IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 11128 of 2008 Between: M/s. Enear Steel & Alloys Ltd., Sy. Nos. 92, 97 & 98, Jahangiriir Darga Road, Kothur Village & Mandal, Mahaboobnagar District. rep. byits Managing Director, Rajenadra Agarwal. ..... PETITIONER AND 1 The Central Power Distribution Company of A.P. Ltd., rep. by its Chairman & Managing Director, Singareni Bhavan, Red Hills, Hyderabad. 2 The Superintending Engineer, Operation, The Central Power Distribution Company of A.P. Ltd., A.C. Guards Sub-Station, A.C. Guards, Hyderabad. 3 The Senior Accounts Officer,Operation, The Central Power Distribution Company of A.P. Ltd., Mahaboobnagar District, Mahaboobnagar. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the letter no. SE/OP/MBNR/SAO/HT/D.No. 14/2008 dated 16-05-2008 of the 2nd respondent as highly illegal, arbitrary, unjust and contrary to the order dated 21-6-2007 passed by this Hon'ble Court in W.P. No. 9241/2000 and consequently set asdie the same and pass Counsel for the Petitioner:MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.11128 of 2008 ORAL ORDER: The learned counsel on either side fairly conceded that the issue that arises in this writ petition is squarely covered by the judgment rendered by this Court in W.P.No.8444 of 2003 and batch dated 8.8.2008, therefore this writ petition is also liable to be allowed in terms thereof. In view of the above, following the above judgment, this writ petition is allowed to the extent indicated below: The respondents shall work out: 1. Total number of units consumed by all the consumers in each financial year; 2. Total fuel cost adjustment charges in one financial year; 3. Total number of units consumed by HT and LT- III consumers. Divide the total fuel cost adjustment charges with number of units consumed by HT and LT-III consumers; 4. Arrive at the extra cost to be born by the HT and LT-III consumers per unit; 5. Multiply additional cost of each unit with the units consumed by each HT and LT-III consumer; 6. Total additional cost payable by each HT and LT-III consumer to be arrived at; 7. Out of the total additional cost payable by each consumer, the amount paid towards provisional assessment by each consumer has to be deducted; 8. The balance has to be arrived at, which will disclose whether he paid excess amount or there is deficit payable; 9. On doing such calculation, the respondents have to give the details of calculation in respect of each consumer and take steps either to refund the amount paid in excess or demand the amount payable by the consumer. The demand notices issued by the respondents are illegal, therefore they are set aside. The respondents are at liberty to issue fresh demand notices after working out the amount towards fuel cost adjustment as indicated. No order as to costs. ____________ C.V.RAMULU, J Date: 4.12.2008 Note: Issue C.C. in one week. B/o DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.11128 of 2008 4.12.2008