HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.24301 of 2014 Date: 27-08-2014 Between:
M/s. My Home Industries Limited, represented by its Company Secretary and Senior General Manager Madhapur, Hyderabad .. Petitioner AND The Southern Power Distribution Company of Telangana Limited, Mint Compound, Secretariat Road, Hyderabad and 2 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.24301 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the action of the respondents in demanding voltage surcharge on the energy drawn by the petitioner company as arbitrary, illegal and without jurisdiction and for a consequential direction to set aside the demand raised in the C.C. bill issued for the month of July, 2014 dated 26-07-2014.
2. The case of the petitioner is that the petitioner company is a public limited company incorporated under the Companies Act, 1956 having its registered office at Hyderabad and the company was established with the object of engaging in the business of manufacture and sale of cement and cement related products. The petitioner company has requested the respondents to derate its CMD from 10,000 KVA to 5,000 KVA and accordingly, the respondents derated CMD and an agreement was also executed to that effect by the petitioner on 08-05-2014 for supply of 5,000 KVA. It is stated that the respondents started supplying power to the petitioner at a CMD of 5,000 KVA and a C.C. bill was also issued to the petitioner company on 26-05-2014 for the power supplied in the month of May, 2014 and surprisingly, the 3rd respondent issued a C.C. bill on 26-07-2014 for the power supplied during the period from 22-06- 2014 to 22-07-2014 demanding the charges levied at Rs.392 per KVA instead of Rs.350 per KVA and also energy charges levied at Rs.6.70ps per unit instead of Rs.4.90Ps, which resulted in excess billing to a tune of Rs.16,67,343/-. The petitioner company addressed a letter dated 31-07-2014 to the 3rd respondent informing that the tariff has been erroneously considered as 33 KV line instead of 132 KV line and requested to revise the bill based on 132 KV tariff so as to enable it to pay the bill. As there was no response from the respondent authorities, the petitioner company deducted an amount of Rs.16,67,343/- being differential amount and paid the balance amount of Rs.1,41,52,007/-. Thereafter, the 3rd respondent issued the impugned disconnection notice in Lr.No.SE/OP/NLG/SAO/HT/ D.No.496/14, dated 11-08-2014 demanding to pay outstanding amount of Rs.16,67,343/- within 15 days from the date of notice, failing which the service connection to the petitioner would be disconnected. Challenging the said impugned notice, the present writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.
4. In view of the facts and circumstances stated above and since it is stated that the petitioner has made a representation to the 3rd respondent on 31-07-2014 in respect of its grievance, which is pending with the 3rd respondent, the 3rd respondent is directed to consider the representation of the petitioner dated 31- 07-2014 and pass appropriate orders thereon as early as possible preferably within a period of two (2) weeks from the date of receipt of a copy of the order. Till such necessary orders are passed, no coercive steps shall be taken for disconnection of power supply to the petitioner company in pursuance of the impugned notice dated 11-08-2014. However, this order will not preclude the respondent authorities from collecting regular electricity charges and the respondent authorities shall take appropriate action after disposal of the representation dated 31-07-2014.
With the above direction, 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: 27-08-2014 Ksn