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Judgment
Heard learned counsel for the Writ Petitioner and learned Standing Counsel for the Respondents.
This Writ Petition is filed seeking the following relief:
“It is therefore just and essential that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus 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 and consequently set aside the same and pass such other orders as may deem fit and proper in the circumstances of the case.”
When the matter is taken up for hearing, learned counsels appearing on either side submits that, under similar facts and circumstances, this Court had passed an order vide in W.P.No.19359 of 2012 dated 31.07.2012 and they requested that similar orders be passed in the present batch of writ petitions.
Upon perusal of the order of the Hon’ble Court dated 31.07.2012 in W.P. No. 19359 of 2012, this Court came to a conclusion that the said order is squarely applicable to the present batch of writ petitions. In accordance with the directions issued by this Court vide in W.P.No.19359 of 2012, dated 31.07.2012, this writ petition is liable to be disposed of on the following terms:
(1)The orders dated 20.09.2012 of the Commission pertaining to the FSA for the 1st quarter of the financial year 2010-2011 shall not be enforced on any of the consumers of the four DISCOMs, till disposal of the SLPs pending before the Supreme Court.
(2)The enforceability or otherwise of the orders of the commissions for the 1st quarter of the financial year 2010-2011 shall depend on the result of the SLPs.
(3)In the event of the Supreme Court confirms the judgment of the Division Bench dated 20.09.2012, the FSA for the 1st quarter of the financial year 2010-2011 will become unenforceable. In a converse situation, the petitioners shall be entitled to question the orders of the Commission in respect of both the financial years 2010-2011and 2011-2012.
(4)If any of the DISCOMs have collected the FSA for the first quarter of the financial year 2010–2011 from any consumers, including the petitioners, they shall adjust the same in the future electricity bills immediately falling due. This adjustment shall also be subject to the outcome of the SLPs pending before the Supreme Court.
Accordingly, this Writ Petition is disposed of. There shall be no order as to costs
As a sequel, miscellaneous applications pending, if any, shall also stand closed.