G.P. Mathur, J. - (1.) This writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued commanding the respondents to reduce the electricity load of the petitioners' unit from 110 K.V.A. to 95 B.H.P. w.e.f. September, 1990, and to levy the electricity charges accordingly. A further prayer has been made that the respondents be directed to refund or adjust, in future bills, the excess amount paid by the petitioners.
(2.) Petitioner No. 1 is a cold storage which was sanctioned a load of 110 K.V.A. In the year 1988 and an agreement in that regard was executed between the parties. The petitioners claim that an application to reduce the electricity load from 110 K.V.A. to 95 B.H.P. was moved on 24.5.1990 and they also submitted the duly filled in B and L forms which are necessary under the rules on 31.8.1990. The fee for disconnection was deposited on 6.9.1990. The petitioners' case is that they wrote several letters to the respondents for taking necessary steps for reduction of the load but no action was taken. Thereafter, the petitioners filed C.M. Writ Petition No. 21658 of 1995 in this Court which was disposed of on 9.8.1995 and the respondents were directed to consider the petitioners' representation for reduction of load expeditiously. A certified copy of the order of the High Court was filed before the Chief Zonal Engineer, Agra, who wrote to the Superintending Engineer, Electricity Distribution Division, Aligarh, on 14.8.1995 to reduce the electricity load of the petitioners. However, the respondents continue to issue bills on the basis that the load of the petitioners was 110 K.V.A. With these averments, the writ petition was filed by the petitioners on 28.9.1995.
(3.) 'A counter-affidavit has been filed by the Executive Engineer, Electricity Distribution Division, Hathras, Aligarh, wherein it is averred that the maximum demand raised by the petitioners from time to time showed that the connected load was much more than 95 B.H.P. A chart has also been given which shows that from May, 1991 to October, 1995, the demand of the petitioners' unit varied between 129.96 to 99.18 B.H.P. It has further been averred that the petitioners deposited the load reduction charges vide receipt No. 72008/26 on 2.9.1995. A fresh agreement was executed on 2.9.1995 and an office memorandum was prepared showing completion of all the formalities on 7.9.1995. Thereafter, the load was reduced w.e.f. 1.10.1995. Copies of the agreement executed by Gopal Das. petitioner No. 2 on 2.9.1995 and the office memorandum dated 7.9.1995 have been filed as Annexures-CA-I and CA-II to the counter-affidavit.;