IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 13243 of 2004 Between: Smt.S.Lakshmi Devi, W/o.S.Chinnapu Reddy, Ramakrishna Stone Industry, D.No.4/54, Khanakadripalli Village, Kolimigundla Mandal,Kurnool. ..... PETITIONER AND 1 A.P.Transco, rep.by its Chairman, Vidyuth soudha, Somajiguda, Hyd. 2 The Suptd. Engineer, Operation, A.P.Transco, Kurnool. 3 The Divisional Engineer, Operation, Nandyal, Kurnool Dist. 4 The Assistant Divisional Engineer, Operation, Banaganapalli, Kurnool Dist. 5 The Additional Assistant Engineer, Operation, Kolimigundla, Kurnool Dist. .....RESPONDENTS 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 issue writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 4th and 5th respondents in demanding interest and showing as arrears in the electricity bill dt.1-7-2004 in respect of service Connection bearing S.C.no.297 allotted to the stone industry belonging to the petitioner and refusing to receive the regular electricity consumption charges and consequently disconnecting the power supply to the S.C.No.297 of premises bearing D.No.4/47, Khanakhadripalli village Kolimigundla Mandal, Kurnool District, as illegal, arbitrary and consequently direct the respondents to restore the electricity connection on payment of regular electricity bill. Counsel for the Petitioner:MR.J.JANAKIRAMI REDDY Counsel for the Respondent No.: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : ORDER: In this Writ Petition the petitioner seeks directions by way of Mandamus to declare the action of the respondents in demanding interest of Rs.55,161/- by showing as arrears in the electricity bill dated 01-07-2004 in respect of the service connection of the petitioner in S.C.No.297 of premises bearing D.No.4/47, Khanakhadripalli Village, Kolimigundla Mandal, Kurnool District, as illegal and arbitrary. The petitioner has obtained the aforesaid service connection for the purpose of stone polishing industry. In the year 2000, the officials of the respondent company have inspected the industry of the petitioner and a case of malpractice was registered and in the assessment proceedings an order was passed determining the liability of the petitioner at Rs.3,73,143/-. Thereafter, the petitioner submitted a representation for grant of installments and the Superintending Engineer vide it’s proceedings dated 27-11-2002 has permitted the petitioner to pay such arrears in two instalments. Though the second instalment was to be paid by 27-12-2002, the petitioner has not paid the same and delayed more than twelve months. As much as the second instalment amount was not paid within the permitted time, respondents have imposed surcharge/interest on the delayed payments and the late payment charges accumulated to Rs.55,161/- was quoted in the consumption bill of 01st July, 2004. It is a case of the petitioner that as much as the respondents have already restored power supply on paying an amount of Rs.3,73,143/- as per the final assessment orders, it is not open for the respondents to collect any further amounts on account of surcharge/interest on delayed payment. In this case it is to be noted that on the application of the petitioner, the Superintending Engineer has passed orders granting two instalments and the second instalment amount of Rs.1,86,623/- was to be paid by 27-12-2002. The electricity service granted to the petitioner is governed by the terms and conditions of supply framed under Section 49 of the Electricity Supply Act, 1948 framed under B.P. Ms. No.690, dated 17-09- 1975. For the disposal of this case, it is appropriate to refer to the condition No.34 of the terms and conditions of supply. Condition No.34 of the terms and conditions of supply reads as under: “34.Payment of dues of the board in instalments :- - The Board may permit a consumer when he so requests, to pay charges for electricity supply, consumption deposit or any other charges in instalments provided that, where such request is granted, the consumer shall in addition to any additional charges leviable due to belated payment as per the Clause 32.2 hereof under the other terms and conditions of supply, pay interest charges at 24% per annum, on the amount outstanding out of the charges allowed to be paid in instalments. [B.P.Ms.No.420, dt.23-3-1992] (b) “Provided that consumers availing supply under slab system of billing who are served with adjustment bills for Rs.1,500/- and above are permitted to pay the adjustment bills in instalments not exceeding six in accordance with para (b) of para 32.2.1 may be exempted from payment of interest charges 24% per annum referred to above, provided they have been prompt in payment of slab amount till the issue of adjustment bill.” [B.P.Ms.No.471, dt.9-5-1989 and B.P.Ms.No.420, dt.23-3- 1992]” Even according to the petitioner he has not paid the amount as per the final assessment orders and as per the instalment granted by the Superintending Engineer by order dated 27-11- 2002. It is always open for the respondents to collect the interest charges at the rage of 24% per annum and also to collect the additional charges on delayed payment at the rate of 2% per month for the period of delay under Clause 39.13. As much as the petitioner has admittedly not paid the amount within the period granted by the respondents, I do not find any illegality in collecting the amount of Rs.55,161/- on account of interest/additional charges. The said liability is imposed in accordance with the terms and conditions of the supply. For the aforesaid reasons, I do not find any merit in the Writ Petition. The Writ Petition is accordingly dismissed. However, as much as it is stated that petitioner has already deposited an amount of Rs.25,000/- pursuant to the orders of this Court dated 30-07-2004, the petitioner is granted two months time for paying the balance of Rs.30,161/-. No order as to costs. ____________________ R.SUBHASH REDDY, J. 18th June, 2009. skmr