PATANCHERU STEELS PVT. LTD. Vs. APCPDCL LTD.

JUDGEMENT

(1.) THIS Writ Petition is filed for a mandamus to declare the action of the respondents in raising bill for payment of minimum charges for 680 KVA and 34,000 units for the months of October to December 2012, January to March 2013 and raising a demand for April to July 2013 as illegal and arbitrary.

(2.) THE petitioner is a consumer under HT Category -1 of respondent No. 1 with a Contracted Maximum Demand (CMD) of 850 KVA. Respondent No. 1 has issued Restriction and Control (R & C) order on 7 -9 -2012 w.e.f., 12 -9 -2012 whereunder it has imposed restrictions on the consumption of electricity by its consumers. Sub -clause (a) of Clause 12 of the said order reads as under:

(3.) A counter affidavit is filed wherein the respondents have admitted that under a mistake of fact, bills were raised at 80% of the contracted CMD towards minimum charges and that R & C order exempts consumers from payment of the minimum charges. However, the respondents have pleaded that on account of the said mistake, the minimum charges levied for the period from September 2012 to December 2012 were withdrawn. It is also averred that in view of termination of the petitioners agreement w.e.f. 20 -4 -2013, bills raised from April 2013 to July 2013 were also withdrawn. The respondents, however, sought to justify the imposition of minimum charges from January 2013 till the date of termination of agreement on the ground that the consumers whose services are under disconnection are liable to pay minimum charges.