Engg)/ No.7 and APERC/Secy./Jt.Dir(Tariff-Engg)/ No.8, even dt. 5-6-2010,purportedly determining and approving Fuel Surcharge Adjustment (FSA) for the financial
year 2008-2009 [April, 2008 to March, 2009] contrary to Regulation No. 1 of 2003 and without any notice or public hearing as required by the law as being arbitrary, illegal without Jurisdiction or power, and in violation of principles of naturaljustice 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 lndia and set aside the same
l.A. NO: 1 OF 2010(WPMP. NO: 36395 OF 2010)
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 suspend the operations of the orders issued by 1st respondent in proceeding Nos: APERC/Secy. /Jt.Dir.(Tariff-Engg)/No.05, APERC/Secy./Jt.Dir.(Tariff-Engg) / No.06, APERC/Secy./Jt.Di(Tariff-Engg)/ No.7 and APERC/Secy./Jt.Di(TariffEngg)/ No.8, even dt. 5-6-2010, restraining the respondents from levying and collecting FSA
Counsel for the Petitioners: SRI KAMATHAM GOVARDHAN REDDY
Counsel for Respondents: SRI ZAKIR ALI DANISH ( SC FORTSNPDCL )
The Court made the following: ORDER
THE HONOUI(AI}I-E SRI IUSTICE K.SARATH
WIUT PETITION No.28523 of 2010
ORDER:
This writ petition is filed for the following relief:
".......to issue any writ, order of directiorL more particularly one in nature of Writ Mandamus declaring the action of the respondent No.1 in issuing the proceedings dated 05.06.2010 uide proceedings No.APERC/SECY.JT.DIR(TARIFF-ENCC)/No.05, 06, 07,08 thereby purportcdly determining and approving Fuel Surclrargc Adjustment (FSA) for the financial year 2008-2009 (April, 2008 to March, 2009) contrary to Rcgulation No.1 of 2003 ancl without any rroticc or public hearing as required by law as being arbitrary, illegal without jurisdiction or power, and in violation of principles of naturaI justice"
liable to be clismissed.
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order as to costs.
SD/-G.SIREESHA ASSISTANT REGISTRAR //TRUE COPY// qD SECTION OFFICER To, 1 One CC to Sri Kamatham Govardhan Reddy Advocate [OPUC] 2 One CC to Sri Zakir Ali Danish ( SC FOR TSNPDCL ) Advocate IOPUCI 3 Two CD Copies SW \Y
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Dismissing the Writ petition Without costs
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1 issue framed by the court
Whether the orders determining Fuel Surcharge Adjustment (FSA) are arbitrary, illegal, and in violation of natural justice and statutory provisions.
Colour shows how this judgement treated each authority
Sai Bhaskar Iron Ltd. Vs. A.P.Electricity Regulatory CommissionDistinguished¶33
Sai Bhaskar Iron Ltd. Vs. A.P.Electricity Regulatory Commission
M/s. Thirumala Parboiled Rice & Oil Mill
Andhra Pradesh Electricity Regulatory Commission
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
