1. M/s. Aditya Agro lndustries v. State of Telangana

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the actions of the Respondents in issuing Communication dated 11.10.2024 thereby calling upon the Petitioner to INR 13,24,671.391- allegedly towards loss of revenue caused due to collection of energy charges at actual voltage instead of specified voltage as being illegal, arbitrary, and for being unconstitutional apart from being violative of provisions of Electricity Act, 2013 and rules and regulations thereto and consequently set aside the same lA NO: 1 OF 2025 Petition under section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the operation of the lmpugned communication dated 11.10.2024 including all consequeniial actio n s/proceed ings thereto pending disposal of the Writ Petition Counsel for the Petitioner: SRl. PASHAM MOHITH Counsel for the Respondent No.1: GP FOR ENERGY Counsel forthe Respondent Nos.2 to 4: SRI A. CHANDRA SHAKER SC FOR TGERC The Court made the following: ORDER HON,BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.4924 OF 2025 ORDER: Heard Sri Pasham Mohith, learned counsel appearing on behalf of the petitioners, learlred Assistant Government Pleader for Energy, appearing on behalf of respondent No.l, Sri A. Chandra Shaker, learned Standing Counsel for TGERC, appearing on behalf of resPondent Nos.2 to 4.

2. The petitioners approached the Court seeking prayer as under: " ...to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the actions. of the Respondents in issuing Communication dated ll'tl-2024 thereby calling upon the Petitioners to INR t3,24,67t.39l- allegedly towards loss of revenue caused due to collection of energy charges at actual voltage instead of specified voltage as being illegal, arbitrary and for being unconstitutional apart from being violative of provisions of Electricity Act, 2013 and rules and regulations thereto and consequently set aside the same and Pass..."' .,..::7:-::- 2 wP 4924 2025 3. The case of the petitioners, in brief, is that the petitioners are engaged in business of custom milling of paddy and supply of rice, par-boiled rice to the State government under the CMR Scheme. The petitioners intended to avail supply with a contracted demand of 242 KVA and as per the applicable rules voltage level of 11 KV ought to be sanctioned in favour of the petitioners. It is however submitted that since 11 KV feeder line was not available the 3'd respondent had sanctioned electricity connection for supply of CMD of 242 KVA at 33 KV voltage. However, the 3'd respondent has high handedly issued proceedings dated 11.10.2024 cailing upon the petitioners to pay INR 13,24,671.39/- towards loss of revenue caused due to collection of energy charges at actual voltage instead of specified voltage and further called upon the petitioners to pay such dues failing which such dues would be levied in the consumption bills raised on the petitioners in future. The petitioner service connection falls under 11 KV category, however, the 2nd respondent had erroneously levied tariff applicable in respect of 33 KV voltage supply i.e. 6.1S instead of levying 11 KV voltage tarifF i.e. 6.65 from April, 2019 until !i,;*:;:d.\jr-. -. ) wP 4924 2025 to October, 2022. Aggrieved by the said proceedings dated LL.1O.2024, the present writ petition is filed.

4. The learned counsel appearing on behalf of the iretitioners submits that the impugned notices are in clear violation of the principles of natural justice and further the figures arrived at in the said notices had been unilateral and the claims made by the respondents barred by limitation.

5. The learned Standing Counsel upon instructions submits that the respondents are not initiating any coercive steps against the petitioners in pursuance to the impugned notice dated lL.LO.2024 issued by the 3'd respondent to the c l raatt tl fnllarer drra petitioners herein and t hc rFsnrl n rl w n in fa n r issued in acc to the petitioners herein and th mplated under the rules in force a n datq llowed in initiatin o action the Detationers. 6 Takin into considera tion (a) The aforesaid facts and circumstances of the case, I I , , E:&,- !Ee;-- 4 wP 4924 2025 .,} ..,1 (b) The submissions made by the learned counsel appearing on behalf of the petitioners and the learned Standing Counsel for TGERC, appearing on behalf of respondent Nos.2 to 4, The writ petition is disposed of directing the respondents to follow due procedure under law. The respondents are further directed not to initiate any coercive steps in pursuance to the impugned notice dated 11.1O.2O24 issued by the 3'd respondent tq the petitioners herein, till the required procedure as per the rules an force as on date is followed by the respondents in accordance to law, in conformity with principles of natural justice as represented before this Court by the learned Standing Counsel in the present case. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pendinq in the Writ Petition shall also stand closed. //TRUE COPY// SD/. T. TIRUMALA DEV] STANT REGISTRAR \- SECTION OFFICER To, \ 1 2 The Principal Secretary, Dept. of Energy and Electricity' Secretariat Buildings, Hyderabad NorthernPowerDistributionCompanyLimited,H'No-2-5-31/2,Corporate oifi;";V,dii Bhivi n, t tat<ka lag utta, Hana mkonda, Warangal- 50600 1' Telangana

3. Superintendent Engineer, Operation, JS- Bhupalpally 4. Assistant Divisional Engineer, Operations' TSNPDCL, Mulugu 5. One CC to SRI PASHAM MOHITH Advocate [OPUC]

6. One CC to SRI A. CHANDRA SHAKER SC FOR TGERC [OPUC] T.TwoCCstoGPFoRENERGY,HighCourtfortheStateofTelangana.[oUTl 8. Two CD CoPies KKS GJP HIGH COURT DATE D:2710212025 , I ORDER WP.No.4924 of 2025 CC TODAY IAISE e I I (( z Il F l t) 0I Hh!l 2$ft * t: * o DISPOSING OF THE WRIT PETITION WITHOUT COSTS LI