M/s. 9o_lphin Hotels Limited, A Comp-any incorporated under the Companies Act, 1916 having their v. Govinda Rao

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus or other appropriate order or direction in the nature a writ declaring the orders issued by '1st respondent in proceedings Nos. APERC/Secy./Jt.Dir(Tariff-Engg)/No.05, APERC/SECy/JT.Dir.(Tariff-Engg)No.06, APERC/Decy/Jr.Dir(Tariff-Engg)No.07 and APERC/SECy/JT.DtR.(TARtFF- ENGG)NO.08,EVEN DT.5-6-2010, purportedly determining and approving Fuel Surcharge Adjustment (FSA) for the financial year 2008 2009(April, 2008 to March, 2009) and consequently FSA charges for 2008-2009 included in H.T.C.C. Bill for the month of July 2010, dated 26-7-2010 issued to the fetitioner contrary to Regulation No. l of 2003 and without any notice or public hearing as required by Eai; law as being arbitrary, illegal without jurisdiction or power' and irr violation of principlesofnaturaljusticeandtheprovisionsofAndhraPradeshElectricity ReformAct,lgg8arrdElectricityAct,2003,besideviolalingpetitionersrights guaranteed under Art.14,19(f ) (S) and 300A of Constitution of lndia and consequently set asidr: the same in lhe interest of justice' l.A. NO: 2OF 2010(WPMP. NO: 25324 O F 2010) Petitionunderljectionl5lCPCprayingthatinthecircumstancesStatedin theaffidavitfiledinsupportofthepetition,theHighCourtmay'bepleased suspend the operation of the orders issued by 1st respondent in Proc,eedings Nos. APERC/Secy/Jt. Dir.(Tariff-Engg)/No.05, APERC/Secy /Jt Di(Tariff-Engg )' /No'06' ApERCiSecy/Jt.Dir(Tariff-Engg. )/No.07 and APERC/Secy/Jt. Dir.(TariftEngg.) NO.08 even dt. 5-6-2010 pending disposal of the above writ petition in the interest of justice. LA. NO: 1 OF 2010 (\IVVMP. NO: 3806 0F 2010) Between: 1 2 Central Power Distribution Company of Andhra Pradesh Ltd 66niporJno, S",:retariat Road, Fiyderabad- represented by its lt'4anaging Director. ine Suoerintendent Enqineer. Operation East Circle, Central Power olsirioriion Corpiny oinnonra irradesh Ltd' Nanal Nagar Cross Roads' Rathe Bowli, Mehdip'atnam' Hyderabad - 509 0?8 f[e SenioiACcounis Officer, flperation Circle, Central Power Distribution C".piiiv Hvderabad Anorrri praoesh Ltd, Mehdpatnam, Nanal Nagar X Road, IMint "r ' ...,ET'r..NERS/RES'.NDENTS AND

1. M/s. Dolphin Hotels Limited, A Comp-any incorporated under the Companies ' A;t, 1956 hiviuglheir Registered office-at Ramoji Film Citv, Anajp.ur, Ranga ii"ilOv biii"t, R;p by itJtheir Authorised Sisnatory and GPA Holder Sri V. Govinda Rao ...RESpoNDENT/pETtrloNER

2. Andhra Pradesh Electricity Regulatory Commission' Singareni Bhavan, Red g. Andhra'pradesh Power Coordinition Committee, Vidyut, Soudha, Hyderabad Hills, Hyderablad, represented by its Chairman. rep. by lts Chief Engineer(Commercial) (R-3 not necessary) ...RES'.NDENTS/RE.'.NDENTS Petition under section 1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition. the High court may be pleased to vacate the interim orders passed in w.p.M.p. No. 2s324 of 2010 in w.p. No. '1 9982 of 20'1 0 dated I 3-08-2010. Counsel for the Petitioner: SRI B.NALIN KUMAR Counsel for the Respondent No.1: SRI P.PRASAD, SC FOR TGERC Counsel for the Respondent Nos.2 TO 5: SRI N.SREEDHAR REDDY, SC FOR TELANGANA TRANSCO The Court made the following: ORDER HON'BLE MRS. ]USTICE SUREPALLI NANDA w IT PET oN No. 8 f 1 o RDER: Heard Sri B.Nalin Kumar, learned counsel appearing on behalf of the petitioner' Sri P'Prasad' learned Standing Counsel for TGERC appearing on behalf of respondent No'1 and Sri N'sreedhar Reddy' learned Standing Counsel for TGSPDCL appearing on behalf of resPondent Nos'2 to 5' 2 The e ition r ra er su er s "...issue a writ of Mandamus or other appropriate order or direction in the nature a writ declaring the orders issued by 1't respondent in proceedings Nos.APERC/Secy /Jt' Dir'(Tariff- Dir'(Tariff- Engg.)/No.05, APERC lSecY'l)t' Eng g)/No. 06, APERC/secv/Jt. Dir' (Tariff-Engg)/No'07 and APERC/S ecy./)t' Dir' (Tariff-Engg)/No'08' even dt.5-6-2010 purportedly determining and approving Fuel Surcharge Adjustment (FSA) for the financial year 2008-2009 (April, 2008 to March, 2009) and con:;equently, FSA charges for 2008-2009 included in H.T.C.C. Bill for the month of July, 2010 dated 26-7- 2010 issued to the petitioner contrary to Regr:lation No. t of 2003 and without any notice or public hearing 2 SN,J W.P.No.19982 oJ 2024 as required by law as being arbitrary, illegal, without jurisdiction or power, and in violation of principles of natural justice and the provisions of Andhra pradesh Electricity Reforms Act, 1998 and Electricity Act, 2003 beside violating petitioner,s rights guaranteed under Article 14, 19(1) (g) of Constitution of India and consequently set aside the same in the interest of justice and pass such other or further orders as this Hon'ble Court deems fit and proper in the circumstances of the case.,,

3. The case of the petitioner, in brief, is that the petitioner is the public Limited Company which is runninQ a chain of hotels incorporated under the Companies Act, 1956 having its registered office at Anajpur, Ranga Reddy District and the petitioner company challenges the orders of the Regulatory Commission dated 05.06.2010, which approved the Fuel Surcharge Adjustment (FSA) for the financial year 2008-2009. The Commission exceed€d its jurisdiction and powers under the Ap Electricity Reforms Act, 199g, and the Electricity Act, 2003, by condoning the delay of over 1.5 years in filing proposals for FSA and the Commission without issuing notice or without providing an opportunity of hearing, levied FSA on consumers. Aggrieved by the same, the petitioner filed the present writ petition. aja.' 3 SN,J w.P.No.19982 of 2ollo

4. It is represented by the learned counsel appearing on behalf of the petitioner that the subject issue in the present writ petition is squarely covered by the order of this Court dated 20.01.2012 passed in W.A.No.B58 of 2011 and batch and 1 of 201,2 and batch in "Jairaj Ispat Ltd., Hyderabad Vs. A.P.Regulatory Commission, Hyderabad and others" reported in 2O1-2 (2) ALD 739 (DB). PERUSED THE RECORD.

5. The relevant portion of the order of this Court da'ted

31.07.20t2 passed in W.P.Nos.19359 of 2012 and batch in "M/s.Thermal Systems (Hyderabad) Pvt. Ltd. represented by its Senior vice President (Finance), IDA, Jeedimetla, Hyderabad Vs. Andhra Pradesh Electricity Regulatory Commission, represented by its Chairman, Red Hills, Hyderabad and others" is extracted hereunder: "Ordinarily, this Court would have set aside these orders, on the ratio laid down by the Division Bench, but as the Division Bench Judgment is the subject matter of the SLPs, this Court feels that propriety requires that the judgment of the 4 re it. reme Court is awaited in the SLps pending w.p.No.ree82 of ;Ij ctrcumstances of the cases, all ons are disposed of in the In the facts and these Writ petiti following terms: 1) The orders d, ..o-T:,", o"*,,ilt j,,J :r'; ;: l;" r,L.,:; year 2009_70 shall no be enforced on any of the consurners or *,e rorl the slps pending ouro,t '"toMs' till disposal of 2) fhe enforceability the commission for ,- sharl depend upon the ,.te 3) In the event the S judernent or tne oivisill:l".to"t conrirms the the orders dated 17'01'2012 ror the .li-Tl*' year 2009-10 wi, becorne rn"ni.."u-0,'tnancial u converse situation, the petitioners sha, o'' " to question rhe orders of the commiss:^:::'o"o in respect or both the financiar ,""rr;;;;;ron ) and 2009_10 on merits, 'e the Supreme Court, otherwise of the orders of financial year 2oo9-10 esult of the SLps, 4) If any of the DISC( )Ms have collected the FsA frorn any of the sumers including the petitioners, they shall adjust the same in the future erectri city b,t/b, failing due, which shail also be ,rl_t='',"o,utery slps berore *,e suprumSi::tr: "" resut or rhe .''.:-.':e.'i*.- i l /' I )t 5 SN,J W.P.No.19982 ot 2O7A hs a sequel to disposal of these writ petitions;, W.P.M.Ps filed therein are disposed of as infructuous"

6. Taking into consideration the order of this Court dated 31.O7.2O12 passed in W.P.Nos'19359 ot 2OL2 and batch (referred to and extracted above)n the present wrat petitaon is disposed of in the following terms: 1) The orders dated 05.06.201O of the Commission pertaining to the FSA for the ' financial year 2OO8-O9 shall not be enforced on any of the consumers of the four DISCOMs, till disposal of the SLPs pending before the Hon'ble SuPreme Court, 2) The enforceabitity or otherwise of the orders of the Commission for the financial year 2OO8-09 shall depend upon the result of the SLPs, 3) In the event the Hon'ble Supreme Court confirms the judgment of the Division Bench, the orders dated O5.O5.2O10 for the financial I I 6 SN,J W.P.No.19982 of 2Ot! year 2OO9-10 will become unenforceable. fn a converse situation, the petitioners shalt be entitled to question the orders of the Commission in respect of both the financial years 2OO8-O9 and 2OO9_1O on merits, and 4) lf any of the DISCOMs have collected the FSA from any of the consumers including the petitioners, they shall adjust the same in the future electricity billlbills immediately falting , due, which shall atso be subject to the result of the SLps before the Hon,bte Supreme Court. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ petitio n shall also stand closed. SD/. P. PADMANABHA REDDY ASS T NT REGISTRAR //TRUE COPY// S CTION OFFICER 1 The Chairman,._Ielangana Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderablad. Chief Engineer(Commercial), Telangana Power Coordination Committee, 2. Vidyut, Soudha, Hyderabad 3. tManlging Director, Central Power Distribution Company of Telangana Ltd., Secretariat Road, Hyderabad. 4. The Superintendent Engineer, Operation East Circle, Central power -Compound, Mint Distribution Company of Andhra Pradesh Ltd, Nanal Nagar Cross Roads, Rathe Bowli, Mehdipatnam, Hyderabad - 500 028 5. The Senior Accounts Officer, Operation Circle, Central power Distribution ^ Eomqq.!y ol!9l9ngana Ltd, Mehdpatnam, Nanat Nagar X Road, Hyderabad. 6. One CC to SRI B.NAL|N KUMAR, Advocate tOpUCl" 7. One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL [OPUC] 8. One CC to SRI P.PRASAD, SC FOR TGERC IOPUCI 9. Two GD€opies To M,, HIGH COURT DATED:2710112025 ORDER WP.No.19982 of 2010 i- I , CC TODAY 6- STAT6 o ?- 1l ll\fifl 2s6 v D:.,,',,i'i' :|y' ) \. DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ {