IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 4914 of 2002 Between: M/s. Chirala Cable Centre Private Limited, Rep. by its Chairman and Managing Director, Sri Doggubati Srinivasa Prasad, S/o. Late Laxmi Narayana Chowdary, 22-15-39E, Woodnagar, Chirala. ..... PETITIONER AND 1 The Managing Director, Southern Power Distribution Corporation of Andhra Pradesh Limited, Tirupathi. 2 The Superintendent Engineer, Southern Power Distribution Corporation of Andhra Pradesh Limited, Ongole. 3 The Divisional Engineer, Southern Power Distribution Corporation of Andhra Pradesh Limited, Ongole. .....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 order or direction more in the nature of Writ of mandamus and declaring non-categorisation of Petitioner company under Category.III is ex-facie contrary to the establishments under Category.III and also as being arbitrary and violative of Article. 14 of Costitution of India. Counsel for the Petitioner: MR.V.HARI HARAN Counsel for the Respondents: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4914 of 2002 ORDER: The petitioner – M/s. Chirala Cable Centre Private Limited, Chirala, is providing cable network services in Chirala town. It has availed power supply from the respondents under L.T. category II. The petitioner appears to have obtained SSI registration from the Board of Industries. He then applied on 26.02.2001 to third respondent for change of category from L.T. category II to L.T. category III. The same was rejected by impugned communication dated 27.03.2001. Learned counsel for the petitioner submits that as the petitioner is a small scale unit, it has to be charged as per the tariﬀ IV category III consumers. He has placed reliance on the tariﬀ order - T.O.O.(Commercial) Ms.No.50 dated 03.06.2000 issued by the Andhra Pradesh Transmission Corporation. As per this, consumers of L.T. category II (non-domestic and commercial) are charged at Rs.3.40ps per unit for ﬁrst 100 units of month, at Rs.6.65ps for next 100 units of the month and at Rs.7.45ps per unit for balance units of the month with monthly minimum charges of Rs.65/- for single phase and Rs.200/- for three phase. As per the rates prescribed for L.T. category III B, Industrial Optional Category, consumers have to pay electricity charges of Rs.4.30ps per unit per month for all the units consumed with ﬁxed charges of Rs.15/HP/Month of contracted load. The Optional category III B is only available for those consumers who fall under L.T. category III and not those who fall under L.T. category II. After taking these aspects. the request of the petitioner was rejected by third respondent. If the petitioner is aggrieved by the same, he may ﬁle an appeal before second respondent and the writ petition is misconceived. The writ petition is accordingly dismissed. No costs. _____________ (V.V.S.RAO, J) 10th September, 2008 GHN To 1 The Managing Director, Southern Power Distribution Corporation of Andhra Pradesh Limited, Tirupathi. 2 The Superintendent Engineer, Southern Power Distribution Corporation of Andhra Pradesh Limited, Ongole. 3 The Divisional Engineer, Southern Power Distribution Corporation of Andhra Pradesh Limited, Ongole. 4 2CD copies Form-NIC-OGS/WP{PRASAD}