East Bay Granites And Exports vs. The State Of Ap
Held
The Court held that the present writ petition was squarely covered by the Order of the Hon'ble Division Bench in W.P.No.29672 of 2023 and batch dated 26.06.2025. The Division Bench had struck down G.O.Ms.No.7, dated 08.04.2022. Consequently, the official respondents were disentitled from levying electricity duty at the enhanced rate of one rupee per unit of sales. The Court found that the writ petition had to be allowed in terms of the Division Bench's order. The operative direction was to allow the writ petition in terms of the aforementioned Division Bench order, meaning the levy of electricity duty at the enhanced rate was set aside, and the petitioners were to be charged at the rate of Rs.0.06 paise per unit, with adjustments for any excess amounts paid. No costs were awarded.
Facts
The petitioners, various granite export and granite businesses, filed a writ petition challenging G.O.Ms.No.7, Energy (Power-II) Department dated 08.04.2022. This Government Order increased the electricity duty from Rs.0.06 Paise per unit to Rs.1/- per unit on energy sales to commercial and industrial consumers. The petitioners contended that this enhanced levy was illegal, arbitrary, and contrary to statutory provisions. They sought a direction to levy electricity duty only at the rate of Rs.0.06 paise per unit and to adjust any refundable amounts in future bills. The respondents are the State of Andhra Pradesh and APCPDCL.
Key Issues
1. Whether G.O.Ms.No.7, Energy (Power-II) Department dated 08.04.2022, which increased electricity duty for commercial and industrial consumers, is illegal, arbitrary, and contrary to statutory provisions? Petitioner's arguments: The petitioners argued that the action of the respondents in issuing G.O.Ms.No.7 and levying electricity duty at the enhanced rate was illegal, arbitrary, and contrary to statutory provisions. They relied on a previous judgment of the Division Bench of the High Court in W.P.No.29672 of 2023 and batch dated 26.06.2025, which they contended squarely covered the present issue. Revenue/State's arguments: The judgment does not record any specific arguments made by the respondents.
Sections Cited
Section 3
AI-generated summary — verify with the full judgment below
1
APHC010589092024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 30845/2024 Between:
EAST BAY GRANITES AND EXPORTS, (LT-USC NO. 4744604000587), SY .NO. 82/1 AND 82/2A, BESDIES PETROL BUNK, BUDAWADA VILLAGE, CHIMAKURTHI MANDAL, PRAKASAM DISTRICT REP. BY ITS MANAGING PROPRIETOR VENKATA RAMA KRISHNA REDDY, S/O VENKATA SWAMY REDDY,AGED ABOUT 61 YEARS, HINDU, BUSINESS, R/O.H.NO.13-6-434/D/70, JYOTHI NAGAR, MEDIPATNAM RING ROAD, ASIFANAGAR, HUMAYUNNAGAR, HYDERABAD.TELANGANA STATE.
M/S NANDINI GRANITES,, (LT-USC NO. 4744604000864), SY. NO. 82/2A MAIN ROAD, BUDAWADA VILLAGE, CHIMAKURTHI MANDAL, PRAKASAM DISTRICT REP. BY ITS PROPRIETOR MAKKE RAJA, S/O BRAHMAIAH, AGED ABOUT 40 YEARS, HINDU BUSINESS R/O.H.NO.39-8-19(5/14), 1ST LINE, GOPAL NAGAR, ONGOLE TOWN AND MANDAL, PRAKASAM DISTRICT.
M/S VYSHNAVI GRANITES,, (LT-USC NO 4621129009321), SY. NO. 518/1A RAJUPALEM DONKA ROAD, MARTUR, BAPATIA DISTRICT REP. BY ITS MANAGING PARTNER MUTHYALA HIMABINDU, D/
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