HON’BLE DR. JUSTICE G. YETHIRAJULU W.P.No. 17127 of 2003 DATE: 07-02-2008 Between: 1. M/s Jadhav Industries rep. by its Proprietor, Parvati Bai, W/o Shesha Rao, aged 47 years, Occ: Business, resident of Adilabad and another. ……………… Petitioner and 1. Northern Power Distribution Company A.P. Limited, rep by its General Manager, Corporate Office, Warangal and another. ………….. Respondents HON’BLE DR. JUSTICE G. YETHIRAJULU W.P.No. 17127 of 2003 ORDER: This writ petition has been filed by the petitioner seeking to declare the action of the respondents in unilaterally converting LT scheme to HT scheme of the consumer No.13326 and issuing bills from January, 2002 to September, 2002 under HT service as arbitrary and consequently to direct the respondents to revise and issue the bills for consumer No.12665 either under the LT scheme or at least under LT III (B) category. The grievance of the petitioner is that without giving opportunity to him, his two LT connections have been converted into a HT category service, therefore, the notice issued by the respondents, dated 31-05- 2001 is in violation of the principles of natural justice. But, the subsequent correspondence between the parties indicate that the petitioner informed the respondents that one of the mills by name M/s. Jadhav Industries was wind up and it was sold to M/s. Shiva Shivani Traders and requested to again convert the service connection into one of LT or LT III (B) connection with effect from the date of transfer of the industry. The Chief General Manager addressed a letter, dated 21-07-2002 to the petitioner informing that in pursuance of his representation, his request to treat his service as independent one and to bill the same under LT category III (A) will be considered provided that the following conditions are fulfilled: 1) Your unit (Industry) shall be independent and separate in all aspects i.e., you should have your own gate and office, separated by permanent compounding walls with 8 feet height, as per your ownership documents. 2) There should not be any gates, windows, doors in the separating walls compound walls, in between adjacent units. 3) In respect of S.C.No.12665, the DTR shall be shifted to his own premises. It was further mentioned in the letter that the above arrangement shall be made and reported to the Superintending Engineer/Operation/ Adilabad within one week from the date of receipt of this letter for considering your request to treat them as separate LT service till such time the services shall be billed under HT Category only. After receipt of the said letter, dated 21-07-2002, the petitioner addressed a letter, dated 30-07-2002 to the Superintending Engineer informing that the conditions mentioned in the letter, dated 21-07-2002 have been complied with, therefore, requested to check the premises and arrange to issue LT bills from July, 2002 onwards. In pursuance of the above letter written by the petitioner, it is desirable to direct the respondents to visit the concerned premises and if the facts mentioned in the letter of the petitioner, dated 30-07-2002 are existing on ground, the respondents shall convert the service connection from HT to LT or LT III (A) as per the norms of the Electricity Department and if they are found correct, the respondents shall make the demand from July, 2002 on satisfying that the petitioner fulfilled all the conditions. Accordingly, the writ petition is disposed of directing the respondents to visit the concerned premises and if the facts mentioned in the letter of the petitioner, dated 30-07-2002 are existing on ground, the respondents shall convert the service connection from HT to LT or LT III (A) as per the norms of the Electricity Department and if they are found correct, the respondents shall make the demand from July, 2002 on satisfying that the petitioner fulfilled all the conditions. The said process shall be completed within two months from the date of this order. No order as to costs. ___________________ Dr. G. YETHIRAJULU, J Date:07-02-2008 YCR