HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.11714 of 2004 Dated this the 21st day of January 2008 Between: Sponge Iron India Limited, Hyderabad, rep.by its Chief Manager. … Petitioner AND The Northern Power Distribution Company of A.P. Limited, Warangal, rep.by its Chief General Manager and 3 others … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.11714 of 2004 ORDER: This Writ Petition has been filed by the petitioner seeking to declare that the action of the first respondent in issuing the proceedings dated 24.03.2004 confirming the order of the second respondent dated 24.09.1999 is illegal, arbitrary, unconstitutional and contrary to the provisions of Section 26 (6) of the Indian Electricity Act 1910. 2) The petitioner is having a captive power generation unit and it is utilizing the power generated from the captive power generation unit for its purposes and is also taking power from the respondents. Whenever there is excess generation or utilization is less, the power generated from the captive power unit is also supplied to the respondent-company. It is alleged that there was mal functioning of the meter from 23.03.1998 and it was detected on 03.05.1998 and it was revised on 05.05.1998. The respondents appeared to have noticed that the power was recorded in one phase only. Therefore, they multiplied with two to calculate the power that is likely to be supplied through both the phases and arrived at the amount payable by the petitioner. 3) The petitioner is contending that some power was supplied from the captive power generation unit to the respondent-company and the same analogy should have also been supplied by calculating the total power supplied by them and the amount due towards the cost of the power supplied is disputed and he also disputing the period. 4) The orders of the respondents are not clearly indicating that the details regarding the periods and the quantity of power supplied by both parties. As the date from which the meter was malfunctioning is in dispute, the back billing made by the respondent- company is also questioned. As the orders passed by the respondents are lacking those details, I am of the view that it is desirable to direct the concerned authorities to pass fresh orders by taking into consideration the contentions raised by both parties in the writ petition and pass fresh orders indicating that the details of the power supplied by the petitioner, which was generated in the captive power generation unit and also the period of mal-functioning and pass appropriate orders according to law. 5) Accordingly, the Writ Petition is disposed of. The orders dated 24.03.2004 and 24.09.1999 passed by the first and second respondents are set aside. The second respondent is directed to consider all the contentions raised by the writ petitioner as well as the concerned respondents and pass a fresh order after giving an opportunity to both parties within two months from the date of receipt of a copy of this order. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 21.01.2008 Isn