IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.17655 of 2001 Dated: 11-10-2007 Between: Raja Bahadur Venkat Ram Reddy Hostel Society, Hanuman Takdi Abids, Hyderabad, a society Registered under the Societies Registration Act. ... Petitioner and 1. Andhra Pradesh Transco, represented by Superintending Engineer Operation – Central Circle, Mint Compound, Khairatabad, Hyderabad and 2 others. ... Respondents ORDER: This writ petition is filed seeking a mandamus to declare the action of respondents in re-classifying the petitioner’s account Nos.E2- 336, 304 and 341, H2-3213 from Category VII to Category II with retrospective effect from June, 2000 as well as demanding for arrears based thereon as per annexure IV DT 07-08-2001, as illegal and arbitrary and consequently forbear the respondents from classifying the petitioner’s connections as aforesaid except under LT Category VII as per the notification of the respondents annexure II. 2. According to the petitioner, which is a Society registered under the Societies Registration Act, it is a charitable institution and in that context, it filed various documents before the respondent authorities. On the basis of the said documents, respondent authorities gave electricity supply to it under Category VII, which is meant for charitable institutions. However, thereafter, without issuing any notice respondent authorities converted the same, to Category II, which is meant for commercial purposes. The same is questioned in this writ petition. 3. Despite the fact that this writ petition was filed in 2001 no counter affidavit is filed. 4. Heard learned counsel for the parties. 5. During the course of arguments, learned counsel for petitioner brought to my notice the judgment passed by this Court in W.P.No.8663 of 2001 and batch, wherein a learned Single Judge of this Court has taken the view that the petitioners therein, which are charitable institutions and are maintaining students hostel to provide accommodation to the students, it shall be treated only as a charitable institution, and it cannot be termed as a commercial activity, and thus held that the petitioners institutions come under LT Category and they cannot be categorized under LT Category II for billing purpose. It is also brought to the notice of this Court by the learned counsel for the petitioner that the said judgment of the learned Single Judge was confirmed by a Division bench of this Court in W.A.No.1933 of 2003 dated 12-11-2003. Hence, this Court is of the view that the said conversion of the petitioner institution treating it as commercial is contrary to law. 6. Accordingly, the writ petition is allowed and the respondents are directed to treat the petitioner as a charitable institution only, and put it under LT category VII. No costs. _______________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.11-10-2007 GLV