IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.13937 of 2002 Between: 1 The Vegeswarapuram Ettipotala Padakam Rytu Sangam, Regd. No.313/98, Rep. by its President K. Ram Babu S/o Bangaraiah R/o Vegeswarapuram, Tallapudi Mandal, West Godavari District. Vegeswarapuram, Tallapudi Mandal, West Godavari District. 2 K. Narasimharao S/o Satyam, R/o Vegeswarapuram, Tallapudi Mandal, West Godavari District. ..... Petitioners AND 1 The Mananging Director, Transmission Corporation of A.P. Ltd., Vidyut Soudha, Hyderabad. 2 The Superintending Engineer, A.P. Eastern Power Distribution Co. Ltd., Operation Circle, Eluru, West Godavari District. 3 The Senior Accounts Officer, A.P. Eastern Power Distribution Co. Ltd., Operation Circle, Eluru, West Godavari District. 4 A.P. State Irrigation Development Corp. Ltd., Rep. by its Executive Engineer, Eluru, West Godavari 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 an appropriate writ, order or direction, in the nature of Mandamus declaring the action of the 1st and 2nd Respondent in including the petitioner under the Category HT-IV (A) (LIS), instead of collecting HT-IV (B) (LIS) as arbitrary, illegal, unjust and colorable exercise of power vested in them, apart from being violative of the letter No. CE/(COMNS)/Tariﬀs/2002- 2003/D.No.130/02, dated 1-4-2002 issued by the Director (Comml. Co-ord.) A.P. Transco, pursuant to the letter No. APERC/SECY/F5/D.No. SPL1/2002 dated 24-3-2002 as also being violative of the Constitutional Right guaranteed to the petitioner under Article 300-A of the Constitution of India and Fundamental Rights guarnteed under Article 14 of the Constitution of India and consequently direct the 2nd Respondent to charge the petitioner under category HT-IV (B) (LIS). Counsel for the Petitioners: MR.C.V.R.RUDRA PRASAD Counsel for the Respondents: MR.O.MANOHER REDDY The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.13937 of 2002 ORDER: The Vegeswarapuram Ettipotala Padakam Rytu Sangam (Rytu Sangam, for short) and its president are petitioners. They filed instant writ petition praying the following. … … the petitioners herein pray that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction in the nature of Mandamus declaring the action of the 1st and 2nd respondents in including the petitioners under the category HT-IV(A) (LIS), instead of collecting HT-IV(B) (LIS), as arbitrary, illegal, unjust and colorable exercise of power vested in them, apart from being violative of the letter No.CE/(COMNS)/Tariﬀs/2002-2003/D.No.138/02, dated 01.4.2002, issued by the Director (Comml. & Co-ord.), A.P. Transco, pursuant to the letter No.APERC/SECY/F5/D.No.SPL1/2002, dated 24.3.2002, as also being violative of the Constitutional Right guaranteed to the petitioners under Article 300-A of the Constitution of India and Fundamental Rights guaranteed under Article 14 of the Constitution of India and consequently direct the 2nd respondent to charge the petitioners under category HT-IV(B)(LIS) and pass such other order orders as are deemed ﬁt and proper in the circumstances of the case. The lift irrigation scheme on River Godawari at Vegeswarapuram was managed by Andhra Pradesh State Irrigation Development Corporation (APSIDC). For the purpose of lift irrigation, Andhra Pradesh State Electricity Board (now, Andhra Pradesh Eastern Power Distribution Co. Ltd., APEPDCL) sanctioned and supplied 120 KV of electricity. As per relevant tariﬀ order, supply was made under HT Category IV and an amount of Rs.400/- per HP per annum on contracted load was levied. In 2002, Andhra Pradesh Electricity Regulatory Commission (APERC) revised tariﬀs with eﬀect from 01.4.2002. In pursuance thereof, Director/Commercial, Transmission Corporation of Andhra Pradesh (APTRANSCO) vide its communication dated 01.4.2002 issued working instructions to all power distribution companies including APEPDCL. As per these conditions, lift irrigation schemes are levied two kinds of tariffs. Government lift irrigation schemes are classiﬁed as HT-IV(A) for which ﬂat rate of tariﬀ was abolished, electricity charges are to be levied as per billing based on metered consumption @ 178 Ps/KWH. Lift irrigation schemes other than Government schemes are in HT-IV(B). These are charged ﬂat rate @ 400 per HP per annum with option to consumer to pay 35 ps/KWH. Rytu Sangam – petitioner herein; is a society registered under Societies Registration Act 1960. It was registered in 1998. Vegeswarapuram lift irrigation scheme original developed by APSIDC was handed over to Rytu Sangam on 24.12.1998. They also allegedly entered into agreement with APSIDC taking over assets and liabilities including obligation for civil, electrical and mechanical repairs and payment of electricity consumption charges. The fact that Rytu Sangam took over APSIDC lift irrigation scheme was also informed to respondents. Deputy Executive Engineer, APSIDC, appears to have asked second petitioner to exercise option as per revised tariﬀ order. Petitioners allegedly exercised option for HT-IV(B) i.e., 35 ps/KWSH. In the electricity bill for April 2002, dated 01.5.2002, petitioner Sangam was charged under HT-IV(A), aggrieved by which present writ petition is ﬁled. Petitioners contend that as APSIDC handed over scheme to them on 24.12.1998, they ﬁled under HT-IV(B) and impugned bill charging under category IV(A) (178ps/HWH) is illegal and arbitrary. The Senior Accounts Oﬃcer, APEPDCL, Eluru, ﬁled counter affidavit. It is admitted that APSIDC handed over lift irrigation scheme to Rytu Sangam, that Deputy Executive Engineer, APSIDC, advised second petitioner to furnish their option in writing under revised tariﬀ order dated 03.6.2000 and that till 16.6.2002 lift irrigation scheme of petitioners was charged under HT-IV(A). It is also alleged that Deputy Executive Engineer, APSIDC, or president of petitioner never met second respondent and that they never requested to treat their service No.ELR 123, Vegeswarapuram, under HT category-IV(B), which is with eﬀect from 01.4.2002. It is also alleged that though the scheme was handed over to petitioners in 1998, President entered into agreement with APEPDCL on 18.6.2002 and therefore till 16.6.2002 bills were issued under category IV(A) as the unit was managed by the Government. Petitioners have not ﬁled any reply aﬃdavit denying counter averments. Learned Counsel for petitioners placed strong reliance on working instructions dated 01.4.2002 issued by the Director (Commercial), APTRANSCO, and submits that as lift irrigation scheme is no more under control of the Government and is managed by petitioner Rytu Sangam, bills have to be issued treating it under HT-IV(B). Per contra, learned Standing Counsel for APTRANSCO submits that even though transfer was eﬀected in 1998, President entered into agreement with APEPDCL on 18.6.2002 and therefore till that date petitioners have to pay under category IV(A). He also submits that from the date of execution of agreement bills were issued to petitioner under category IV(B). For the sake of ready reference, following averments in counter affidavit may be extracted. The Executive Engineer, APSIDC, Eluru in his letter No.IDC/E.E., Eluru/DB/745 dated 20.1.2001 has requested the Superintending Engineer/Operation/A.P.Transco, Eluru, that as the Vegeswarapuram L.I. Scheme was already handed over to the beneﬁciary committee of the Vegeswarapuram L.I. Scheme, the bills may be sent to the President, Beneﬁciary Committee, Vegeswarapuram for early payment to A.P. Transco. The President, Vegeswarapuram Pumping Scheme Beneﬁciary Committee, Vegeswarapuram in his letter dated 18.6.2002 has applied for transfer of the H.T. service in the name of President, Vegeswarapuram Ethpothala Pathakam, Rythu Sangam, Vegeswarapuram. The Divisional Engineer, A.P.S.I.D.C. Ltd., in his letter dt.Nil has also given his consent for transfer of the H.T. service. The president has signed the agreement abiding all the terms and conditions of supply prescribed by the A.P.E.P.D.C. Ltd., from time to time. The bills were issued upto 16.6.2002 under Category-IV(A) as unit was managed by Government. After transfer of the unit from A.P.S.I.D.C. to President, Vegeswarapuram Ethipothala Pathakam from 17.6.2002 which comes under Non-Govt. bills issued under Category-IV(B). therefore the petitioner, the President, Vegeswarapuram Ethipothala Pathakam is liable to pay the diﬀerential amount between Category-IV(A) and IV(B) for the period from 01.4.2002 to 16.6.2002 as per the terms and conditions of supply in the revised tariﬀ 2002-2003. The above two paragraphs explain entire case of respondents. Admittedly HT-IV was sub-divided into Category-IV(A) and IV(B) only with eﬀect from 01.4.2002. Though as per agreement of transfers, petitioners agreed to pay C.C. charges as per tariﬀ order, after revised tariﬀ order came into force with eﬀect from 01.4.2002 they did not approach competent authority of distribution company and executed necessary agreement. As per averment made in counter aﬃdavit, it is not denied, HT service agreement was entered into by President of Rytu Sangam only on 18.6.2002. Therefore till new agreement is entered into by petitioners, lift irrigation scheme cannot be treated as one falling under HT-IV(B), though de facto it was being run by petitioners Sangam. As rightly submitted by respondents 1 to 3 till 16.6.2002 (from 01.4.2002 to 16.6.2002), petitioners were required to pay under HT-IV(A) only. If petitioners have any further grievance, they may seek redressal before Redressal Commission established under Section 42(5) of Electricity Act 2003. The writ petition, with the above observations, is accordingly dismissed. No costs. ______________ (V.V.S.RAO, J) September 11, 2008 YS To 1 The Mananging Director, Transmission Corporation of A.P. Ltd., Vidyut Soudha, Hyderabad. 2 The Superintending Engineer, A.P. Eastern Power Distribution Co. Ltd., Operation Circle, Eluru, West Godavari District. 3 The Senior Accounts Officer, A.P. Eastern Power Distribution Co. Ltd., Operation Circle, Eluru, West Godavari District. 4 A.P. State Irrigation Development Corp. Ltd., Rep. by its Executive Engineer, Eluru, West Godavari District. 5 Two C.D. Copies.