LAWS(APH)-2012-8-50

LALITHA COTTON GINNING COMPANY REP BY ITS PROPRIETOR Vs. SUPERINTENDING ENGINEER OPERATION A P TRANSCO KURNOOL CIRCLE

Decided On August 30, 2012
Lalitha Cotton Ginning Company Rep By Its Proprietor Appellant
V/S
Superintending Engineer Operation A P Transco Kurnool Circle Respondents

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner praying to issue a Writ of Mandamus declaring the action of the 4th respondent in issuing the impugned proceedings in L.R.No.AAO/ERO/NDL/JAO/II/NS-II/D.No. 551/2003, dated 31.03.2003 along with consumption bill dated 1.4.2003 for the petitioner 's service connection bearing No.ISC.No.3052 of D.No.30-477 and 30-479, Vivekananda Street, Nandyal R.S., by including and clubbing the service connection charges of ISC.No.18298 of Aishwarya Cotton Mills, situated in D.No.30-478, Vivekananda Street, Nandyal R.S., even though the petitioner is in no way concerned and connected with the other service connection as illegal, arbitrary, violative of APSEB Terms and Conditions of Supply and violative of Articles 14, 19, 21 and 300A of Constitution of India and consequently to set aside the same with a direction to the respondents to issue fresh consumption charges bill for petitioner 's service connection only, by deleting the charges included for service connection bearing No.ISC.No.18298.

(2.) HEARD learned counsel appearing for the parties.

(3.) IT is not in dispute that two separate entities are carrying on business from the same property. It is also not in dispute that the door numbers of those two units are also separate. It is further submitted that the management is also in no way connected or interlinked with each other. In these circumstances, it is submitted on behalf of the petitioner that the two service connections cannot be clubbed and that such conditions which have been imposed under Condition No.27 of the Terms and Conditions of Power Supply, if at all, fulfilled then only the authorities have a right to club the bills of the two units. It is submitted that in this case the facts are totally different and cannot come within the purview of the said condition.