M/S. Radha Smelters Limited (Mdk-1305), v. The Southern Power Distribution Company Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.9148 of 2015 BETWEEN M/s. Radha Smelters Limited.

... PETITIONER AND The Southern Power Distribution Company of Telangana Limited, Rep. by its Managing Director, Mint Compound, Hyderabad and two others. ...RESPONDENTS Counsel for the Petitioner: MR. D.V. NAGARJUNA BABU Counsel for the Respondents: MR. O. MANOHER REDDY The Court made the following:

ORDER:

Petitioner states that they have obtained a High Tension Service Connection bearing No.NDK-1395 and has been regularly paying bills of consumption. Petitioner has been availing power under Open Access system with effect from January 2012. The grievance of the petitioner, in this writ petition, is that the third respondent issued bill for the month of October 2014 wherein he demanded a sum of Rs.6,20,156/- under the head 'Other Charges-I'.

2. Petitioner states that they have filed a representation dated 07.11.2014 requesting for details of recovery under the said other charges but no such clarification is given to the petitioner.

Hence, questioning the levy under the said other charges, the present writ petition is filed. It is stated in the affidavit that the petitioner again made a representation dated 18.11.2014 brining to the notice of the third respondent that the plant was shut down and has not drawn any power under the Open Access system on 08.10.2014.

3. It is not in dispute that similar issue was considered by this Court in WP.No.36831 of 2014 and the said writ petition was disposed of by order dated 28.11.2014. Following the order in the said writ petition, the third respondent is directed to clarify to the petitioner the details of the said 'Other Charges-I', for which the petitioner has sought clarification under representations dated 07.11.2014 and 18.11.2014 within a week and till then, the respondents shall not disconnect the power supply to the petitioner. The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J April 2, 2015 Note: Furnish C.C. of the order by 06.04.2015. (B/o) DSK