THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
Writ Petition No.33201 of 2014
Between:
Dated 20th November, 2014
M/s.Mahalakshmi Smelters and another And …Petitioners Eastern Power Distribution Company of Andhra Pradesh Ltd., Operation Circle, Vizianagaram District and another …Respondents Counsel for the petitioners: Sri C.Sumon Counsel for the respondents: Sri P.Anand Seshu The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in seeking to recover a sum of Rs.53,53,127/- from the petitioners as illegal and arbitrary.
The petitioners are HT consumers of the respondents. They have unsuccessfully challenged levy of FSA charges before this Court. Feeling aggrieved by the judgment of this Court, the petitioners have filed SLP(C)Nos.15356-15358 of 2014 before the Supreme Court. It is the pleaded case of the petitioners that by order, dated 23.06.2014, the Supreme Court has passed the following order:
“In the meantime, no coercive action for recovering the FSA charges for the term April 2010 to June 2012 shall be taken.”
The petitioners further pleaded that being unaware of the said order of the Supreme Court, they have paid the FSA charges for December, 2010 and January, 2012, totalling Rs.53,53,127/-, on 30.06.2014 and 31.07.2014 respectively. That after coming to know about the interim order passed by the Supreme Court, the petitioners have adjusted the said amount out of the bill of August, 2014. However, the respondents have been insisting on payment of the said amount. Feeling aggrieved by this action, they have filed this writ petition.
From the order of the Supreme Court re-produced above, it is evident that the interim order was granted not to take coercive steps for recovery of FSA charges from April, 2010 to June, 2012. However, it is not deducible from the said interim order that if the payment is made for the said period or part thereof, whether the consumer is entitled to withhold or adjust the same towards future consumption charges. Therefore, it is appropriate for the petitioners to approach the Apex Court for clarification of the interim order. To enable the petitioners to do so, the respondents are directed not to disconnect the power supply for non-payment of Rs.53,53,127/- for a period of four weeks.
The writ petition accordingly stands disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.Nos.41524 & 42208 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 20th November, 2014
VGB