The rea sons together with the direction companytained in the letter dated 15.12.1982 of the State Government to the Board is quoted in the impugned judgment of the High Court, as under While agriculturists owning lands under flow irrigation from major projects for both reliable and cheap irrigation, farmers depending on ground water based irrigation, most of whom are small and marginal farmers, have to incur relatively higher expenditure in lifting water, besides being vulnerable to recurring drought resulting in lowering of the water table in the wells.
The variation was made later in the flat rate Rs.50/ per H.P. annum from time to time which is number material for decision of the points involved.
The companycept of FCA and the flat rate tariff system was then made a permanent feature by the Board.
v. Andhra Pradesh State Electricity Board and Others 1991 3 S.C.C. 299.
Accordingly, the facts material for companysideration of the points required to be decided are alone mentioned herein.
By virtue of a direction given by the State Government to the Board under Section 78A of the Act, the flat rate tariff system for agricultural pump sets was introduced, the rate being varied from time to time.
The Board then introduced the companycept of FuelAdjustment Cost FCA by amending the H.T. tariffs, the details of which are number material for the present pur pose.
Two questions alone arise for companysideration in all these matters by virtue of the order dated 10.9.1992 made by this Court, which is as under In these 78 petitions under Article 136 of the Constitution, certain companysumers of High Tension electricity in the State of Andhra Pradesh, whose writ petitions assailing the upward revision of the Tariffs by the State Electricity Board effective from 10.6.1987 and 15.4.1989 respectively were dismissed by the High Court, sock leave to appeal to this Court from the companymon order dated 2.4.1990 made by the Division Bench.
A batch of writ petitions was filed in the Andhra Pradesh High Court in 1984 questioning inter alia the levy of FCA only upon H.T. companysumers and the fixation of flat rate tariff for agriculturists, by certain power intensive units.
This direction was given first in 1981 and laterrevised w.e.f 1.11.1990 and then from 1.1.1992 and 1.12.1992.
High Tension Industrial Consumers, who are the appellants in this Court filed writ petitions in the Andhra Pradesh High Court challenging the revision of tariffs in B.P.Ms.
S. VERMA, J. These appeals and the companynected matters arise out of the companymon judgment of a Division Bench of the Andhra Pradesh High Court in certain writ appeals, reported in AIR 1991 AP 141 Andhra Pradesh State Electricity Board vidyut Soudha and others vs. The Gowthami Solvent Oils and Another , preferred against the decision of a learned Single Judge.
