IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 2142 OF 2020

06.01.2026 Between:

M/s Kalyani Refineries Ltd.

Rep. by its Director Sri VVSR Narsimha Rao ….. Petitioner And The State of Telangana, Rep. by its Principal Secretary, Department of Energy, Hyderabad & three others ….. Respondents

O R D E R:

Petitioner states that it is a Company registered under the Companies Act and established in 1989 for manufacturing of edible and non-edible oils and De-oiled extractions. They are having HT Service Connection No. RJN 587 (MBN 587) and paid Rs.7,44,100/- towards development charges and Rs. 2,45,820/- towards consumption deposit. As they incurred loss in the business, they could not pay electricity consumption charges due to which Respondents disconnected power on 05.12.2004 and adjusted the consumption deposit and claimed Rs. 44,97,795/- towards development charges, actual consumption charges and minimum charges during the disconnection period and late payment charges. Petitioner company therefore, made representation in 2004 to waive off unconnected metering charges and minimum charges levied by respondents and development charges already paid on 05.12.1995, however, as respondents failed to respondent, petitioner claims to have made representation on 08.03.2004. As there is no response, petitioner filed Writ Petition No. 7376 of 2004 wherein this Court, by order dated 25.08.2005, directed respondents to consider representation and pass orders thereon, but respondents without considering the same, disconnected power supply and terminated the Agreement even before filing the Writ Petition and they did not restore power supply in spite of several representations made by petitioner.

1.1. It is stated, petitioner company became sick and was not operating, however, Respondents issued the impugned demand notice dated 30.10.2019 directing petitioner to pay Rs. 1,35,09,741/- as CC charges and arrears and penalty from 05.12.2004 to 31.10.2019. According to petitioner, the said charges cannot be claimed by Respondents, as they are barred by limitation and also on the ground that Service Connection was disconnected long back, therefore, demanding such huge amount is illegal and arbitrary.

1.2. It is stated, Respondents already adjusted the development charges and consumption deposit and claiming the amount of Rs. 36,30,187/- for the electricity used from 2003 to 2004 with penalty of 1.5 % p.m. from 05.12.2004 to 31.10.2019. The original dues as on April 2004 were Rs. 11,47,109/-, out of which Rs. 2,45,820/- being consumption deposit, Rs.1,11,112/- excess development charges paid and Rs. 86,080/- UCM charges were already adjusted and petitioner is liable to pay only Rs. 7,04,097/- after the above adjustments but not Rs.36,30,187/-, as demanded by Respondents and even the said amount of Rs. 7,04,097/- is barred by limitation. It is therefore, prayed to set aside the impugned proceedings.

2. By order dated 04.10.2021 in I.A.No. 1 of 2021, this Court directed respondents not to disconnect power supply to the subject house pursuant to the notice dated 16.09.2021 which is without prejudice to the contentions raised by petitioner, subject to their depositing Rs.11,47,109/- within four weeks from that day. Thereafter, petitioner had taken out I.A. No. 2 of 2021 to grant eight more weeks to comply with the order dated 04.10.2021, on the ground that the Company has not been running since last 15 years; in COVID-19 pandemic situation, petitioner could secure only Rs.3 lacs from various people and the said amount was paid to respondent authorities. In view of the said submission, the Application was allowed granting four weeks time from that day to petitioner to pay the balance Rs.7,47,109/-.

3. In the counter filed on behalf of Respondents 2 to 4, it is stated, petitioner failed to pay C.C. charges from February 2003 to March 2004, hence power supply was disconnected on 16.04.2004 as per Se