The High Court · 2025

Judgment

2. '*rofui-f, g:rffr":l'-l,g;-ltTffi ;:ffi ?.i:3siJl?B'#:t=":Y'Ef i"?iiils*,i"?;138?Btl,n"''n' Telanqana ',*# . ...RESPONOENTS PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therdwith' the High Court may be pleased to issue an appropriate writ' order or direction more particularly one in the nature of writ of Mandamus decraring the actions of the Respondents in issuing Communication dated '1 1l1Ot2O24 thereby calling upon the Petitioner to INR 12,45,31 7/- 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 IANo: ,OF 2025

petition uncrer Section 15'r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the operation of the ImpugneO Comrn-unication dated 11.10.2024 conserquential actions/proceedinss thereto pendins disposar of the ;:i:H"1 Counsel for the petitioner; SRt. PASHAM MOHITH Counsel forthe Respondent No.1: Gp FOR ENERGY Counsel for the Respondent Nos. 2to4: SRI A. CHANDRA SHAKER The Court made the following: ORDER SC FOR TGERC I I i o HON'BLE MRS JUSTICE SUREPALLI NANDA WRI ETI N .493 F2 ORDER: Heard Sri Pasham Mohith, Iearned counsel behalf of the Petitioners, learned appearing on Assistant Government Pleader for Energy, appearing on behalf of respondent No.1, Sri A' Chandra Shaker' tearned 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 t7'lO-2O24 thereby calling upon the Petitioners to INR t2,45,3L7/- 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...". l l t] 2 wP_4932 2025 the petitioners, respondent had sanctioned

3. -l-he case of brief, is that the petitioners are engaged in business oF custom milling of paddy and suppry of rice, par-boired rice to the state government under the CMR Scheme. The petitioners intended to avail supply with a contracted demand of 249 KVA and as per the applicabre rures, vortage lever 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 connectir)n for supply of CMD of 249 KVA at 33 KV voltage. However, the 3.d respondent had high handedly issued proceedings dated 11.10.2024 calling upon the petitioners to pay INR 12,45,317.00/- 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 ,Cues failing which such dues would be levied in the consumption bills raised on the petitioners in future. The petitioner service connection falls 11 KV category, however, the 2nd respondent had erroneously levied tariff applicable in respect of 33 KV voltage supply i.e. 6.15 instead of levying 11 KV vottage tarifF i.e. 6.65 from April, 20t9 untit October, electricity \ )

2022. Aggrieved by the said proceedings tL.lO.2024, the present writ petition is filed' sN,, wP 4932 2025

4. The learned counsel appearing on behalf of the petitioners 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.ThelearnedStandingCdunseluponinstructions submits that the respondents are not initiating any coercive steps against the pet'tioners in pursuance to the impugned notice dated 11'1O'2O24 issued by the 3d respondent to the petitioners herein and the .under law respondents would follow due procedure and an fact notices are being issued in accordance to law to the petitioners herein and the procedure as contemplated as per the rules in force as on date is being followed in initiating action against the petitioners. 4 wP-4932 2025 (:. _fatinq into (a) The aforesaid facts and circumstances of the "onsid : 6 case, (b) The submissions made by the learned counser appearing on beharf of the petitioners and the learned Standing Counsel for TGERC, appearing 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 impugnecl notice dated 11.1O.2O24 issued by the 3d respondent to the petitioners herein, till the required procedure as per the rules in force as on date is foltowed by the respondents in accordance to taw, in conformity with principles of naturat justice as represented by the learned standing counser appearing on beharf of the respondents before this Court in the present case. However, there shall be no order as to costs. 5 wP 4932 2025 As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed' SD/.P. PADMANABHA REDDY NT REGISTRAR AS //TRUE COPY// CTION OFFICER To, '1 . The Princioal Secretary, Dept' of Energy and Electricity' Secretariat , ?Hllonl"%'nJ-;ti:il,1?'3l"1lor,ion company !rm1te!,,n *o 2-s-31t2,,corporate ' ok'J,Vidili' en:i;", N Jki;Hd;t;; ff#mronda' waran gal- 50600 1' Telanoana li[il$#rp:u*iin+,fti.ffr:r'r'J.i#:Y::::, 6. one cc to SRl. n. cnni'i'rjirX'sniki-C, ScFbn rcEnc-topucl i. iilx d6.'i"- e p FbR ENLHGV-,i+sh eourt tor the State of Telangana at 8. Two CD CoPies Hyderabad [OUTI BM BS I I r_I CC TODAY I SE STA rq o 18I4AB M q q 5 o ,J -t ? c) +j t7/)/ HIGH COURT DATED:2710212025 ORDER WP.No.4932 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 dlblel I l