M/S. Vaksh Steels Private Limited, v. The Southern Power Distribution Company Of Telangana Ltd.

HON'BLE SRI JUSTICE R.KANTHA RAO Date: 01-5-2015 Between M/s. Vaksh Steels Pvt. Ltd., Secunderabad, Rep. by its Executive Director Rahul Agarwal ... Petitioner and The SPDC of TL, Rep. by its Chairman and MD, Mint Compound, Hyderabad;

and others ... Respondents HON'BLE SRI JUSTICE R.KANTHA RAO

Common Order:

Heard Sri D.V.Nagarjuna Babu, learned counsel appearing for the petitioners and Sri R.Vinod Reddy, learned Standing Counsel appearing for the respondents 1 to 3-TSSPDCL.

2. It is represented by the learned counsel appearing for the petitioners as well as the learned Standing Counsel for the respondents 1 to 3 that the issue raised in these writ petitions is squarely covered by a common order of this Court in W.P.No.4010 of 2005 and batch, dated 05-10-2010, passed by the learned single Judge of this Court, wherein the batch of writ petitions were allowed observing as under:

"From the above, it is clear that Clauses 5 to 11 stand deleted from the date of Regulation 3 of 2004 i.e. with retrospective effect. It is settled principle of law that a subordinate legislation can never be made with retrospective effect even assuming that the said deletion amounts to amendment of the rules/regulations. Further, the Distribution Companies were directed to file all relevant data with the Commission within 60 days of the issue of the order, till a separate regulation under Section 46 of the Act is made. Since the clauses in question are not notified as required under Section 181 and were not placed before the Legislature of the State for its approval, the deletion shall be treated as non est in the eye of law. Therefore, applying such a law and making demands for payment of notional developmental charges for new connections and for additional loads is arbitrary and illegal."

3. In the aforesaid circumstances, all the writ petitions are also allowed in terms of the ratio laid down by the learned single Judge of this Court in the said common order dated 05-10-2010 in

W.P.No.4010 of 2005 and batch. The miscellaneous petitions, if any, pending in these writ petitions shall stand closed. No costs. ___________________ R.KANTHA RAO, J.

01st May, 2015.

Ak HON'BLE SRI JUSTICE R.KANTHA RAO (Common Order)

01st May, 2015.

(Ak)