IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 35738 of 1998 Between: M/s. Binjusaria Metal Box Co. Ltd., Rep. by Director Anil Kumar Kedia Chandulal Baradari, HYderabad-64 ..... PETITIONER AND 1 A.P. State Electricity Board, Rep. by its Secretary, Vidyut Soudha, Hyderabad. 2 The Member Secretary, A.P.S.E.B. Vidyut Soudha, Somajiguda, Hyderabad. 3 The Govt. of A.P. Rep. by its Principal Secretary Industries & Comerce Department, Secretariat Buildings, Hyderabad. .....RESPONDENT(S) 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 of Writ of Certiorari or any other appropriate writ, direction or order, declaring B.P.Ms.No.1160 (Comml.) dt: 3-11-1989 as illegal and void and call for the records relating to and quash the orders of the 2nd respondent i.e. The Member Secretary, A.P.S.E.Board, Vidyut Soudha, Somajiguda, Hyderabad in Lr.No.CE.Coml./ADE-2/D.No.710/98 dt: 7-9-1998 and issue a consequential order directing Respondents 1 & 2 to repay the monies collected from the petitioner as service line charges i.e.Rs.19,48,140/- together with interest @ 18% p.a. and pass such other orders. Counsel for the Petitioner:MR.N.JAYASURYA Counsel for the Respondents: G.P. for Industries & Commerce. O.Manoher Reddy. The Court made the following : ORDER: This writ petition has been filed by the petitioner seeking to declare B.P.Ms.No.1160 (Comml.) dated 03-11-1989 as illegal and void and quash the orders of the second respondent Member Secretary dated 07-09-1998 directing the respondents 1 and 2 to pay the amount of Rs.19,48,140/- to the petitioner with interest which was collected towards electricity service line charges. The learned counsel for the respondent submitted that in the impugned order they have considered all the aspects and orders were passed according to law. The learned counsel for the petitioner submitted that in the note at the bottom of the order while marking a copy to D.S. (legal) a request was made in respect of G.O. Ms. No.41, which reads as follows: “Copy to: D.S. (Legal) along with a copy of confirmation letter dtd.28-1-98 & 25-2-98. He is requested to inform whether the consumer filed any writ petition in respect of G.O.Ms.No.41 and if so the concerned file may be sent to Commercial Wing so as to dispose of the representation of the consumer to allow the concessions as per G.O.Ms.No.41.” The counsel for the petitioner submitted that if the authorities apply the G.O., the petitioner need not pay the service line charges, therefore, he is entitled for the refund of the amount. After perusing the impugned order, it is found that there is no discussion about the application of G.O.Ms.No.41 either to extend the benefit to the petitioner or it has been observed that it is not applicable to the petitioner. Since the said aspect was not considered by the Member Secretary while passing the impugned order, I deem it fit and appropriate to issue a direction to pass fresh order after considering the terms and conditions of G.O.Ms.No.41 regarding its applicability to the facts of this case. Since the erstwhile Electricity Board is not in existence, the Managing Director of A.P. C.P.D.C.L. by himself or by directing the authority who is competent to pass appropriate orders to consider the matter afresh in the light of the G.O. Ms.No.41, shall pass appropriate orders after giving liberty to both parties. The Writ Petition is accordingly disposed of by setting aside the order dated 07-09-1998 passed by the second respondent. No order as to costs. ___________________ Dr.G.YETHIRAJULU, J. 12th June, 2008. skmr To 1 Secretary, A.P. State Electricity Board, Vidyut Soudha, Hyderabad. 2 The Member Secretary, A.P.S.E.B. Vidyut Soudha, Somajiguda, Hyderabad. 3 Principal Secretary, the Govt. of A.P., Industries & Commerce Department, Secretariat Buildings, Hyderabad. 4 2CCs to G.P. for Industries & Commerce. 5 2CD copies