Pioneer Spinning And Weaving Mills LTD vs. The State Of Andhra Pradesh

Held

The Court, as an interim measure, directed that the respondents shall not take any coercive steps, including disconnection, for the non-payment of Electricity duty as per G.O.Ms.No.7, dated 08.04.2022. This relief is conditional upon the petitioner making payment of the duty at the rate of Rs.0.06 per unit and clearing any pending dues at the same rate. The Court considered the submissions made by the petitioner regarding similar interim orders passed by a co-ordinate bench. The matter was listed for filing of counter-affidavits after four weeks. No specific issue was left undecided, as this is an interim order.

Facts

The petitioner, Pioneer Spinning And Weaving Mills Ltd, filed a writ petition before the Andhra Pradesh High Court challenging an action by the respondents (The State of Andhra Pradesh and Others). The petitioner sought an interim order similar to those granted in similar circumstances by a co-ordinate bench in W.P.Nos.2935 & 4727 of 2023. The dispute pertains to the payment of Electricity duty as per G.O.Ms.No.7, dated 08.04.2022. The court was asked to pass an interim order to prevent coercive steps, including disconnection, for non-payment of this duty.

Key Issues

1. Whether the respondents should be restrained from taking coercive steps, including disconnection, for non-payment of Electricity duty as per G.O.Ms.No.7, dated 08.04.2022, pending further orders? Petitioner's contention: The petitioner argued that in similar circumstances, a co-ordinate bench of the High Court had passed interim orders in W.P.Nos.2935 & 4727 of 2023. They prayed for a similar interim order to be passed in the present writ petition. Respondents' contention: The judgment does not record any specific arguments or contentions made by the respondents at this interim stage. The Government Pleader for respondent No.1 and the Standing Counsel for respondents Nos.2 and 3 were heard.