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2012 Supreme(AP) 55

MADAN B.LOKUR, SANJAY KUMAR
Jairaj Ispat Limited – Appellant
Versus
A. P. Electricity Regulatory Commission, Rep. by its Secretary – Respondent


Advocates appeared:
For the Appellants:M/s. C. Kodandaram, Senior Counsel for Challa Gunaranjan, K. Gopal Choudary, C.R. Sridharan, K.V. Upendra Gupta, D.V. Nagarjuna Babu, Dhulipalla V.A.S. Ravi Prasad & K. Raghu Babu, Advocates. For the Respondents: M/s. P. Sri Raghuram, D. Prakash Reddy, Senior Counsel representing O. Manohar Reddy, Standing Counsel for APTRANSCO & Mrs. G. Jyothi Eswar, Standing Counsel for APEPDCL.

Judgment :

COMMON JUDGMENT: (Per SK, J.)

The Andhra Pradesh Electricity Regulatory Commission entertained a Fuel Surcharge Adjustment (FSA) claim made by the Andhra Pradesh Power Co-ordination Committee on behalf of the four Distributing Companies (DISCOMS) in the State for the financial year 2008-09 and by its proceedings dated 05.06.2010 permitted them to levy FSA charges as indicated therein on all consumers, except LT agricultural consumers, for the four quarters of that financial year. The proceedings dated 05.06.2010 came to be challenged before this Court in a batch of writ petitions by aggrieved consumers.

2. The learned Judge who heard the writ petitions at great length framed the following questions for consideration:

1) Whether the writ petitions are maintainable in view of the availability of an alternative remedy of appeal under Section 111 of the Electricity Act, 2003, against the impugned order passed by the Andhra Pradesh Electricity Regulatory Commission?

2) Whether the Andhra Pradesh Power Co-ordination Committee constituted under G.O.Ms.No.59 dated 07.06.2005 has locus standi to file an application on behalf of the four Distributing Companies?

3) Whether the appl
































































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