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Andhra High Court · body

2016 DIGILAW 185 (AP)

Tulasi Industries, rep by its Proprietor K. Muralidhar Reddy v. Telangana State Southern Power Distribution Company Limited

2016-03-28

CHALLA KODANDA RAM

body2016
ORDER : Challa Kodanda Ram, J. The petitioner established water purified plant at Palkonda Village, Mahabubnagar and supplying purified water in loose i.e., through tankers on free of cost to the police, hospitals, old-age homes chalivendrams etc. The petitioner obtained service connection in the year 2010. It was given supply under Category-III. The grievance of the petitioner is that without issuing any prior notice, the respondents have changed its service connection from Category III to Category II and issued power consumption bill for the period from 06.01.2016 to 10.02.2016 Rs. 57,158/- and also showing an amount of showing arrears Rs. 5,75,849/- from the year 2012 to 2016. Aggrieved by the said action of the respondents and on the threat of disconnection of power supply, the petitioner filed the present writ petition. 2. At the hearing, Sri A. Giridhar Rao, learned counsel for the petitioner submitted that the A.P. Electricity Regulatory Commission (Consumers' Right to information) Regulation, 2000 (for short 'the Regulations') makes it mandatory for the respondents to issue a prior notice before changing a consumer's category and that in the present case, admittedly, no such notice has been issued to the petitioner. The learned counsel therefore submitted that the action of the respondents is not only arbitrary but also in violation of the Regulations. 3. Sri R. Vinod Reddy, learned Standing Counsel for Central Power Distribution Company Limited, opposed the above submissions in the inspection it is noticed that the service has been billing in Category III(A) and the consumer running a water purification plant in the premises which comes under LT Category-II as per the recent clarifications issued on categorization of water purifying treatment plant from higher officers. Hence there is no need for issuance of separate notices before change of classification is made. 4. I have carefully considered the submissions of the learned counsel for the parties. The question whether, in the face of the Tariff Order issued by the Electricity Regulatory Commission, a separate notice needs to be issued for changing the category of a consumer, or not, need not be addressed in these cases for the simple reason that there is a serious dispute relating to the nature of business activity of the petitioner. Even if the law does not require for issuance of prior notice for change of category for particular category of consumers as the Tariff Order itself prescribed particular Tariff. Even if the law does not require for issuance of prior notice for change of category for particular category of consumers as the Tariff Order itself prescribed particular Tariff. In order to determine the question whether the petitioner is involved in manufacturing activity or not, a prior notice is very much necessary. If after such notice the petitioner is unable to show that it is carrying on manufacturing activity, then the respondents will be entitled to change the petitioner's service connection from LT Category-III(A) to LT Category-II(B). 5. As the said procedure is not followed by the respondents, the impugned demand notice is set aside. The respondents are given liberty to issue notice to the petitioner calling for objections for change of Category of Service Connection. On consideration of the objections along with the material, if any, that may be filed by the petitioner, the competent authority shall pass speaking order and communicate the same to the petitioner. Till such a decision is taken, the petitioner is directed to pay the electricity charges under LT Category-III(A). The bills of the petitioner shall, however, be subject to the revision depending upon the result of the enquiry and the order that may be passed by the competent authority as directed above. 6. Subject to the above directions, the writ petition is disposed of. As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.