[Cites 1, Cited by 0]
Telangana High Court
M/S. Pioneer Labs Limited, Hyd vs Secy, Aperc, Hyd And 3 Ot on 31 March, 2026
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.38109 of 2012
31.03.2026
Between:
M/s.Pioneer eLabs Limited.,
...Petitioner
AND
A.P Electricity Regulatory Commission.
Singareni Bhavan, Red Hills, Hyderabad,
Represented by its Secretary and 3 others
...Respondents
ORDER:
This Writ Petition is filed seeking the following relief:
"....Issue a Writ or order of direction more particularly one in the
nature of Writ of Mandamus declaring the orders in O.P.No.28
32, 36, 40, 44, 48, 55 and 58 of 2012, dated: 20.09.;2012 of 1st
respondent as illegal, arbitrary and contrary to Condition No.6 of
A.P.E.R.C (Conduct Business) (3rd Amendment) Regulations of
2006 and Sec 64(3) of the Electricity Act 2003 and also violative
of Articles 14,19(1)(g) and 21 of the Constitution of India apart
from being violative of principles of natural justice and
consequently set aside the same and to pass...."
2. Heard Sri N.V.Sumanth, learned counsel representing
M/s. Indus Law Firm, learned counsel for the petitioner and
Sri N.Sreedhar Reddy, learned Standing Counsel for TGSPDCL for
the respondents. Perused the record.
3. When the matter is taken up for hearing, learned counsel for
petitioner submitted that the issue raised in this Writ Petition is
squarely covered by the order passed by this Court in
W.P.No.37061 of 2012, dated 25.02.2026 and therefore, the same
order may be passed in this writ petition as well. The operative
portion of the said order reads as under:
"6. Upon the arguments advanced by both the
learned counsel and perusal of the orders passed by
the erstwhile High Court of Andhra Pradesh and
Telangana in W.P.No.19359 of 2012 and batch,
dated 31.07.2012, W.A.No.858 OF 2011 and batch,
dated 20.01.2012 and order passed by the High
Court of Andhra Pradesh, Amaravati in
W.P.No.36984 of 2012, dated 09.12.2024, this writ
petition is liable to be disposed of in 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 Bench
dated 20.01.2012, the FSA for the 1st quarter of the
financial year 2010-2011 will become unenforceable.
In a converse situation, the petitioner shall be
entitled to question the orders of the Commission in
respect of both the financial years 2010-2011 and
2011-2012.
(4) In respect of the second quarter of the
financial year 2010-2011 and thereafter, the
respondents are entitled to collect the FSA's as per
the order of the Commission. The petitioner is not
pressing any claim regarding the second quarter of
the financial year 2010- 2011 and thereafter.
(5) If any of the DISCOMs have collected the FSA
for the first quarter of the financial year 2010-2011
from any consumers, including the petitioner, 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.
7. Accordingly, the Writ petition is disposed of."
4. In terms of the order passed by this Court in W.P.No.37061
of 2012, dated 25.02.2026, and for the reasons alike, this writ
petition is disposed of. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand
closed.
____________________________
NAGESH BHEEMAPAKA, J
Dated 31.03.2026
gv
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.38109 of 2012
31.03.2026
gv
