J U D G M E NT

PER HON’BLE MR. JUSTICE M. KARPAGA VINAYAGAM CHAIRPERSON

1. M/s. Tata Tele Services is the Appellant herein.

2. Aggrieved by the impugned order dated 8.9.2011 passed by Rajasthan State Electricity Regulatory Commission re- categorising the Appellant from ML/LT-7 to Non-domestic Service (“NDS”) category, the Appellant has presented this Appeal.

3. The Short facts are as under:

(a) The Appellant, a telecom service provider is an essential service provider. Jaipur Vidyut Vitran Nigam Limited (R-2), Ajmer Vidyut Vitran Nigam Limited (R-3) and Jodhpur Vidyut Vitran Nigam Limited (R-4) are the Distribution Licensees in the State of Rajasthan.

(b) In January, 2011, Jaipur Distribution Company (R-2) filed a Petition before the State Commission for determination of the Annual Revenue Requirement (ARR) and Retail Tariff for the Financial Year 2011-12. In the said Petition, the Distribution Company proposed for modification in the Non-domestic Category praying for the inclusion of the telephone Companies run on commercial basis in the Non-domestic Service category by shifting them from ML/LT-7 category.

(c) On this Petition, public notice was issued. After observing all the procedure