The first respondent in all the writ appeals filed the subject writ petitions challenging the orders passed by the Telangana Electricity Regulatory Commission determining cross subsidy under Sections 39, 40 and 42 of the Electricity Act, 2003, for HT-1 Industrial Segregated category open access consumers in 11 kV, 33 kV and 132 kV categories. They also challenged the demand for surcharge contained in the revised C.C bills. The said issue came up for consideration before this Court in W.P.Nos.26609 and 26623 of 2015, and the learned Single Judge, by order dated 29.10.2018, set aside the order of the Telangana Electricity Regulatory Commission. Moreover, the learned Single Judge allowed the Writ Petitions by declaring that, fixation of cross-subsidy surcharge for HT-1 Industry General category for 33 kV supply at the rate of Rs.1.29 ps was contrary to law, and held that the cross-subsidy surcharge for HT-1 Industry General for 33 kV supply was Rs.0.30 ps per Kwh as was sought by the Discom for the financial year 20152016. The learned Single Judge also declared the demands raised by the Discoms on the petitioners therein, on the basis of the order passed by the Commission, as illegal and set aside the same.
