VENKATESHWARA FOODS AND FEEDS THIMMAPUR Vs. DIVISIONAL ENGINEER ELECTRICAL OPERATIONS A P S E B JEDCHERLA

JUDGEMENT

(1.) This writ petition is directed against the order of the first respondent in his letter No. DEE/OP/JDL/AAE-CL/F. Dkt/ D.No.728 dated 6-6-1998 demanding a sum of Rs.3,68,587.05 ps. towards H.T. Charges from February, 1990 to December, 1996, as illegal and arbitrary.

(2.) The brief facts of the case are that the petitioner is a firm engaged in manufacture of poultry feed and its factory is situated in Timmapur village. It is stated that the petitioner firm is having two service connections i.e., SC No.300 and 302 of 50 HP each for the purpose of industrial use. One such service connection is meant for the factory and the other for laboratory. It is further stated that keeping in view the expansion of the factory, on 20-12-1995 an application was made for H.T. supply instead of L.T. supply to the petitioner firm. In pursuance of the application, the Divisional Engineer, Electrical, the first respondent herein addressed a letter No. DEE/ OP/JDL/AAE/CL/HT/VF&F/D.N0.2774 dated 7-9-1996, that the petitioners application was considered and the petitioner firm was required to comply with the following conditions for taking necessary action :

(3.) In reply to the contentions raised by the petitioner, the Divisional Engineer, Operations, Jedcherla, has filed counter-affidavit, contradicting the averments and contentions raised by the petitioner. The respondent has stated in his affidavit that the petitioner is a firm M/s. Venkaleswara Foods and Feeds, and it was connected with two service connections and when the connected load of one or more service connections of the same consumer in the same premises exceeds 75 HP the total load of service should be converted to HT category and if they are not converted to HT category, the existing LT services should be billed with HT category rates till the load or the LT Services arc converted to HT by the consumer or upto the date of sanctioning of duration of the load of the LT services to below 75 HP. He further stated that in the present case, the SC No.300 and 302 of the petitioner were released on 17-1-1990 and on 2-2-1990 respectively with L.T. Industrial category i.e., Category-Ill with a connected load of 50 HP each and both the connections belong to one and the same consumer and they are situated in the same premises and are used for the same purpose. The connected load of both the service put together is 100 HP which is above 75 HP and hence as per the Board Rules, when the load of same consumer in same premises exceeds 75 HP it should be converted to HT service. Though the petitioner was given sufficient time to convert the LT service into HT service, he has not chosen to do so. Therefore, the Board is entitled to bill the LT load as HT category taking into consideration the total connected LT load.