ANDHRA PRADESH STATE ELECTRICITY BOARD Vs. VENUS HOTEL

JUDGEMENT

(1.) The appellant-Electricity Board has preferred this appeal against the order of the learned single Judge directing them to implement the State policy issued by G.O. Ms. No.31, dated 30-4-1994 providing for concessional sale of electricity to the consumer of the notified area.

(2.) The respondent No.1 is running a hotel in Khammam town which is recognised as a notified area for concessions specified in G.O. Ms. No.31, dated 30-4-1994 read with G.O. Ms. No.83, dated 14-11-1994 whereby the consumer of electricity in a tourism notified area would be entitled to 25% rebate on the power consumed by him. Concedingly the respondent No.l is the consumer of power and running a hotel and is entitled to 25% rebate on the bills under the appropriate Government policy.

(3.) The learned single Judge came to the conclusion that the policy of the Government issued under the above said Government Order is a direction under Section 78A of the Electricity (Supply) Act, 1948 and has been issued with an object to encourage tourism industry in the State. Consequently, the Electricity Board is bound to implement the same. It was further observed that as the power of the State is traceable to the Electricity (Supply) Act, 1948, mere non-mentioning of Section 78A of the Act in the Government Order is immaterial. It was also found that a reading of G.O. Ms. No.31 in pith and substance would show the policy matter and it has been specifically provided that the rebate shall be allowed by the Electricity Board in their monthly bills to the consumers. The learned single Judge, thus, came to the conclusion that the direction issued by the State in respect of rebate is valid and the Electricity Board is bound to follow apart from the fact that the respondent No. 1 has acted on his legitimate and just expectation with respect to his entitlement of the concession under the said Government Order.