S.R.Nayak, J. - (1.) W.A. No. 558 of 1998 is directed-against the order of the learned single Judge dated 3-3-1998 made in W.P.No. 26870 of 1996. The learned Judge has held that the electricity supplied by the A.P. State Electricity Board (for short, the Board) to the Warangal Municipal Corporation for its water works fall under HT Category VI and not under HT Category I. Following the above judgment the learned Judge has allowed W.P. No. 6239 of 1997 filed by Rajahmundry Municipal Corporation, by his order dated 12-3-1998 and the validity of the said order is assailed in W. A. No. 767 of 1998.
(2.) The common question that arises for decision in these two appeals is whether the electricity supply by the Board to the Municipalities and Corporations for their water works with contract/connected load above 75HP/55 KW falls under HT Category I or HT Category VI. This question arises in the following factual background :The Board supplied electricity to Warangal and Rajahmundry Municipal Corporations for the water works carried on by them with contracted/connected load above 75HP/56 KW. According to these Corporations, the electricity supplied by the Board has to be charged in terms of the tariff applicable to HT Category VI, whereas according to the Board, it has to be charged in terms of the tariff applicable to HT Category I. Assailing the action of the Board in charging the supply of electricity under HT Category I, writ petition Nos. 26879 of 1996 and 6239 of 1997 were filed by the Warangal Municipal Corporation and Rajahmuhdry Municipal Corporation respectively praying for a Mandamus declaring the billing by the Board in respect of the supply of electricity to water works under HT Category I as illegal and for a consequential direction to the Board to charge the same and levy tariff under HT Category VI. The Board opposed-the writ petitions by filing counter affidavits. In the counter affidavit, it was contended that the Board, from the beginning, has categorised the HT services of Municipalities and Corporations availing supply of electricity for water works, filter beds etc., under HT Category, I and that the tariff applicable to HT Category VI is not applicable inasmuch as HT Category VI tariff is applicable exclusively for townships and residential colonies of consumers under HT Categories I to V and bulk supplies for domestic purposes such a lighting, fans, heating and common facilities such as non domestic supply in residential area and street lighting and water supply etc. It was also contended that the petitioner Corporations cannot claim to be classified under HT Category VI merely because the words "water supply" is mentioned in the description of that category.
(3.) The learned single Judge, on consideration of the rival contentions and taking into account the clarification issued by the Government of Andhra Pradesh, Municipal Administration and Urban Development Department in Memo No. 27984/D2/96-1 dated 21-2-1997. came to the conclusion that the electricity supplied to the Corporations have to be billed only under HT Category VI, and the tariffs applicable to HT Category I are not applicable. In the light of that finding the learned single Judge allowed the writ petitions by order dated 3-3-1998. The operative portion of the order made in the writ petitions reads--"I allow the writ petition and direct the respondent --- Electricity Board to charge the petitioners water processing unit under Category VI with effect from 30-7-1996. If any excess amount is collected regarding the energy consumed after 30-7-1996. the same shall be adjusted in future bills, No costs."Hence these two applies by the Board arid the authorities assailing the validity of the orders of the learned single Judge.;