HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.1072 of 2014 Date: 21-01-2014 Between:
M/s. Lalitha Granites, represented by its Proprietor, Kurnool .. Petitioner AND A.P. Central Power Distribution Company Limited, Represented by its Chairman and Managing Director and 2 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.1072 of 2014 ORDER:
This writ petition is filed for a Mandamus declaring the action of the respondents in issuing supplementary bill for the month of April 2013 to the petitioner to pay Rs.2,04,986/- as illegal and arbitrary and for a consequential direction to the respondents not to take any coercive steps of disconnection of power supply to the petitioner unit and to dispose of the representation dated 09- 12-2013, filed by the petitioner.
2. The case of the petitioner is that it has entered into an agreement with the respondents company for having power connection of 100KVA by paying an amount of Rs.8.00 lakhs as Security Deposit and also paying monthly bills regularly as demanded by the respondents. As per demand of the respondents, the petitioner paid consumption bill of Rs.1,70,219/- for the month of April, 2013. The respondents introduced Restriction and Control Orders in September 2012. Though the petitioner is not running the mill in peak hours and they are running the same in off peak hours only, still the respondents issued supplementary bill for the month of April 2013 for an amount of Rs.2,04,986/- by levying penal charges at 5 or 6 times of normal rates to be payable by the petitioner on or before 25-12-2013. But, the respondents are supposed to charge half of the amount as per the proceedings issued by the Andhra Pradesh Electricity Regulatory Commission vide proceedings No.APERC/Secy/154/ 2013, dated 08-08-2013. The petitioner made a representation dated 09-12-2013 to the respondents to revise the supplementary bill for the month of April 2013 and to issue fresh demand by reducing the amount, but the respondents have not taken any action to reduce the amount of penal charges and to issue revised supplementary bill for the month of April 2013. Aggrieved by the same, the present writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.
4. Admittedly, the Andhra Pradesh Electricity Regulatory Commission issued proceedings dated 08-08-2013 waiving 50% of the penalty and the respondents are bound to implement the same. Therefore, the respondents can be directed with appropriate directions.
5. Accordingly, the respondents concerned are directed to consider the representation of the petitioner dated 09-12-2013 and the respondents further directed not to collect 50% of penalty charges as ordered by the Andhra Pradesh Electricity Regulatory Commission and not to take any coercive steps for disconnection of power supply to the petitioner unit on condition of the petitioner paying 50% of the penalty amount.
6. With the above directions, the writ petition is disposed of. No costs. As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 21-01-2014 Ksn