Sole Prop, M/S Sangameswara Theatre, Guntur Dist v. Chairman Aperc, Hyderabad And 3 Others

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.33976 OF 2012 Date:06.11.2018 Between:

M/s. Sangameswara Theatre, Rep., by its sole Proprietor K.Venkata Papa Rao, S/o. Venkateswarlu, aged 55 Years, R/o. Station Road, Tenali, Guntur District .. Petitioner And The Andhra Pradesh Electricity Regulatory Commission (APERC), Singareni Bhavan, Red Hills, Hyderabad, rep., by its Chairman and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.33976 OF 2012 ORDER:

This Writ Petition is filed praying to grant the following relief: "... to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the billing of the energy of the petitioner basing on the reactive energy (KVAh) readings instead of Kilo Watt Hours (KWH) readings by the respondents as highly illegal, arbitrary, and contrary to Regulation No.2 (c) of the A.P. Electricity Regulatory Commission (Electricity Supply) Regulation i.e., Regulation No.5/2004 and Regulation 2 (c) of the Central Electricity Authority (Installation and Operation Meters) Regulation, 2006 and Condition No.2.2.54 of the General Terms and Conditions of Supply and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2.

There is no representation for the petitioner. 3.

Learned counsel for the Andhra Pradesh Electricity Regulatory Commission appearing for the 1st respondent submits that the same issue was considered by the Division Bench of this Court in A.P. Electricity Regulatory Commission, Hyderabad v. Central Power Distribution Company of A.P. Ltd., Hyderabad and others1.

4.

Following the said decision, this Writ Petition is allowed. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:06.11.2018 KH 1 2016 (3) ALD 174 (DB)