M/s. Vijay lron Foundry Pvt. Ltd v. The Central Power Distribution Co. of A,P. Ltd

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents (i) in not reducing the maximum demand charges for the non-supply period and (ii) in not calculating the load factor based on the actual hours of supply for the purpose of tariff 2 .) incentive for which the petitioner is entitled as per the tariff order for the consumption month of August, 2008 as highly illegal, arbitrary, unjust void. l.A. NO: 2 OF 2008(!VPMP. NO: 30924 0F 2008) Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents not to disconnect the petitioner's power suppty, pending disposal of the above writ petition. Counsel for the Petitioner: SRt D.V.NAGARJUNA BABU, Sr. COUNSEL REPRESENTING SMT. K.JAYASREE Counsel for the Respondent No.1 to 3: SRI N.SREEDHAR REDDY, S.C. FOR TGSPDCL Counsel forthe Respondent No.4: SRI p.PRASAD, S.C. FOR TSERC The Court made the foltowing: ORDER HON,BLE MRS JUSTICE SUREPALLI NANDA w P TI NN .23 o F2 8 ORDER: Heard Sri D.V.Nagarjuna Babu' learned senior designated counsel representing Smt K'Jayasree' learned counsel appearing on behalf of the petitioner on record, and Sri N.Sreedhar Reddy' learned standing counsel appearing on behalf of the respondent Nos'1 to 3 and P.Prasad, learned standing counsel appearing on behalf of the resPondent No'4'

2. Since the petitioner had not impleaded Telangana State Electricity Regulatory Commission as a respondent, though TSERC is a proper and necessary party for adjudication and disposed of the present Writ Petition, this Court suo-moto impleads Telangana State Electricity Regulatory Commission as respondent No'4 in the present Writ Petition and all its Miscellaneous petitions.

3. The petitioner approached the Court seeking prayer as under: I I I I I ".........to issue a writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents (i) in not reducing the maximum demand charges for the non-supply period and (ii) in not calculating the load factor based on the actual hours of supply for the purpose of tariff incentive for which the petitioner is entitled as per the tariff order for the consumption month of August, 2008 as highly illegal arbitrary unjust void

4. This Court vide its o er date A o 2 of2 8 n P P N 3 2 d 1 o,, oo8 n t P No. 2 2 t2 o s ed r r er n a r t e I I ti orl r b rv n un er: "Pending further orders, there shall be interim direction as prayed for, subject to the condition that the petitioner pays half of the amount demanded under the demand notice dated 24.10.2008 within a period of two weeks from today.,'

5. ft is represented by the tearned counsel appearing on behalf of the petitioner, learned standing counsel appearing on behalf of the respondent Nos.t to 3 and learned standing counser appearing on beharf of the :, respondent No.4 that the present Writ Petition could be disposed of directing the petitioner to make a detailed representation putting-forth the grievance as put-forth in present Writ Petition before the 4th respondent and the 4th respondent shall consider the same in accordance to Iaw by giving an opportunity of personal hearing both to the petitioner and also to the concerned DISCOM authorities within a period of (O4) weeks thereafter and pass appropriate orders on the said detailed representation to be submitted on behalf of the petitioner to the 4th respondent herein.

6. Taking into consideration the submissions made by all the learned counsel on record and upon consent, the Writ Petition is disposed of directing the petitioner to make a detailed representation putting-forth the grievance as put-forth in present Writ Petition before the 4th respondent within a period of two (O2) weeks from the date of receipt of copy of the order and the 4th respondent shall consider the same in accordance to law by giving an opportunity of personal hearing both to the petitioner and also to the concerned DISCOM r 1 authorities within a period of (O4) weeks thereafter and pass appropriate orders on the saicl detailed representation to be submitted on behalf of the petitioner to the 4th respondent. It is however observed that any amount paid by the petitioner in pursuance to the interim orders of this Court shall be subject to the outcome of the decision to be taken in accordance to law on the subject issue by the 4th respondent,

7. With these above observations, , the Wit petition is disposed of. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, any, pending in the W_rit petition shall also stand closed. //TRUE COPY// To, SD/. A. SRINIVASA REDDY ANT REGISTRAR AS \l S;ECTION OFFICER 1 The Chairman and Managing Director, Central Ltd., Singareni Bhavan, Red Hills, Hyderabad. r Dislribulion Co. of A.P

2. The Superintending Engineer, Operation Circle, The Central power Distribution Company of A.P. Ltd., (A.P.Trasco) Medak District at Sanga Reddy.

3. The Senior Accounts Officer, Operation Circle, The Central Power Distribution Company of A.P. Ltd., (A.P.Trasco) Medak District at Sanga Reddy.

4. The Telangana State Electricity Regulatory Commission(TSERC) Address. Vidyuth. Nlyqllr,fql Bhavan, Sy.No. '145-P, G.T.S Colony, Kalyan Nagar, Hyderabad, 500045 W

5. One CC to [r4/s. K.JAYASREE, Advocate [OPUC] 6. One CC to SRI P.PRASAD, S.C. foTTSERC [OPUC] 7. One CC to SRI N.SREEDHAR REDDY, S.C. for TGSPDCL [OPUC] B. Two CD Copies HIGH COURT DATED: 0510212025 ORDER WP.No.2372O of 2008 ( o11 iHE I /4 0I JUi\i 2ffi ( f \t^^ DaTr r!::n {- DISPOSING OF THE WRIT PETITION WITHOUT COSTS @tt.<+ ,t('lo'