HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.12896 of 2014 Date: 28-04-2014 Between:
M/s. Vinayaka Steels Limited (SC.No.371), Represented by its Vice President, Mahabubnagar District .. Petitioner AND The Central Power Distribution Company of A.P. Limited, represented by its Managing Director Mint Compound, Hyderabad and 2 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.12896 of 2014 ORDER:
The writ petition is filed for declaring the action of the respondents in demanding additional amounts to the tune of Rs.42,96,036/- by revising the bills from June, 2013 to November, 2013 without furnishing any details whatsoever as illegal and arbitrary and for a consequential direction to set aside the additional demands made in the bills for the period from June, 2013 to November, 2013.
2. The grievance of the petitioner is that the petitioner is a company incorporated under the Companies Act having its registered office at Secunderabad. The petitioner company established an industrial unit in Survey No.97 E of Kothur village, Shadnagar Mandal, Mahabubnagar District and engaged in manufacture of MS rods, sponge iron and mild steel ingots. It is stated that as per the Scheme of the Act, the petitioner availed power under Open Access apart from availing power from A.P. Gas Power Corporation Private Limited and for the months from June 2013 to November, 2013, the petitioner availed open access power for which period the bills were issued which were paid by the petitioner. The 3rd respondent sent revised bills for the above period by changing the consumption figures under open access without mentioning the reasons whatsoever and the details of calculation, demanding an additional amount of Rs.s42,96,036/-. It is further stated that the petitioner made representations on 03-04- 2014 and 12-04-2014 requesting to furnish details and calculations etc., in support of the revised bills, but there was no response from the 3rd respondent. Aggrieved by the same, the present writ petition is filed.
3. When the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned standing counsel for the respondents stated that this court in similar circumstances granted similar relief in W.P.No.7084 of 2014 dated 11-03-2014 and that the subject matter of the writ petition is identical to that of the writ petition.
4. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider the representations of the petitioner dated 03-04-2014 and 12-04-2014 and pass appropriate orders thereon in accordance with law as expeditiously as possible, preferably within a period of two (2) weeks from the date of receipt of a copy of the order. Till such orders are passed, no coercive steps shall be taken by the respondents for non-payment of the amount fixed in the revised bills. There shall be no order as to costs. As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 28-04-2014 Ksn