IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 14493 of 2009 Between: M/s. Jeevaka Industries Ltd., Annaram (Village), Jinnaram (M), Medak District, Represented by its Director, Anil Agarwal. ..... PETITIONER AND 1 The Central Power Distribution Company of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, Represented by its Chief Managing Director. 2 The Superintending Engineer, Operation Circle, The Central Power Distribution Company of A.P. Ltd., Medak at Sangareddy, Medak District. 3 The Senior Accounts Officer, Operation Circle, The Central Power Distribution Company of A.P. Ltd., Medak at Sangareddy, Medak District. ..RESPONDENTS Counsel for the Petitioner:MR.D.V.NAGARJUNA BABU Counsel for the Respondents: MR.S.V.RAMANA FOR MR.O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : O R D E R: This writ petition is filed for a Mandamus to set aside notice dated 13-07-2009 issued by respondent No.3. The petitioner is a consumer of Central Power Distribution Company of A.P.-respondent No.1 herein. The petitioner along with various similarly situated consumers filed several writ petitions in this Court questioning non-refund of the excess amounts collected towards Fuel Cost Adjustment (for short “FCA”) charges. The batch of writ petitions was disposed of by this Court by judgment dated 08-08-2008, wherein the following directions were given by this Court. “In the result, all the writ petitions are 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.” As the exercise directed to be undertaken in the said judgment was not completed and no intimation was given to the petitioner regarding the FCA charges, the petitioner worked out the final FCA charges and withheld a sum of Rs.7,52,493/- towards the purported excess FCA charges along with interest @18%. As this amount was withheld from out of the bill for the month of June, 2009, therefore, the respondents gave disconnection notice to the petitioner, which is impugned in this writ petition. At the hearing, Sri D.V.Nagarjuna Babu, learned counsel for the petitioner, submitted that as the respondents failed to comply with the directions given by this Court in the above mentioned judgment, there was no option to the petitioner, other than calculating the excess FCA charges and withholding the sum along with interest payable to it. Sri S.V.Ramana, learned counsel representing the learned Standing Counsel for the respondents, submitted that the respondents have commenced the exercise of working out the final cost of FCA and the final cost will be intimated to the petitioner, within a period of three weeks from today. In my considered view, while respondent No.1 is under an obligation to implement the judgment of this Court, the petitioner, however, cannot be permitted to unilaterally withhold the purported excess payment towards the regular consumption bills payable by it for the consumption of electricity. Such a liberty was not reserved with the petitioner in the judgment of this Court referred to above. If the petitioner had grievance of non-implementation of the judgment, it is entitled to avail the appropriate remedy under law. Therefore, the writ petition is disposed of in the following terms: 1. The petitioner shall pay the withheld amount towards the consumption charges for the month of June, 2009, within a period of one (1) week from today. 2. The respondents shall workout the final FCA charges in terms of the directions given by this Court in judgment dated 08-08- 2008 in W.P.No.8444 of 2000 and batch and intimate the same to the petitioner, within a period of three (3) weeks from today. As a sequel to disposal of main petition, WPMP No.19007 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 21st July, 2009 Note: Issue C.C in three days vrn