Digitally 2025:CGHC:45485-DB signed by ANURADHA ANURADHA TIWARI TIWARI Date: NAFR

2025.09.08

17:39:09 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4752 of 2025

1 - Association of Power Producers Having Its Registered Office At 501- 502, 5th Floor, Mohan Dev Building 13, Tolstoy Marg, New Delhi-110001 2 - Adani Power Limited Having Its Registered Office At Adani Corporate House, Shantigram, Near Vaishno Devi Circle, S.G. Highway, Khodiyar, Ahmedabad - 382421, Gujarat.

3 - DB Power Limited Having Its Registered Office At 3rd Floor, Naman Corporate Link, Opp. Dena Bank, C-31, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai, Maharashtra-51.

4 - RKM Powergen Private Limited Having Its Registered Office At No.

14, Dr. Giriappa Road, T. Nagar, Chennai, Tamil Nadu-600017

5 - MB Power (Madhya Pradesh) Ltd. Having Its Registered Office At Corporate Off - 239, Okhla Industrial Estate Not A Party Appellant No. 3

19 Phase - Iii, New Delhi – 110020

6 - Rattan India Power Ltd. Having Its Registered Office At 402, 11th Floor, Udyog Vihar Phase 3, Gurgaon Haryana-122016.

... Petitioners versus

1 - South East Central Railways New Zonal Building, Bilaspur, Chhattisgarh – 495004.

2 - South Eastern Coalfields Limited Seepat Road, Bilaspur, Chhattisgarh – 495006

3 - Coal India Limited Through Its Secretary Coal Bhawan, Premise No. 04, Mar, Plot No.Af-Iii, Action Area - 1a, Newtown, Rajarhat, Kolkata –

700156

4 - Union of India Through Its Secretary, Ministry of Railways, 256-A, Raisina Road, Rajpath Area, Central Secretariat, New Delhi, 110001

5 - Union of India Through Its Secretary, Ministry of Coal, A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi - 110001 ... Respondents (Cause-title taken from Case Information System)

Order on Board

Per Ramesh Sinha , Chief Justice

08.09 .2025

1 Heard Mr. Kishore Bhaduri, learned Senior Counsel assisted by Mr. Ishan Bhaduri, learned counsel for the petitioners as well as Ms. Anmol Sharma, learned Central Government Counsel, appearing for the respondents No.1, 4 and 5 and Mr. Pankaj Singh, learned counsel appearing on behalf of the respondents No.2 and 3.

2 By filing this writ petition, the petitioners have prayed for following relief(s):-

“(a) Pass an order/direction/writ in nature of mandamus directing Respondent No. 1 to refund the WRF recovered from Petitioner Nos. 2 to 6 along with applicable interest.

IN THE ALTERNATIVE TO PRAYER (A)

ABOVE, (b) Pass an order/direction to Respondent No. 2 to adjust/refund the debited WRF from the coal bills raised upon Petitioner Nos. 2 to

6 along with applicable interest.

(c) Pass such other orders / directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

3 Brief facts of the case, are that the Petitioner No. 1 is a society registered under the Societies Registration Act, 1860, comprising leading private power developers of India who own and operate thermal power plants and account for more than 90% of the private sector’s existing and planned capacity. Petitioners No. 2 to 6 are generating companies within the meaning of Section 2(28) of the Electricity Act, 2003, who procure coal from SECL under Fuel Supply Agreements (‘FSAs’) and transport the same through South East Central Railway (‘SECR’). The Respondents include SECR, SECL, Coal India Limited (‘CIL’), Union of India through Ministry of Railways, and Union of India through Ministry of Coal. On 07.01.2020, the Ministry of Railways issued rules governing the registration of indents and levy of cancellation charges, under which failure to load rakes after placement results in forfeiture of Wagon Registration Fee (‘WRF’). Between July and September 2024, SECL, despit