Appeal by special leave from the judgment and decree dated October 10, 1961, of the Andhra Pradesh High Court in Second Appeal No.
69 of 1964.
872 of 1958.
V. Viswanatha Sastri, K. Rajendra Chaudhuri and K. R. Chaudhuri, for the appellants.
On December 13, 1940, the Municipality passed a resolution bringing into force new rates for the supply of electric energy from April 1, 1940.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
V. Gupte, Solicitor General, and T. Satyanarayana.
for respondent No.
The appellants, who are some of the companysumers of electric energy for domestic and industrial purposes, entered into agreements with the licensee for the supply of electric energy to them for domestic, industrial and other purposes, agreeing to pay the current official scale of rates.
On a further appeal, a Division Bench of the Andhra Pradesh High Court companyfirmed the decree of the Subordinate Judge.
He further held that the claim for duty at half an anna per unit was invalid.
By special leave the present appeal has been filed in this Court.
The companysumers paid the rates so fixed till the year 1956.
The appellants filed a representative suit against the Vijayawada Municipality in the Court of the District Munsif, Vijayawada, for a declaration that the said resolution dated April 30, 1956, passed by the Municipal Council was illegal, invalid and unenforceable and for an injunction restraining the said Municipality from companylecting charges from the companysumers of electric energy in the licensees area at the new revised rates in pursuance of the impugned resolution.
In the result he modified the decree of the District Munsif.
The Judgment of the Court was delivered by Subba Rao, J. On November 22, 1927, the Government of Madras, in exercise of its powers under s. 3 1 of the Indian Electricity Act, 1910 IX of 1910 , hereinafter called the Act, issued a licence to the Bezwada number Vijayawada Municipal Council for the supply of electric energy within the municipal limits of Bezwada at rates number exceeding the maximum charges given in the third annexure to the said licence.
V.R. Tatachari and B.R.G.K. Achar, for respondent No.
On April 30, 1956, the Municipal Council passed another resolution enhancing the rates from 1 4 1956.
