IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 12633 of 2004 Between: M/s Bhagyalaxmi Boiled Rice Mill, Kesamudram, Warangal District, Rep. by its Managing Partner, E. Nageshwar Rao, S/o. Bikshapathi, aged about 52 years, Occ: Business R/o Kesamudram, Warangal District ... PETITIONER AND 1 The Superintending Engineer, Northern Power Distribution Co. of A.P. Ltd, Warangal, Warangal District 2 The Asst. Divisional Engineer, Northern Power Distribution Co. of A.P. Ltd, Muhabubabad, Warangal District 3 The Asst. Accounts Officer, GRC, Warangal, Warangal District ...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 a Writ, Order or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing the bills dated 1-5-2004 vide letter No.AAO/GRC/Wgl/JAO(B)/BS/D.No.96/03, dated 1-6-2004 vide letter No.AAO/GRC/Wgl/JAO(B)/BS/D.No.181/03, and dated 30-6-2004 vide letter No.AAO/GRC/Wgl/JAO(B)/BS/D.No.274/03, in so far as they relate to low power factor figures and amounts relate to lower power factor surcharge in total Rs.1,48,548-40 Ps. as illegal, arbitrary Counsel for the Petitioner: MR.A.PRABHAKAR RAO Counsel for the Respondents: O.MANOHAR REDDY (SC FOR APTRANSCO) The Court made the following: ORDER: Petitioner submits that he is carrying on the business of rice mill in the name and style of M/s. Bhagyalxmi Boiled Rice Mill for which the respondents provided electricity supply under category LT-III vide Service Connection Nos.5001, 865 and 1726 and the contracted load is at 150 HP. The respondent authorities are recording the consumption of energy each and every month and sending the bills specifying the consumption of energy for the particular month and the amount payable. He further submits that he has been paying the bill amount within the stipulated time regularly. 2. Petitioner further submits that while so, the Assistant Accounts Officer, GRC, Warangal, of Northern Power Distribution Company issued bills dated 01.05.2004, 01.06.2004 and 30.06.2004 levying low power factor surcharge of Rs.55,784.38 ps, Rs.15,053.83 ps and Rs.77,710.19 ps respectively on the energy charges of the said bills amounting to Rs.37,318.80 ps, Rs.1,15,938.75 ps and Rs.1,25, 730.00 ps. In total a sum of Rs.1,48,548.40 ps has been levied towards low power factor surcharge. He further submits that the surcharge amount calculated on the energy is not in accordance with the terms and conditions of the contract and contrary to condition No.23 of the Revised Terms and Conditions of Supply of Electricity, therefore, the said demand is illegal, arbitrary and against principles of natural justice as not notice has been issued. 3. This Court while admitting the writ petition on 21.07.2004 directed the respondents not to insist upon the demand of the total surcharge amount of Rs.1,48,548.40 ps. towards low power factor surcharge under the aforesaid bills subject to the condition that the petitioner deposits a sum of Rs.75,000/- within four weeks. It is stated that the petitioner deposited the said amount. 4. Heard both the counsel. 5. A perusal of the said bills goes to show that no method has been indicated as to how the said low power factor surcharge has been levied. Insofar as the bill dated 01.05.2004 is concerned against the energy charges of Rs.37,318.80 ps the low power factor surcharge amount of Rs.55,784.38 ps has been levied whereas in the second bill dated 01.06.2004 against the energy charges of Rs.1,15,938.75 ps the low power factor surcharge amount of Rs.15,053.83 ps has been levied. Thus, it appears that there is no nexus in levying the low power factor surcharge. 6. Having regard to the facts and circumstances of the case and as the demanded bills are not self-explanatory, the petitioner is permitted to make a representation before the third respondent within two weeks from the date of receipt of a copy of this order and on making such a representation, the third respondent may consider and dispose the same after giving reasonable opportunity to the petitioner in accordance with law. Till then the balance of low power factor surcharge covered by the aforesaid bills shall not be collected. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J March 5, 2008 Note: Furnish C.C. of the order in three days. (B/o) DSK