IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 22472 of 2000 Between: C.R.R. School rep by its Correspondent V. Janardhan Reddy Dinnedevarapadu-Post, Kurnool District. ..... PETITIONER AND 1 A.P.Transco rep by its Chairman & Managing Director Vidyuth Soudha, Hyderabad 2 The A.P. Eletricity Regulation Commission rep by its Chairman 8-2-283/B/1, Road No.3, Banjarahills, Hyderabad 3 The Assistant Accounts Officer E.R.O. R/o Kurnool, Kurnool District 4 The Assistant Divisional Engineer, A.P.Transco., Kurnool, Kurnool 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 order or direction more particularly one in the nature of Writ of Mandamus, declaring the classifications of Private Educational Institutions and their Hostel under L.T. Category-II, Non-Domestic and commercial as illegal, arbitrary and opposed to Article 14, of the Constitution of India and consequently direct the respondents to classify the Private Educational Institutions under L.T. Category-VII General Purpose on par with the Government Educational Institutions and their Hostel and grant such other relief as this Honourable High Court may deem fit and proper. Counsel for the Petitioner:MR.S.NAGESWARA REDDY Counsel for the Respondent No.: MR G.PEDDA BABU WRIT PETITION NO : 15430 of 2001 Between: 1.Anwar-Ul-Uloom Educational Society, a society registered under A.P (T.A) Public Societies Registration Act,1350 F, Mallepally, Hyderabad. Rep by its Hon. Secretary And Correspondent, Sr. Mahboob Alam Khan. 2. Anwar-Ul-Uloom College, Rep by its Hon. Secretary & Correspondent Sri Mahboob Alam Khan 11-3-917,Mallepally, Hyderabad. ..... PETITIONERS AND 1 A.P.Central Power Distribution Ltd., Rep by its Chairman & Managing Director, Vidyuth Soudha, Kairthabad, Hyderabad. 2 The Chief Engineer/COM/T, A.P.Central Power Distribution Ltd., Vidyuth Soudha, Kairthabad, Hyderabad 3 Accounts Officer G.R.C., A.P.Central Power Distribution Ltd., Vidyuth Soudha, Kairthabad, Hyderabad .....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 to issue a WRIT or other appropriate order or direction more particularly in the nature of a Writ of Mandamus declaring the letter dated AO/GRC/JAO/D.No.683/2001 dt: 30.6.2001, issused by the 3rd respondent purportedly based on a Memo dt 4.6.2000 issused by the 2nd respondent (Not Communicated to the petitioner) as arbitrary, discriminatory and violative of Articles 14,19 (1) (A) of the Constitution of India and principles of natural justice illegal, null , void and consequently direct the respondents not to take any action pursuant to the above letter in the interest of justice and pass Counsel for the Petitioner:MR.B.NALIN KUMAR Counsel for the Respondent No.: Mr.O.Manohar Reddy The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NOS.22472 OF 2000 AND 15430 OF 2001 COMMON ORDER: In both the writ petitions, as the common issue arises for consideration, they are heard together and disposed of by this common order. In these writ petitions, the petitioners have challenged the categorization for the purpose of levy of electricity consumption charges. It is their case that earlier, the educational institutions were being categorized under L.T.Category-VII, but however, in the tariff order issued by notification dated 27-5-2000, they were categorized under L.T.Category-II. The validity of the very tariff order was the subject matter of challenge in W.P.No.9388 of 2000 and batch in the case of M/s.Vishnu Cements Limited & others Vs. Central Power Distribution Company of Andhra Pradesh Limited and others {2003(5) ALT 408 (DB)}, wherein, a Division Bench of this Court upheld the said tariff order. Further, the Supreme Court in the case of Association of Industrial Electricity Users Vs. State of AP (AIR 2002 SC 1361), upheld the judgment of the Division Bench of this Court, stated supra. In the said case, the Supreme Court held as follows:- “The judicial review in a matter with regard to fixation of tariff has not be to as that of an appellate authority in exercise of its jurisdiction under Article 226 of the Constitution. All that the High Court has to be satisfied is that the commission has followed the proper procedure and unless it can be demonstrated that its decision is on the face of it arbitrary or illegal or contrary to the Act, the Court will not interfere. Fixing a tariff and providing for cross-subsidy is essentially a matter of policy and normally a Court would refrain from interfering with a policy decision unless the power exercised is arbitrary or ex facie bad in law.” In view of the Judgments stated supra, I do not find any valid ground for grant of relief as prayed for. However, it is submitted by the learned counsel appearing for the petitioners that in the tariff order, which was notified subsequent to the tariff order dated 27-5-2000, some schools which are being run by the charitable institutions were categorized under L.T.Category-VII. In such of the cases, it is always open for them to move the concerned authority i.e., Superintending Engineer of the respective Distribution Companies, by filing representations with supporting material to show that said schools are being run by charitable institutions. If such representations are filed, it is equally open for the said authority to consider the same and pass suitable orders for categorization of the purpose of electricity tariff. The writ petitions are accordingly disposed of. No order as to costs. _______________ V.ESWARAIAH,J Dated: 11.06.2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 A.P.Transco rep by its Chairman & Managing Director Vidyuth Soudha, Hyderabad 2 The A.P. Eletricity Regulation Commission rep by its Chairman 8-2-283/B/1, Road No.3, Banjarahills, Hyderabad 3 The Assistant Accounts Officer E.R.O. R/o Kurnool, Kurnool District 4 The Assistant Divisional Engineer, AP Transco, Kurnool, Kurnool District 5. A.P.Central Power Distribution Ltd., Rep by its Chairman & Managing Director, Vidyuth Soudha, Kairthabad, Hyderabad. 6. The Chief Engineer/COM/T, A.P.Central Power Distribution Ltd., Vidyuth Soudha, Kairthabad, Hyderabad 7. Accounts Officer G.R.C., A.P.Central Power Distribution Ltd., Vidyuth Soudha, Kairthabad, Hyderabad 8. 2CCs to 9. 2CD copies