HON’BLE THE CHIEF JUSTICE SRI G.S. SINGHVI AND HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY Writ Appeal No.110, 119,125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138 and 139 of 2007 Writ Appeal No. 110 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director … Appellant And Sree Rayalaseems Green Energy Ltd., Srinilayam K.P.S. Complex, Station Road, Gooty represented by its Chairman and Managing Director, K. Madhusudhan, S/o. K. Padmanabhaiah Setty, R/o. Station Road, Gooty and four others … Respondents Counsel for the appellant : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya for Smt. P.V.V.B. Rajeswari Counsel for the respondents : Shri K. Gopal Choudary. Writ Appeal No. 119 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director … Appellant And Yashoda Super Speciality Hospital, Nalgonda ‘X’ Roads, Malakpet, Hyderabad – 500 036, Rep., by its Manager (Finance) Sri S. Sampath and another … Respondents Counsel for the appellant : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 125 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director … Appellant And Jyothi Bio-Energy Ltd., 307, Liberty Plaza, Basheerbagh, Hyderabad, rep., by its Executive Director, N. Padma Rao, S/o. N. Kotgeshwar Rao, R/o. Banjara Hills, Hyderabad and three others … Respondents Counsel for the appellant : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jayasurya Counsel for the respondents : Shri K. Gopal Choudary. Writ Appeal No. 126 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And M/s. Ravindranath GE Medical Associates Pvt. Ltd., 6-1-1070/1 to 4, Lakdikapool, Hyderabad and another … Respondents Counsel for the appellant : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya for Smt. P.V.V.B. Rajeswari Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 127 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And M/s. Quality Care India Ltd., The Heart Institute, Road No.1, Banjara Hills, Hyderabad, Rep., by its Company Secretary, Sri P.S.R. Swamy and another … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 128 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And M/s. Annapurna Associates Pvt. Ltd. Regd. Office at 5-4-199, M.J Market, Nampally, Hyderabad 500 001, Rep., by its Company Secretary, Sri P.S.R. Swamy and another … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 129 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And M/s. Prasad Media Corporation Ltd., Regd. Office at NTR Gardens, LIC Division, P.O., rep., by its Chief Engineer, Sri Burugupally Srinivas and another … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya for Smt. P.V.V.B. Rajeswari Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 130 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And M/s. NATL Technologies Ltd., (Castor Oil Division), Regd. Office at Plot No.30A, Road No. 1, Filmnagar, Jubilee Hills, Hyderabad – 500 003, Rep., by its Managing Director and another … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 131 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And M/s. Hotel Kamal Private Ltd., H.No.9-1-167 & 168, S.D. Road, Hyderabad – 500 003, Rep., by its Manager Sri G. Ramana and another … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya for Smt. P.V.V.B. Rajeswari Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 132 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And Dr. Reddy’s Research Foundation, Sy.No. 195 & 198/2/A, Madinaguda, Miyapur, Bollarum Road, Hydeabad – 49, Rep., by its Director – Administration, Sri T. Sambi Reddy and another … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 133 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And M/s. Sri Lakshmi Gayatri Hotels Pvt Ltd., S.No. 8, Block – 4, Ward 87, Raj Bhawan Road, rep., by its Managing Director, Sri D. Siva Rama Raju and another … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 134 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director … Appellant And Sudha Agro Oils and Chemical Industrial Ltd., Samalkot, E.G. District, R/o. Sudha Colony, Peddapuram and seven others … Respondents Counsel for the appellant : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya Counsel for the respondents : Shri K. Gopal Choudary Writ Appeal No. 135 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director … Appellant And RPP Ltd. H.No.1-B (New No.618), Arora Colony, Road No.3, Banjara Hills, Hyderabad – 500 034, rep., by its Managing Director, Sri Y.V. Subba Rao, S/o. Y.V. Ramachandra Rao, R/o. H.No.1-B (New No.618), Arora Colony, Road No.3, Banjara Hills, Hyderabad – 500 034 and another … Respondents Counsel for the appellant : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya for Smt. P.V.V.B. Rajeswari Counsel for the respondents : Shri K. Gopal Choudary Writ Appeal No. 136 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director … Appellant And HCL Agro Power Ltd., # 117, Amruth Ville, Somajiguda Raj Bhavan, Hyderabad, Rep., by Managing Director, Kilaru Gopi Prasad, S/o. Kilaru Sriman Narayana, R/o 77, Srinagar Colony, Hyderabad and five others … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya for Smt. P.V.V.B. Rajeswari Counsel for the respondents : Shri K. Gopal Choudary Writ Appeal No. 137 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And M/s. Shri Shakti Resorts (P) Ltd., D-II, Adj. Air Port, Begumpet, Venus Shopping Plaza, Hyerabad – 500 016 and another … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya for Smt. P.V.V.B. Rajeswari Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 138 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And M/s. Maheswari Plaza Resorts Ltd., 5-8-231 to 262, Nampally, Hyderabad – 500 001, rep., by its Chief Engineer, Sri K.Kiran and another … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya for Smt. P.V.V.B. Rajeswari Counsel for the respondents : Shri C. Kodanda Ram Writ Appeal No. 139 of 2007 Between: Central Power Distribution Co., of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Rep., by its Managing Director and another … Appellants And M/s. Spencer and Company (Great Wholesale Club), H.No.1-7-147 (Old), 222, New Bakaram, Rep., by its Assistant Manager, Maintenance Sri Ivon G. Sherratt and another … Respondents Counsel for the appellants : Shri T. Ananth Babu, Senior Advocate assisted by Shri N. Jaya Surya Counsel for the respondents : Shri C. Kodanda Ram :: COMMON JUDGMENT:: February 08 2007 Per G.S. Singhvi, CJ These appeals are directed against common order dated 7-12-2006 passed by the learned Single Judge in WVMP No. 1939 of 2006 in WPMP No. 15368 of 2006 in Writ Petition No. 12367 of 2006 and batch, whereby he dismissed the vacate petitions ﬁled by the appellant – Central Power Distribution Company of Andhra Pradesh Limited and confirmed the ad interim orders subject to the condition that the generating companies, who had joined the consumers in the writ petitions, will alone furnish undertaking to the appellant to the eﬀect that they would discharge their liability in the event of dismissal of the writ petitions. We have heard Shri T. Ananth Babu, Senior Advocate appearing for the appellant and Shri K.G. Choudary and Shri C. Kodanda Ram appearing for the respondents and perused the record. Although, we ﬁnd some merit in the criticism of Shri T. Ananth Babu that the learned Single Judge disposed of the vacate petitions and stay matters by erroneously assuming that all the writ petitioners fall under the ﬁrst category of generating companies which are exempted from paying Cross Subsidy Surcharge by virtue of Electricity (Removal of Diﬃculties) Second Order, 2005 issued by the Central Government under Section 183 of the Electricity Act, 2003, keeping in view paragraph 6.2 of order dated 21-9-2005 passed by the Andhra Pradesh Electricity Regulatory Commission recognising that the generating companies are entitled to exemption in terms of the 2005 Order issued by the Government of India, we do not ﬁnd any valid ground or justiﬁcation to interfere with the order impugned in the appeals. Hence, the appeals are dismissed. However, it is made clear that in the event of dismissal of the writ petitions, the writ petitioners, against whom bills have been raised or who have been served with notices for payment of Cross Subsidy Surcharge (CSS), shall have to pay the amount due with interest at the rate determined by the Court. At this stage, Shri T. Ananth Babu, made a request that keeping in view the nature of the issue raised in the writ petitions and in order to give ﬁnality to the litigation, so far as this Court is concerned, all the writ petitions may be heard by the Division Bench and disposed of on an early date. Learned counsel for the writ petitions say that they do not have any objection. In view of the above, we direct that Writ Petition Nos. 12367, 12368, 12369, 12761, 12762, 12950, 12951, 12952, 12992, 13138, 13217, 13221, 13367, 15333, 15343, 15368 and 17238 of 2006 shall be listed for before the Division Bench on 27-2-2007 for final arguments. In the meanwhile, the parties may ﬁle supplementary aﬃdavits within ten days from today, after supplying copies thereof to the opposite side. As a sequel to dismissal of the appeals, WAMP Nos. 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236 and 237 of 2007 ﬁled by the appellant are disposed of as infructuous. G.S. SINGHVI, CJ C.V. NAGARJUNA REDDY, J February 08, 2007 ks