BALAJI STEEL ROLLING INDUSTRIES Vs. SOUTHERN POWER DISTRIBUTION

JUDGEMENT

(1.) This Writ Petition is filed seeking a mandamus declaring the action of the respondents in demanding huge amounts as arrears without any basis and invoking the provisions of the Andhra Pradesh State Electricity Board (Recovery of Dues) Act, 1984 and the Rules made thereunder in G.O.Ms.No.50 dtd. 1/10/1985 called Andhra Pradesh State Electricity Board (Recovery of Dues) Rules, 1985 as wholly arbitrary, illegal and void and consequently, to set aside 1) Notice No.SE/OP/RR EAST/SAO/JAO-HT/SA-I/Form No.RRE- 146, D.No.1235, dtd. 22/7/2016, 2) Notice No. SE/OP/RR EAST/SAO/JAO-HT/SA-I/Form No-B/D.No.1549, dtd. 20/12/2016 of the 3rd respondent and further direct the respondents to pay Rs.1,19,61,783.00 with future interest at 18% p.a to petitioner.

(2.) The brief facts of the case are: petitioner was consumer of the 1st respondent DISCOM with consumer No: RRE-146, under H.T- 1 Category with a CMD of 2200 KVA. The Superintendent Engineer - the 3rd respondent served notice dtd. 22/7/2016 in Form-A of the APSEB (Recovery of Dues) Rules 1985 demanding C.C. Dues, FSA dues and R and C dues in a sum of Rs.3,79,09,032.00 and surcharge of Rs.96,66,803.00 at 1.5% pm i.e. 18% from 1/3/2015 to 31/7/2016, totalling to Rs.4,75,75,835.00 within 15 days from the date of notice. Later on, the 3rd respondent issued another notice dtd. 20/12/2016 in Form 'B' under Rule-4(2) demanding Rs.3,78,71,666.00 as C.C. dues, FSA dues and R &C dues and surcharge at 1.5% p.m. from 1/3/2015 to 30/11/2016 in a sum of Rs.1,19,01,241.00 totalling Rs.4,98,01,241.00 and further stated that if the amount is not paid within three months from the date of service of notice, petitioner would be deemed to be defaulter and the amount would be recovered as arrears of land revenue.

(3.) This Court by order dtd. 15/2/2017 admitted the Writ Petition and ordered interim stay.