Jayalakshmi Sea Foods PVT LTD vs. State Of Andhra Pradesh
Held
The Court directed the respondents not to take any coercive action against the petitioners, including disconnection of power supply. This interim relief was granted subject to the condition that the petitioners pay electricity duty at the rate of Rs.0.06 paise per KWh. The reasoning for this direction appears to be based on the submissions made by the petitioners and the precedent set by the Hon'ble Division Bench in Writ Petition No.29987 of 2023, dated 21.11.2023. The ratio decidendi for this interim order is that in similar circumstances, the High Court has granted protection to consumers against coercive action, provided they comply with a specified payment obligation. The operative direction is the stay on coercive action conditional on payment. No issues were expressly left undecided, as this was an interim order.
Facts
The petitioners, electricity consumers, filed a writ petition before the High Court of Andhra Pradesh challenging an action by the respondents, electricity distribution companies (APEPDCL and APCPDCL). The specific order or action under challenge is not detailed, but it pertains to the payment of electricity duty. The tax period is not specified. The procedural history indicates that the matter was heard on 07.12.2023, and the respondents were granted time to file counters. The court noted a previous order by a Division Bench in Writ Petition No.29987 of 2023, dated 21.11.2023.
Key Issues
1. Whether the respondents should be restrained from taking coercive action, including disconnection of power supply, pending the final disposal of the writ petition? The petitioners argued for interim relief, seeking to prevent coercive measures. They relied on the order of the Hon'ble Division Bench in Writ Petition No.29987 of 2023, dated 21.11.2023, which presumably dealt with similar issues. The respondents, represented by learned counsel, took notice and were granted time to file their counters. The judgment does not explicitly record arguments from the revenue/State side regarding the merits of the petitioners' claim for interim relief, other than their appearance and request for time to respond.
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Cause title — parties, addresses and appearances
OFFICE NOTE 1. 07.12.2023 NJS, J W.P. No.31585 of 2023
Heard the learned counsel for the petitioners.
Learned Government Pleader for Energy takes notice on behalf of respondent No.1, Mr.Metta Chandrasekhar Rao, learned Standing Counsel takes notice on behalf of respondent Nos.2 & 3–APEPDCL and Mr.V.R. Reddy Kovvuri, learned Standing Counsel takes notice on behalf of respondent Nos.4 & 5–APCPDCL.
At their request, for filing counters, list the matter on 25.1.2024. Considering the submissions made and perusing the order of the Hon’ble Division Bench in Writ Petition No.29987 of 2023, dated 21.11.2023, there shall be a direction to the respondents not to take any coercive action, including disconnection of the power supply subject to the petitioners paying electricity duty @ Rs.0.06 paise per KWh.
_______ NJS, J vasu
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