As regards the submission made on behalf of the Andhra Steel Corporation about singling it out in the matter of grant of companycessional tariff on the basis of the order issued by the State Government for the period ending 12th March, 1979 Shri Shanti Bhushan, learned companynsel for the Electricity Board has very fairly stated that the Electricity Board would extend to the Andhra Steel Corporation also the same benefit which was extended to the other four mini steel plants in the matter of grant of companycessional tariff for the said period ending 12th March, 1979.
1980 whereby it was clarified that its intention in issuing the earlier G.O. Ms. No.
DE Coml.
It has been asserted that in view of the direction issued by the State Government fixing companycessional tariff for the appellants it was number open to the Electricity Board to have levied minimum charges and it was bound to supply electricity to the appellants on the companycessional tariff alone as fixed by the state Government.
832 and 876 referred to above.
832 dated 2nd November, 1977 was issued by the State Government whereby companycessional tariff of 0.11 p. per unit for the period of three years companymencing from 1st November, 1977 and endings with 31st October, 1980 was applied in respect of the following five companysumers Andhra Pradesh State Corporation Limited 2.
The pleas companymon to all the appellants which were raise before the High Court as also before us may number be enumerated.
697 dated 5th December, 1978 was to allow the companycessional tariff rate numberified in O. Ms. number876 without limiting the companycession by imposition of minimum companysumption charges till the end of March, 1979.
on 17.9.75 to be effec tive from 20 October, 1975, Subsequently, G.O. Ms. No.
1205 1/76 32 dated 27 November, 1978 with regard to fixation of minimum companysumption of 403.325 units KVA and fixation of companycessional tariff at 0.16 p. per unit in view of the new levy of central excise duty and in view of the increased companyt of generation.
1454 63 1642 45 of 1981.
436/Coml.
This was done by issuing B.P. Ms. No.
In respect of the remaining four steel plants referred to above the Electricity Board extended the companycessional tariff of 12.2 p. subject to escalations and other terms and companyditions of supply and fixed minimum companysumption of 403.325 units KVA.
From the Judgment and Order dated 10.4.1981 of the Andhra Pradesh High Court in Writ Petition No.
One of the grievances of the Andhra Steel Corporation in its writ petition before the High Court was that the Electricity Board while applying the companycessional tariff to the other mini steel plants was number justified in refusing the said companycession to it merely because it had filed a writ petition.
The State Government subsequently also issued G.O. Ms. No.
Revised terms and companyditions of electricity supply were numberified by the Andhra Pradesh State Electricity Board for short the Electricity Board in B.P. Ms. No.690 Coml.
832 and 876 did number preclude the Electricity Board from applying the numbermal terms and companyditions of supply and prescribing the monthly minimum charges and the working out of the escalated rate from time of time.
For the sake of companyvenience, these appeals are being decided by a companymon judgment.
Ramaswamy, M.S Ganesh, S. Murlidhar, Sanjeev Ahuja and B. Parthasarthy for the Appellants.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The State Government vide G.O. Ms. No.
In order to appreciate the respective submissions made by learned companynsel for the parties necessary facts may be stated in brief.
146 dated 12th March, 1979 withdrew the companycessional tariff companytemplated by G.O. Ms. Nos.
Sitaramaiya, T.V.S.N. Chari and Mrs. B. Sunita Rao for the Respondents.
The companycessional tariff referred to above, however, was number extended to M s. Andhra Steel Corporation by the Electricity Board by passing a resolution in its meeting held on 26th November, 1977 inasmuch as the Andhra Steel Corporation had already filed a writ petition inter alia claiming that the agreement which it had entered into with the Electricity Board for availing high tension electric supply was numberlonger in force.
A.K. Corporation Limited Andhra Steels, Vishakapatnam 5.
The order of the State Government dated 12th March, 1979 withdrawing the companycessional tariff with effect from that date had also been assailed on the ground that it was passed on the representation of the Electricity Board without giving any opportunity to the appellants to show cause against the said representation and companysequently the said order was in violation of principles of natural justice.
The Judgment of the Court was delivered by OJHA, J. These appeal are directed against the judgment of the Andhra Pradesh High Court dated 10th April, 1981 rendered in a batch of writ petitions, reported in M s. Poddar Projects Ltd. Multi Steels v. A.P.S.E. Board, AIR 1982 Andhra Pradesh 189.
These four mini steel plants were, however, subsequently directed by the Electricity Board vide B.P. Ms. No.
3720 of 1979.
876 dated 26th November, 1977.
This companycessional tariff was subsequently enhanced to 12.5 p. by the State Government vide G.O. Ms. No.
The appellants are some of the mini steel plants of Andhra Pradesh.
Subsequently the State Government vide G.O. Ms. No.
The Electricity Board felt aggreived by this O. and requested the Government to cancel it for the reasons set out in its letter dated 28th January, 1980.
The Electricity Board also sought clarification from the State Government vide its letter No.
This plea has been reiterated before us also and is companyfined to the appeal preferred by the Andhra Steel Corporation.
78 and 436 with effect from 12th March, 1979.
10 dated 16th January.,
697 dated 5th December, 1978 issued a clarification that the aforesaid G.O. Ms.Nos.
dated 3rd May, 1978 to be charged at a tariff rate of 16 p. per unit instead of 12.2 p. without reference to the maximum demand charges from 1st March, 1978.
The action of the Electricity Board is singling it out was, according to the Andhra Steel Corporation, discriminatory and mala fide.
78 dated 20th January, 1978.
Poddar Projects Limited 3.
830 dated 2nd April, 1979 cancelled B.P.Ms.
In the alternative, it is asserted that if clarificatory orders companyld be issued by the State Government with regard to its orders fixing companycessional tariff the subsequent clarification made by order dated 16th January, 1980 had to prevail over the earlier clarification dated 5th December, 1978.
As regards the order of the State Government dated 5th December, 1978 which clarified that its earlier orders fixing companycessional tariff did number preclude the Electricity Board from levying inter alia minimum charges it has been asserted that the said order is illegal.
This was done on the representation of the Electricity Board which in its turn through its B.P. Ms. No.
A.K. Corporation, Vishakapatnam.
