M/S. Suryalakshmi Cotton Mills Ltd., v. M.D., Ts Erc And 3 ORS.

HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.39867 OF 2016 ORDER:

Heard Sri D.V.Nagarjun Babu, learned counsel for the petitioner, Sri J.Aswini Kumar, learned Standing Counsel for the Telangana State Electricity Regulatory Commission appearing for the 1st respondent and Sri R.Vinod Reddy, learned Standing Counsel for the Telangana State Southern Power Distribution Company Limited, appearing for respondents 2 to 4.

2.

It is stated by the learned counsel appearing for the petitioner as well as Sri R.Vinod Reddy, learned Standing Counsel for respondents 2 to 4 that the issue in this Writ Petition is covered by the common order of this Court, dated 14.02.2019, in W.P.Nos.39590, 39629 & 39632 of 2016.

3.

Therefore, for reasons alike, this Writ Petition is also allowed. The order in O.P.No.6 of 2016 is set aside. The Regulatory Commission is directed to provide hearing to the petitioner and to the Federation of Telangana and Andhra Pradesh Chambers of Commerce and Industry, consider their objections to the levy of cross-subsidy surcharge proposed by the 2nd respondent for the financial year 201617 and pass a fresh reasoned order after considering all the objections contained in the objection petition, dated 29.03.2016, filed by the Federation of Telangana and Andhra Pradesh Chambers of Commerce and Industry, within two (02) months from the date of receipt of copy of this order. Adjustments/refund of the levy towards cross-subsidy surcharge which are already collected from the petitioner shall be done by the 2nd respondent depending on the fresh order it would pass. There shall be no order as to costs.

TA, J W.P.No.39867 of 2016 Consequently, miscellaneous petitions pending, if any, shall stand closed.

_________________________ T.AMARNATH GOUD, J Date: 30th April, 2019 KL

TA, J W.P.No.39867 of 2016 HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.39867 OF 2016 Date: 30th April, 2019 KL