THE HON’BLE SRI JUSTICE V.V.S.RAO CONTEMPT CASE No.56 of 2007 Dated:13.11.2009 Between: Mahavir Institute of Medical Sciences. ….Petitioner And Shri Madan Mohan, And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CONTEMPT CASE No.56 of 2007 ORDER: The petitioner is a charitable trust availing power supply from the respondents under the HT category. Initially, the petitioner was charged tariff at Rs.3.30 paise/Rs.3.50 paise per unit and was categorized as HT-I. Respondents, however, without notice changed the tariff category, allegedly, at the instance of Accountant General and demanded HT category II tariff rate of Rs.4.50 paise/ Rs.4.40 paise per unit. When the impugned demand letter was issued on 22.11.2006 asking the petitioner to pay a sum of Rs.3,14,348/- the petitioner filed W.P.No.25509 of 2006 seeking a writ of mandamus declaring the action of the respondents in changing the tariff category as illegal and arbitrary. This Court placing reliance on Condition 3.4.1 of General Terms and Conditions of Supply and following an unreported judgment in Sri Aurobindo Integral School v Chief General Manager/Expr. Southern Power Distribution Company of A.P Limited[1] set aside the demand letter impugned in the writ petition and remitted the matter to the first respondent to issue notice to the petitioner and take necessary action in the matter. The Writ Petition was accordingly disposed of on 08.12.2006. The petitioner filed the instant contempt case alleging that in spite of the order of this Court, the petitioner was served bills for November 2006 demanding higher rate of tariff and insisted payment in spite of notices. It is alleged that respondents also threatened to disconnect power supply if the tariff rate of Rs.4.40 per unit is not paid. Alleging contempt, the present Contempt Case is filed. After receiving notice respondents filed separate counter affidavits. First respondent filed counter affidavit denying various allegations. In paragraph 5 thereof, he states as under. It is respectfully submitted that the allegation made by the petitioner that the service connection would be disconnected if the amount as raised in the bill is not true and correct. It is further submitted that the petitioner has been informed by a letter dated 26.05.2007 that the amounts paid as per HT category II would be adjusted in future bills and the service will be billed under H.T Category-I pending disposal of the issue with regard to the classification of the petitioner’s service. It is further submitted that the differential amounts so paid by the petitioner have been adjusted in the monthly consumption bill issued for the month June, 2007 and the petitioner has paid the same. Similar averment is made by the second respondent also in his separate counter which reads as under. It is respectfully submitted that the allegation made b the petitioner that the service connection would be disconnected if the amount as raised in the bill is not true and correct. It is further submitted that the petitioner has been informed by a letter dated 26.05.2007 that the amounts paid in excess would be adjusted in future bills and the service will be billed under H.T.Category-I pending disposal of the issue with regard to the classification of the petitioner’s service. In view of the counter averments which remain uncontroverted, this Contempt Case is disposed of observing that until the final orders are passed after issuing notice to the petitioner, the respondents shall adjust the excess amounts paid by the petitioner in future bills and shall also bill under category HT–I pending disposal of the matter. The Contempt Case is disposed of accordingly. _______________ (V.V.S.RAO, J) 13.11.2009 vs [1] W.P.No.11589 of 2006, dated 14.09.2006