Telangana High Court
M/S Sri Ramanjaneya Rice Mill vs State Of Telangana on 18 August, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION Nos.34187 and 35404 of 2024
COMMON ORDER:
Since the issue involved in both the writ petitions is one and the same, they are heard together and being disposed of by way of this common order.
2. W.P.No.34187 of 2024 is filed seeking the following relief:
"....to issue a writ, order or direction more particularly one in the nature of writ of certiorari by calling for the records and to quash the orders in CG No.309/202324/Rajendranagar Circle dated 01.05.2024 on the file of the 2nd respondent as arbitrary, illegal, unjust and contrary to the law and facts of the case and to quash the same...."
3. W.P.No.35404 of 2024 is filed seeking the following relief:
"....to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus i) declaring the actions of the Respondents in issuing HT bills for the month of May 2023-October 2023 against the service connection of the Petitioners rice mill vide SC No.210202175 and thereby demanding the Petitioner to pay an amount to tune of INR 3,00,000/- for the months of May 2023-October 2023 as illegal, arbitrary, unconstitutional apart from being in violation of the provisions of Electricity Act, 2003 and Retail Supply Tariff Order for the FY 2023-2024 and set aside the same and ii) Directing the Respondent authorities to refund an amount totaling to the tune of INR 4,59,000/ including with the interest penalty and compensation ..."
4. For the sake of convenience, the facts are referred to as mentioned in W.P.No.34187 of 2024.
5. The brief facts of the case are that respondent No.1 has been provided with a service connection bearing SC.No.2102 02175 under LT-III Category [Industrial] in the name of M/s. Sri Ramanjaneya Rice Industries with a contracted load of 99 HP, and 2 the contracted load was enhanced from 99 HP to 109 HP in the month of June 2023. In the month of May 2023, respondent No.1 has exceeded the contracted load from 99 HP to 104.91HP, hence Development charges case was booked for an amount of Rs.15,620/- for regularization of the load, and respondent No.1 has paid the said amount on 03.06.2023. In the Energy Billing System (EBS) once the connected load is entered as more than 100 HP, the billing shall automatically be done under HT Category and the billing is updated as per HT Flag. As respondent No.1 has exceeded the contracted load to 99 HP in the month of May 2023, the service connection was automatically billed under HT Category. The EBS is programmed to bill under the HT Category from the month when the violation is detected and in the present case from May, 2023. Aggrieved by the billing under HT Category, respondent No.1 has filed a complaint before the 2nd respondent, and the 2nd respondent vide order dated 01.05.2024 in C.G.No.309/2023-24- RAJENDRANAGAR CIRCLE, has directed the respondents therein to revise the bills from May-2023 to October-2023 against S.C.No.2102 02175 under LT-III category only instead of HT-I tariff and refund/adjust the same along with simple interest at 9% per annum as per Clause 2.49 (b) of Regulation No.3 of 2015 and also directed to refund for an amount of Rs.2,360/- which was collected from the consumer towards testing charges within 21 days, and if 3 the complainant is aggrieved by the said order, may avail remedies within 45 days from the date of receipt of the order. It is submitted that the 1st respondent has to make an application to the Accounts Officer to change the category to Category III Sub Category-8, as the 1st respondent is utilizing the power supply for running a rice mill. But 1st respondent has not submitted any application for change of category, hence the billing was being done under for the period from May to September 2023 under HT Category as the 1st respondent has exceeded the contracted load of 100 HP. It is submitted that the 2nd respondent erred in granting interest @ 9% per annum without looking into the provisions in the Electricity Act, 2003, the General Terms and Conditions of supply and the tariffs for the year 2023-24, and also without considering the provisions of the Electricity Act, 2003, therefore, the same needs to be quashed.
6. A counter affidavit has been filed by respondent No.1 denying the allegations made against it and stated that even though it has not exceeded 125 HP for LT-III industrial categories, it was charged wrongly under the HT Flag in spite of payment of charges and requested the Divisional Engineer to remove the said categorization. It is further stated that any person aggrieved by an order made by an adjudicating officer can prefer an appeal to the Appellate 4 Tribunal, but the petitioners have filed the present writ petition solely to circumvent the law of limitation.
6. In view of the above facts and circumstances of the case, this Court is not inclined to interfere with the orders dated 01.05.2024 passed by respondent No.2 in C.G.No.309/2023-24- RAJENDRANAGAR CIRCLE, and W.P.No.34187 of 2024 is accordingly dismissed. In view of dismissal of W.P.No.34187 of 2024, W.P.No.35404 of 2024 is allowed directing the respondents therein to implement the order dated 20.08.2024 in C.M.P.No.04/2024-25 in C.G.No.309/2023-24-RAJENDRANAGAR CIRCLE, only to the extent of paragraph No.7, excluding the payment of compensation by the respondents therein. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
___________________________________ JUSTICE NAGESH BHEEMAPAKA Date: 18.08.2025 sus