Sri A.Sudershan Reddy, learned Senior Counsel appearing for the petitioner submits that after filing of application by the petitioner to make available open access to their company to get power supply from Tata Power Company Limited through the distribution system of the respondents, petitioner was asked to pay Rs.3,75,000/- towards charges for granting open access supply under Regulation 2 of AP/TS Regulatory Commission(Termsand Conditions of Open Access) Regulation 2005; that the petitioner has also paid Rs.3,75,000/- to the respondents; and that when the respondents have not accorded approval for open access supply of electricity to the petitioners after remitting the aforesaid amount, petitioner filed WP.No.7533 of 2017 and the same was disposed of directing the petitioner to make representation afresh for redressal of its grievance, explaining all the things, within a period of two weeks from the date of receipt of copy of the order and on such representation the respondents are directed to consider and take appropriate action, in accordance with law, within a period of two months thereafter. In pursuance of the aforesaid order now the impugned order is passed, rejecting the application of the petitioner on the ground of non-availability of distribution network corridor and also on the ground that the petitioner has not made representation within two weeks from the date of receipt of order in WP.No.7533 of 2017, which is illegal. He also submits that as per Section 42(2) of the Electricity Act, 2003 and as per 8.2 of Regulation 2 of Regulations, 2005, no eligible should be denied open access on the ground of operational constraint system.
