M/s. Vasavi Agro Industries a partnership firm Vs State of Telangana

PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances^{stated in the affidavit filed therdwith' the High Courtmay be} pleased to^{issue an appropriatewrit' order or directionmore particularlyonein} the nature^{of writ of Mandamus decraringthe actionsof the Respondents in} issuing^{Communicationdated'1 1l1Ot2O24thereby calling upon the Petitionerto} INR 12,45,31^{7/- allegedly towardsloss of revenue caused due to collectionof} energy^{chargesat actual voltage instead of specified voltageas being illegal'} arbitrary,^{and for being unconstitutional apart from being violative of provisions of} Electricity^{Act, 2013 and rulesand regulationstheretoand consequentlyset aside} the same

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I il I

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IANo: ,OF 2025

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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 ;:i:H"1 conserquential actions/proceedinss thereto pendins disposar of the

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Counsel for the petitioner; SRt. PASHAM MOHITH

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Counsel forthe Respondent No.1: Gp FOR ENERGY

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Counsel for the Respondent Nos. 2to4: SRI A. CHANDRA SHAKER

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SC FOR TGERC

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The Court made the following: ORDER

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o

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HON'BLE MRS^{JUSTICE SUREPALLI NANDA}

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WRI ETI N .493 F2

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ORDER:

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Heard Sri Pasham Mohith,^{Iearnedcounsel} appearing^on behalf of the Petitioners,^learned Assistant Government^{Pleader for Energy,appearingon} behalf of respondent^{No.1, Sri A'Chandra Shaker'} tearned Standing^{Counsel for TGERC, appearing on} behalf of resPondent^{Nos.2to 4'}

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The^{petitioners approached the Court seeking} prayer as under:

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" ...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 PetitionerstoINR} t2,45,3L7/-^{allegedlytowards loss ofrevenue} caused due^{to collectionof energy charges at actual} voltage instead^{of specified voltageas being illegal'} arbitrary and^{for being unconstitutionalapart from} being violative of^{provisionsof ElectricityAct, 2013} and rules and^{regulationsthereto and consequently} set aside the^{same and} Pass...".

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wP_4932 2025

3.^-l-he case of the petitioners, ln 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 respondent had sanctioned electricity 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,

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2022.^{Aggrievedby the said proceedings}

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dated

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tL.lO.2024,^{the present writ petition is filed'}

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The^{learnedcounsel appearing on behalf of the} petitioners submits^{that the impugned notices are in clear} violation of^{the principles of naturaljustice and further the} figures arrived^{at in the said noticeshad been unilateral and} the claims^{made by the respondents barred by limitation'}

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5.ThelearnedStandingCdunseluponinstructions submits^{that the respondentsare not initiatingany} coercive steps^{against the pet'tionersin pursuanceto} the impugned^{notice dated11'1O'2O24 issued by the} 3d respondent^{to the petitionersherein and the} respondents^{would follow due procedure .under law} 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 initiatingactionagainst the} petitioners.

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wP-4932 2025

6 : _fatinq into "onsid (a) The aforesaid facts and circumstances of the

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case,

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(b) The submissions made by the learned counser appearing on beharf of the petitioners and the learned Standing Counsel for TGERC, appearing on behalf of respondent Nos.2 to 4,

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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.

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wP 4932 2025

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5

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As a sequel, the^{miscellaneous petitions, if}

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any,^{pendingin the Writ Petition shall alsostand closed'}

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SD/.P. PADMANABHA^REDDY

AS NT REGISTRAR

//TRUE COPY//

CTION OFFICER

To,

'1 . The Princioal Secretary, Dept'^{of Energyand Electricity' Secretariat}

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one cc to SRl. one cc to SRl. cc to SRl. to SRl. SRl.^{n. cnni'i'rjirX'sniki-C, cnni'i'rjirX'sniki-C,ScFbn rcEnc-topuclrcEnc-topucl} i. iilx d6.'i"-^{e p FbR ENLHGV-,i+sh eourt tor the State of Telangana at} Hyderabad [OUTI

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