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2002 Supreme(AP) 641

Andhra Pradesh High Court
Judges : S.ANANDA REDDY, S.R.NAYAK
Nava Bharat Ferro Alloys Limited - Appellant
Versus
A.P.State Electricity Board - Respondent
Decided On : 06-06-02

Headnote:

Writ Petition – Constitution of India, 1950 – A. P. State Electricity Board – Electricity (Supply) Act, 1948 – Section 49 (3) – Regular tariff – Additional charges – Interest – Delayed payments – M/s. Nava Bharat Ferro Alloys limited, the petitioner in the first two writ petitions, was a public limited company manufacturing Ferro Silicon – This petitioners industry consumes huge quantities of electricity, approximately 10,000 units for every ton of Ferro Silicon – According to the petitioner, initially the board had agreed to supply power at the rate of 6 paise per unit though the Board never supplied power at that rate – Suffice it to state that in 1975 the board fixed the tariff at the rate of 11 paise per unit for this petitioner and three other consumers under Memo dated 18-11-1975 – This list of four consumers increased over the years to 84 – They were being given special rates categorizing them as power intensive consumers – Regular tariff was not applied to them and only executive instructions were being issued by the Board from time to time fixing the rates and other terms – This arrangement was arrived at in the nature of a special contract falling under Section 49 (3) of the Supply Ac – On 13-12-1983 the Board revised the general tariff and a separate order dated 29-1-1984 was issued for power intensive consumers – Petitioner herein prays that this Hon’ble Court may be pleased to issue a Writ of mandamus or appropriate writ, direction or order commanding the respondents to refrain from demanding additional charges and interest from the petitioner in respect of the delayed payments of the amounts adjudicated to be due by virtue of the Judgment of the Supreme court dated 2-5-1991 in Civil Appeal no. 2570 of 1985 and pass such other orders as may be just – Held, this court do not find any merit in the writ petitions – Writ Petition is dismissed.

S. R. NAYAK, J.

( 1 ) M/s. Nava Bharat Ferro Alloys Limited, which is the petitioner in W. P. Nos. 9081 of 1991 and 13453 of 1993 and M/s. Raasi cements Limited, which is the petitioner in w. P. No. 234 of 1994, have assailed the validity of the impugned action of the A. P. State Electricity Board (the Board, for short) and its authorities, the respondents herein, demanding additional charges also known as surcharge for late payment and interest on delayed payment of the outstanding dues under Clause 32. 2. 1 and Clause 34 of the terms and Conditions of Supply (the TCS, for short) framed by the Board in exercise of the power conferred by Section 49 of the electricity (Supply) Act, 1948 (Central Act no. 54/48,) (hereinafter referred to as the supply Act , for brevity), as illegal and unauthorised and without jurisdiction. They have also sought for consequential directions to the respondents to refrain from demanding additional charges and interest from the petitioners in respect of the delayed payments of the amounts adjudicated to be due from them.

( 2 ) IT is appropriate that the relief soughtin each of these writ petitions be noted first. In W. P. No. 9081 of 1991, the following relief is sought ,-"for the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon ble Court may be pleased to issue a Writ of mandamus or appropriate writ, direction or order commanding the respondents to refrain from demanding additional charges and interest from the petitioner in respect of the delayed payments of the amounts adjudicated to be due by virtue of the Judgment of the Supreme court dated 2-5-1991 in Civil Appeal no. 2570 of 1985 and pass such other orders as may be just. "in W. P. No. 13458 of 1993, the following relief is sought,"for the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon ble Court may be pleased to issue a Writ of mandamus or appropriate writ, direction or order commanding the respondents to refrain from demanding additional charges and interest from the petitioner in respect of the delayed payments of the amounts adjudicated to be due by virtue of the Judgment of the Supreme court dated 2-5-1991 in Civil Appeal no. 2570 of 1985 and pass such other orders as may be just. "in W. P. No. 13458 of 1993, the following relief is sought,"for the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon ble Court may be pleased to issue a Writ of mandamus or any other appropriate writ, direction or order declaring as illegal the demand in Lr. No. SEO/ kmm/crs/ht/d. No. 1508 dated /-8-1983 and command the respondents to refrain from demanding additional charges from the petitioner in respect of the alleged delayed payments of the amounts claimed to be due for the months of august 1987 and September 1987 and subsequent periods and pass such other orders as may be just. "in W. P. No. 234 of 1994, the following relief is sought,"for the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon ble Court may be pleased to issue a writ or an order or a direction more particularly one in the nature of Writ of Mandamus declaring the levy of penal interest of rs. 45, 96,915. 90 in the bill for the month of December 1993 as highly illegal, arbitrary, unjust, void, without jurisdiction and opposed to the principles of natural justice and pass such other order or orders as are deemed fit and proper in the circumstances of the case. "facts in W. P. Nos. 9081 of 1991 and 13458 of 1993,

( 3 ) M/s. Nava Bharat Ferro Alloyslimited, the petitioner in the first two writ petitions, is a public limited company manufacturing Ferro Silicon. This petitioner s industry consumes huge quantities of electricity, approximately 10,000 units for every ton of Ferro Silicon. According to the petitioner, initially the board had agreed to supply power at the rate of 6 paiseper unit though the Board never supplied power at that rat








































































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