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1997 Supreme(AP) 969

AVINASH SOMAKANT BHATE, P.VENKATRAMA REDDY
Rayalaseema Roller Flour Mills, Cuddapah – Appellant
Versus
A. P. State Electricity Board, Vidyut Soudha, Somajiguda, Hyderabad – Respondent


P. VENKATARAMA REDDI, J.

( 1 ) THE petitioners are all High Tension Consumers of electricity, drawing power from A. P. State Electricity Board (hereinafter referred to as board or apseb ) for their industries. They challenge the demands raised or collections made by APSEB in the years 1990 and 1991 towards additional charges for the belated clearance of the energy bills. It appears that this additional charge is also known as surcharge for late payment . The additional charge or surcharge is payable under clause 32. 2. 1 of the Terms and Conditions of Supply of Electrical Energy framed by the Board under Section 49 of the Electricity (Supply) Act. The clause reads as follows : "bills shall be paid by the High Tension Consumers within fifteen days and by low tension consumers wilhin thirty days from the date of the bill failing which the consumer shall be liable to pay an additional charge of 2% per month or part thereof for the period of delay on the amount of the bill, subject to minimum of Re. 1/ -. "

( 2 ) THIS batch of writ petitions can be sub-divided into two categories, though the issue involved is broadly the same. Writ Petition Nos. 8950/91, 9150/91, 9159/91, 9160/91 a




















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