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2000 Supreme(Online)(SC) 183

N. SANTOSH HEGDE.
CHITTOOR ZILLA VYAVASAYADARULA SANGHAM – Appellant
Versus
A.P.STATE ELECTRICITY BOARD – Respondent


Advocates:
RAKESH K. SHARMA

JUDGMENT:

MISRA, J.

Leave granted in all the special leave petitions.

The questions raised in these appeals are:

(a) Whether the Andhra Pradesh Electricity Board (hereinafter referred to as the Board) is competent to put an end to the policy decision of the State to supply electricity to the agricultural sector at subsidised uniform flat rate and convert the same into multi different tariff rates discarding the principle of fixation of uniform tariff as contemplated in Section 59 of the Electricity (Supply) Act, 1948.

(b) Whether the Board is competent to fix tariff as per use of smaller or bigger@@ H.P. motor and whether this fixing has any rational basis@@ which discriminate between one from the other agriculturists.

The present appeals are directed against the orders of the Andhra Pradesh High Court dismissing appellants writ petitions, holding that the Board decision in fixing different rates based on the capacity of motor is neither arbitrary nor discriminatory.

In order to appreciate the controversy we are herein giving short matrix of facts. The appellant is a registered society having farmers in various districts of Andhra Pradesh as its members. According to the case of the appe

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