ANDHRA SUGARS Vs. ANDHRA PRADESH STATE ELECTRICITY BOARDOARD

JUDGEMENT

(1.) The two writ petitions raise common questions of law and factsnecessitating to render common judgment. The facts in Writ Petition No. 1248/85 are sufficient to dispose of the cases.

(2.) The petitioner, a public limited company, manufactures FerroSilicon at Paloncha, in Khammam District. It is a high tension power industry. The Andhra Pradesh State Electricity Board, for short 'the Board' supplies electrical energy, an important raw material for its manufacture. While the petitioner has been receiving supply of electrical enegry, the Board, in its B.P. Ms. No. 689, dated September 17, 1975, in exercise of its power under Section 49 of the Electricity (Supply) Act, 1948 (Act 54 of 1948), for short, "the Act" and also the contractual, statutory and other powers, notified the revised tariffs and miscellaneous and general charges in all areas with effect from October 20, 1975. The revised tariffs are applicable for supply of electricity to H.T. consumers having loads with a contracted demand not less than 70 KVA or having connected load exceeding 75 HP. In part A, the rates of tariffs for H.T. supply was divided into three. H.T. category I consists of those industries whose consumption for lights and fans not more than 5% of the total consumption excluding the consumption in colony or township which will be billed separately. Demand charges for the first 1,000 KVA is at Rs. 21/- per KVA per month ; above 1,000 KVA....... Rs. 19/- per KVA per month plus energy charges for 1,00,000 units per month 21 paise per unit and next 1,00,000 units 19 paise per unit and above 2,00,000 units, 18 paise per unit. The monthly billing would be on the basis of the actual consumption or 50 units per KVA of billing demand whichever is higher. H. T. category II consists of "power intensive industries", as may be specified by the Board and it would be decided in accordance with such guidelines as the Board may determine. To such units demand charges are : for the first 1,000 units Rs. 21/ per KVA per month and above 1,000 units Rs. 19/- per KVA per month, plus energy charges for all units consumed per month at the rate of 15 paise per unit. The energy charges will be billed every month on the basis of the actual consumption or 75 units per KVA of billing demand whichever is higher. Category III consists of H.T. consumer other than those covered under Categories I and II ; demand charges and energy charges are Rs. 25/- per month per KVA of billing demand plus 28 paise per unit for all units consumed per month. The energy charges will be billed on the basis of the actual consumption or 25 units/KVA of billing demand, whichever is higher. This will be subject to certain conditions, the details of which are not material. Clause 7 accords rebate of 25% power tariff on demand and energy charges for specified H.T. industries will be allowed for the first three years from the date of their going into production. The other details are redundant and hence are omitted.

(3.) In B.P. Ms. No. 778 dated October 18, 1975, published in theState Gazette dated October 20, 1975, the Board deleted Category II H.T. industries from the operation of B.P. Ms. No. 689 dated September 17, 1975, and issued the revised amendment to Part-A tariffs for HT Supply under HT category J,the details of which are also not necessary and redesignated Category III as Category IF, with certain modifications, the details thereof are not material. Later, the Board issued Memo No. DE (coml.) 1687-II/75-1, dated November 18, 1975, in exercise of the self-same power under S.49 thus;