2025 Supreme(Online)(Tel) 22317
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
M/S. MALLIKARJUNA RICE INDUSTRIES – Appellant
Versus
The State of Telangana – Respondent
WP 40019/2025
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION Nos.40019 and 40249 of 2025
Dated: 30.12.2025
W.P.No.40019 of 2025
Between:
M/S. Mallikarjuna Rice Industries
…Petitioner
AND
The State of Telangana & four others
…Respondents
&
W.P.No.40249 of 2025
Between:
M/S. Veekshitha Rice Industries
…Petitioner
AND
The State of Telangana & four others
…Respondents
COMMON ORDER:
Heard Sri Challa Srinivasa Reddy, learned counsel for the
petitioner; learned Government Pleader for Energy, for respondent
No.1; Sri N. Sreedhar Reddy, learned Standing Counsel for
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TGSPDCL, for respondent Nos.2 to 4 and learned Government
Pleader for Revenue, for respondent No.5.
2. These two writ petitions are taken up together and disposed
of by way of this common order, as the issues involved are similar
and arise out of identical facts.
3. The petitioners in both writ petitions are proprietors of rice
mills situated in Maddur Mandal, Narayanapet District, holding
valid electricity service connections bearing S.C. No. 0168100561
and S.C. No. NPT1453 respectively. It is stated that the petitioners’
rice mills were established after obtaining all necessary
permissions, and the petitioners have been regularly paying their
electricity bills without any arrears. The grievance of the petitioners
is that respondent Nos.2 to 4 disconnected the electricity supply to
their rice mills, allegedly on the basis of letters issued by
respondent No. 5, the Collector (Civil Supplies), Narayanapet
District, for non-payment of the alleged defaulted amounts of
Rs.3,94,06,009/- and Rs.4,66,79,561/- respectively. It is stated
that the said disconnection is illegal, arbitrary, violative of the
principles of natural justice, contrary to the rules of the Electricity
Department, and unconstitutional. It is further stated that the
alleged liability towards shortage of CMR paddy stocks is disputed,
that the petitioners have submitted their replies to the show-cause
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notices, and that the imposition of penalty and interest is contrary
to the applicable rules. Therefore, the petitioners seek restoration
of electricity supply to their rice mills.
4. Per contra, learned counsel appearing for the respondents
vehemently opposed the maintainability of the writ petitions. They
submit that large-scale shortages of government paddy stocks were
found during inspections conducted by the competent authorities
and that criminal cases have been registered against the
petitioners for offences under the Indian Penal Code and the
Essential Commodities Act. They further submit that the
petitioners are defaulters to the tune of several crores of rupees
payable to the Government and that, despite clear instructions to
stop milling operations until clearance of dues, they continued
operations. In those circumstances, respondent No.5-Collector
(Civil Supplies) requested the electricity department to disconnect
power supply to prevent further misuse, and the same was done in
accordance with law.
5. During the course of hearing, this Court put a specific query
to learned counsel for the petitioners as to whether the petitioners
are willing to pay the entire defaulted amounts, if so calculated, to
enable restoration of power supply to the their mills, he
categorically denied the same, contending that the very calculation
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of the alleged dues is wrong. At the same time, it is evident that the
petitioners dispute the quantum and legality of the demand raised
by the Civil Supplies Department.
6. This Court is of the considered view that the dispute raised
by the petitioners primarily relates to the correctness of calculation
of shortage of paddy, levy of penalty and interest, and the
consequential liability. Such disputed questions of fact, involving
examination of records, accounts, and factual adjudication, cannot
be gone into under Article 226 of the Constitution of India. The writ
jurisdiction is not meant for determination of complex factual
disputes or for adjudicating upon the