IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION Nos. 9945 of 2004, 11637 of 2004, 11638 of 2004, 11639 of 2004, 11745 of 2004, 11746 of 2004, 12032 of 2004 and 12173 of 2004 1)WRIT PETITION NO : 9945 of 2004 Between: M/s L.G. Polymers India Private Limited., R.R. Venkatapuram, Visakhapatnam, rep. by its General Manager (IR & HR) Mr.B.Sudhakar, S/o. B.Suryanarayana, Hindu, R/o. Visakhapatnam. …. Petitioner AND 1 Transmission Corporation of A.P. Ltd., Vidyutsoudha, Khairatabad, Hyderabad rep by its Chairman and Managing Director. 2 Eastern Power Distribution Company of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, rep. by its Chairman and Managing Director. 3 Andhra Pradesh Gas Power Corporation Ltd, 201, 2nd Floor, My home Sarovar Plaza, Secretariat, Road, Hyderabad-063 rep. by its Managing Director. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate, writ, order or direction declaring that respondent 1 and 2 have no authority to levy and demand any tariff in respect of the power allocated by 3rd respondent in excess of the bills raised by the 3rd respondent and consequentially direct the respondents 1 and 2 to forbear from raising such bills. Counsel for the Petitioner: MR.C.V.NAGARJUNA REDDY Counsel for the Respondents : SMT.M.VINOBHA DEVI 2)WRIT PETITION NO : 11637 of 2004 Between: M/s SRJ Poly Films Private Ltd., Plot No.215/B, Phase-II, IDA, Cheriapally, Ranga Reddy district, rep. by its Director K. Jayasri …. Petitioner AND 1 Transmission Corporation of A.P. Ltd., Vidyutsoudha, Khairatabad, Hyderabad rep by its Chairman and Managing Director. 2 Central Power Distribution Company of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, rep. by its Chairman and Managing Director. 3 Andhra Pradesh Gas Power Corporation Ltd, #201, 2nd Floor, My home Sarovar Plaza, Secretariat, Road, Hyderabad-063 rep. by its Managing Director. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate, writ, order or direction declaring that respondent 1 and 2 have no authority to levy and demand any tariff in respect of the power allocated by 2nd respondent in excess of the bills raised by the 3rd respondent and consequentially direct the respondents 1 and 2 to forbear from raising such bills. Counsel for the Petitioner: MR.C.V.NAGARJUNA REDDY Counsel for the Respondents : SMT.M.VINOBHA DEVI 3)WRIT PETITION NO : 11638 of 2004 Between: M/s KJR Poly Films Private Lilmited, Plot No.D-162, Phase-III, IDA, Jeedimetla, Ranga Reddy district, Hyderabad-500 055, rep. by its Director K.Narender Reddy …. Petitioner AND 1 Transmission Corporation of A.P. Ltd., Vidyutsoudha, Khairatabad, Hyderabad rep by its Chairman and Managing Director. 2 Central Power Distribution Company of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, rep. by its Chairman and Managing Director. 3 Andhra Pradesh Gas Power Corporation Ltd, #201, 2nd Floor, My home Sarovar Plaza, Secretariat, Road, Hyderabad-063 rep. by its Managing Director. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate, writ, order or direction declaring that respondent 1 and 2 have no authority to levy and demand any tariff in respect of the power allocated by 2nd respondent in excess of the bills raised by the 3rd respondent and consequentially direct the respondents 1 and 2 to forbear from raising such bills. Counsel for the Petitioner: MR.C.V.NAGARJUNA REDDY Counsel for the Respondents : SMT.M.VINOBHA DEVI 4)WRIT PETITION NO : 11639 of 2004 Between: M/s N.R. Polymers Pvt. Ltd., 1-508, Divyashakti Complex, Ameerpet, Hyderabad-500 055, rep. by its Managing Director K.Narender Reddy. …. Petitioner AND 1 Transmission Corporation of A.P. Ltd., Vidyutsoudha, Khairatabad, Hyderabad rep by its Chairman and Managing Director. 2 Central Power Distribution Company of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, rep. by its Chairman and Managing Director. 3 Andhra Pradesh Gas Power Corporation Ltd, #201, 2nd Floor, My home Sarovar Plaza, Secretariat, Road, Hyderabad-063 rep. by its Managing Director. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate, writ, order or direction declaring that respondent 1 and 2 have no authority to levy and demand any tariff in respect of the power allocated by 3rd respondent in excess of the bills raised by the 3rd respondent and consequentially direct the respondents 1 and 2 to forbear from raising such bills. Counsel for the Petitioner: MR.C.V.NAGARJUNA REDDY Counsel for the Respondents : SMT.M.VINOBHA DEVI 5)WRIT PETITION NO : 11745 of 2004 Between: M/s Tata Teleservices Ltd., 5-9-62, K.L.K. Estate, Fatheh Maidan Road, Hyderabad, rep. by its Asst. Manager (Legal), N.Vijayalakshmi …. Petitioner AND 1 Transmission Corporation of A.P. Ltd., Vidyutsoudha, Khairatabad, Hyderabad rep by its Chairman and Managing Director. 2 Central Power Distribution Company of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, rep. by its Chairman and Managing Director. 3 Southern Power Distribution Company Ltd., 19-3-13, Upstairs of Hero Honda Show Room, Renigunta Road, Tirupathi – 517 501, Tirupathi, rep. by its Managing Director 4 Eastern Power Distribution Company of A.P. Ltd., 3-14-9, Sai Salthi Bhavan, Opp. Saraswati Park, Daba Gardens, Visakhapatnam-53002, rep. by its Managing Director 5 Andhra Pradesh Gas Power Corporation Ltd, #201, 2nd Floor, My home Sarovar Plaza, Secretariat, Road, Hyderabad-063 rep. by its Managing Director. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate, writ, order or direction declaring that respondents 1 to 4 have no authority to levy and demand any tariff in respect of the power allocated by 5th respondent in excess of the bills raised by the respondents 2 to 4 and consequentially direct the respondents 1 to 4 to forbear from raising such bills. Counsel for the Petitioner: MR.C.V.NAGARJUNA REDDY Counsel for the Respondents : SMT.M.VINOBHA DEVI 6)WRIT PETITION NO : 11746 of 2004 Between: M/s Super Spinning Mills Limited, P.B. No.7113, Elgi Towers, 737-D, Green Fields, Puliakulam Road, Coimbatore-641045, rep. by its Chief Corporate Affairs N.Mohan Ram …. Petitioner AND 1 Transmission Corporation of A.P. Ltd., Vidyutsoudha, Khairatabad, Hyderabad rep by its Chairman and Managing Director. 2 Central Power Distribution Company of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, rep. by its Chairman and Managing Director. 3 Andhra Pradesh Gas Power Corporation Ltd, #201, 2nd Floor, My home Sarovar Plaza, Secretariat, Road, Hyderabad-063 rep. by its Managing Director. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate, writ, order or direction declaring that respondent 1 and 2 have no authority to levy and demand any tariff in respect of the power allocated by 3rd respondent in excess of the bills raised by the 2nd respondent and consequentially direct the respondents 1 and 2 to forbear from raising such bills. Counsel for the Petitioner: MR.C.V.NAGARJUNA REDDY Counsel for the Respondents : SMT.M.VINOBHA DEVI 7)WRIT PETITION NO : 12032 of 2004 Between: M/s Techtran Polynses Limited, H.No.400, Sagar Co-op. Housing Society, Avenue-VIII, road No.2 Banjara Hills, Hyderabad, rep. by its Managing Director K.Venkateswara Rao …. Petitioner AND 1 Transmission Corporation of A.P. Ltd., Vidyutsoudha, Khairatabad, Hyderabad rep by its Chairman and Managing Director. 2 Central Power Distribution Company of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, rep. by its Chairman and Managing Director. 3 Andhra Pradesh Gas Power Corporation Ltd, #201, 2nd Floor, My home Sarovar Plaza, Secretariat, Road, Hyderabad-063 rep. by its Managing Director. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate, writ, order or direction declaring that respondent 1 and 2 have no authority to levy and demand any tariff in respect of the power allocated by 3rd respondent in excess of the bills raised by the 3rd respondent and consequentially direct the respondents 1 and 2 to forbear from raising such bills. Counsel for the Petitioner: MR.C.V.NAGARJUNA REDDY Counsel for the Respondents : SMT.M.VINOBHA DEVI 8)WRIT PETITION NO : 12173 of 2004 Between: M/s Signode India Limited, Rudraram village, Samgareddu Taluq, Medak district – 502 329, Andhra Pradesh, rep. by its Corporate Head-Legal and Taxation …. Petitioner AND 1 Transmission Corporation of A.P. Ltd., Vidyutsoudha, Khairatabad, Hyderabad rep by its Chairman and Managing Director. 2 Central Power Distribution Company of A.P. Ltd., Singareni Bhavan, Red Hills, Hyderabad, rep. by its Chairman and Managing Director. 3 Andhra Pradesh Gas Power Corporation Ltd, #201, 2nd Floor, My home Sarovar Plaza, Secretariat, Road, Hyderabad-063 rep. by its Managing Director. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate, declaring the action of the respondents 1 and 2 in levying and demanding any amount in respect of the power allocated by the 3rd respondent to the petitioner as illegal and arbitrary and consequently direct the respondents 1 and 2 not to demand and collect any amount towards the power allocated by the 3rd respondent to the petitioner. Counsel for the Petitioner: MR.C.V.NAGARJUNA REDDY Counsel for the Respondents : SMT.M.VINOBHA DEVI This Court made the following : THE HON’BLE SRI JUSTICE B.PRAKASH RAO WRIT PETITION Nos. 9945 of 2004, 11637 of 2004, 11638 of 2004, 11639 of 2004, 11745 of 2004, 11746 of 2004, 12032 of 2004 and 12173 of 2004 COMMON ORDER: The subject matter involved in these Writ Petitions is squarely covered by the judgment of this Court in W.P.Nos. 9154 of 2004 and batch, dated 06.12.2004. Following the same, the above Writ Petitions are partly allowed to the extent indicated therein. ----------------------------- (B.Prakash Rao, J.) 20.12.2004 DRK Copy to: 1 The Chairman & Managing Director, Transmission Corporation of A.P. Ltd., Vidyutsoudha, Khairatabad, Hyderabad 2 The Chairman & Managing Director, Central Power Distribution Company of A.P. Ltd., Bhavan, Red Hills, Hyderabad, 3 The Managing Director, Southern Power Distribution Company Ltd., 19-3-13, Upstairs of Hero Honda Show Room, Renigunta Road, Tirupathi – 517 501, 4 The Managing Director, Eastern Power Distribution Company of A.P. Ltd., 3-14-9, Sai Salthi Bhavan, Opp. Saraswati Park, Daba Gardens, Visakhapatnam- 53002, 5 The Managing Director, Andhra Pradesh Gas Power Corporation Ltd, #201, 2nd Floor, My home Sarovar Plaza, Secretariat, Road, Hyderabad-063 6 Two CD copies.