GOPISETTI VENKATARATNAM AND OTHERS Vs. VIJAYAWADA MUNICIPALITY

JUDGEMENT

(1.) This is an appeal against the judgment of the Subordinate Judge, Vijayawada in A.S.No.102 of 1958 by which the plaintiffs were given partial relief in the matter of a declaration they sought about the levy of enhanced rates charged by the Municipal Council, Vijayawada for consumption of electricity for domestic and industrial uses.

(2.) Cross-objections are preferred by the Municipal Council in so far as the judgment struck down the duty of half anna per unit in addition to the usual rates of tariff as illegal for want of sanction of the State Government.

(3.) The facts giving rise to this litigation are these: The Municipal Council, Vijayawada, is the licensee for the supply of electric energy under the Indian Electricity Act of 1910 within the municipal limits of Vijayawada under a licence granted by the State Government in its order dated 22-11-1927. The licence was termed as "the Bezwada Electric Licence, 1927, and was subject to the provisions of the Indian Electricity Act, 1910. The licence, a certified copy of which is filed as Ex. B-3, embodies the terms and conditions of the licence which inter alia provided for the limits of the prices to be charged in respect of the supply of energy. An annexure appended to the licence stated the maximum charges. If the licensees failed to comply with the terms and conditions of the licence, the licence is revocable by the State Government. It is pertinent to note the stipulations as to the limits of prices to be charged in respect of the supply of energy.