IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.14254 of 2002 Between: M/s. Ambica Steel Udyog Ltd., IDA. Rep. by its Managing Director, Rajendra Agrwal, Plot No. 116, Bolaram Village, Medak District. ..... Petitioner AND 1 Transmission Corporation of A.P. Limited, (A.P.TRANSCO) Rep. by its Chief Managing Director, Vidyut Soudha, Khairtabad, Hyderabad. 2 The Chief Engineer (Commercial), Central Power Distribution Company of A.P. Limited, (A.P.Transco), Singareni Bhavan, Hyderabad. 3 The Superintending Engineer, Operation Circle, Central Power Distribution Company of A.P., Limited, A.P., Transco. Sangareddy, Medak 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 direction more particularly one in the nature of Writ of Mandamus directing the action of the respondents in not derating the petitioner's Contracted Maximum Demand from 1250 KVA to 1000 KVA as highly illegal, arbitrary, unjust and contrary to Clause 26.8 of the Terms and Conditions of Supply of the 1st respondent and pass Counsel for the Petitioner: MR.D.V.NAGARJUNA BABU Counsel for the Respondents: MR.O.MANOHAR REDDY (SC FOR APTRANSCO) The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.14254 of 2002 ORDER: Petitioner is an incorporated company having steel rerolling mill for manufacturing M.S. rods etc., in I.D.A., Bollaram, Medak District. Petitioner is availing H.T. power supply from Andhra Pradesh State Electricity Board (now, A.P. Transco). The contracted maximum demand (CMD) is 1,250 KVA. Supply of electricity to petitioner is governed and regulated by revised terms and conditions of supply. Condition 26.8 thereof gives a right to a consumer to seek reduction or termination of agreement by giving three months notice in writing. Accordingly on 26.4.2002 petitioner made application to second respondent requesting to derate their CMD from 1,250 to 1,000 KVA, in vain. Therefore they filed present writ petition. This Court while admitting writ petition on 20.8.2002 passed interim orders directing respondents to charge petitioner for 1,000 KVA with eﬀect from July 2002. Be that as it is, in spite of the fact that six years elapsed after filing writ petition, respondents have not ﬁled counter aﬃdavit opposing writ petition. Therefore, the writ petition is allowed and a direction shall issue to respondents to pass appropriate orders immediately derating petitioners CMD to 1,000 KVA with effect from July 2002. The writ petition is accordingly allowed with costs. ______________ (V.V.S.RAO, J) September 12, 2008 YS To 1 Transmission Corporation of A.P. Limited, (A.P.TRANSCO) Rep. by its Chief Managing Director, Vidyut Soudha, Khairtabad, Hyderabad. 2 The Chief Engineer (Commercial), Central Power Distribution Company of A.P. Limited, (A.P.Transco), Singareni Bhavan, Hyderabad. 3 The Superintending Engineer, Operation Circle, Central Power Distribution Company of A.P., Limited, A.P., Transco. Sangareddy, Medak District 4 Two C.D. Copies.