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2011 Supreme(AP) 575

N.V.RAMANA
India Cements Ltd. – Appellant
Versus
Chairman, APSERC, Hyderabad – Respondent


Advocates appeared:
M/s. K. Gopal Choudary, C. Kodanda Ram, C.R. Sreedharan, M. Chandramouli, Duba Nagarjuna Babu, Narasimha Rao and Dhulipalla V.A.S. Ravi Prasad, Counsel for the Petitioners.
Mr. P. Sri Raghuram, Counsel for Respondent No.1.
Mr. D. Prakash Reddy for Mr. O. Manohar Reddy, Counsel for Respondent Nos.2 to 9.

ORDER

In this batch of writ petitions, the petitioners, who are High Tension (HT) electricity consumers, have called in question, the proceedings dated 05.06.2010, issued by A.P. Electricity Regulatory Commission, determining and approving the Fuel Surcharge Adjustment (FSA) for the financial year 2008, as illegal and arbitrary, contrary to the provisions of Regulation No.1 of 2003, Electricity Act, 2003, violative of principles of natural justice and the rights guaranteed under Articles 14, 19(1)(g) and 300-A of the Constitution of India.

FACTUAL BACKGROUND

2. The undisputed facts that are necessary for disposal of this batch• of cases may be noted, and they run thus:

The petitioners being HT' electricity consumers entered into agreements with A.P. Transmission Corporation Ltd. (AP TRANSCO), for supply of electricity continuously. Pursuant to the said agreements, and the laws governing the supply of power, AP TRANSCO has been supplying power to the petitioners continuously, for meeting their requirements.

3. The State of Andhra Pradesh, in the process of electricity reforms, enacted A.P. Electricity Reform Act, 1998, for constitution of Electricity Regulatory Commission, restructuring






















































































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