M/S. Star Tiles And Bricks Industries 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 contingent upon the petitioner making payment of the duty at the rate of Rs.0.06 per unit and also clearing any pending dues at the same rate. The Court has not decided the ultimate merits of the dispute, as it is an interim order. The matter is listed for filing of counter-affidavits after four weeks.
Facts
The petitioner, M/s. Star Tiles And Bricks Industries, filed a writ petition before the Andhra Pradesh High Court challenging the demand for electricity duty. The petitioner argued that in similar circumstances, a co-ordinate bench of the High Court had passed interim orders. The respondents are the State of Andhra Pradesh and other authorities. The dispute pertains to the payment of electricity duty as per G.O.Ms.No.7, dated 08.04.2022. The court considered the submissions and the record to pass an interim order.
Key Issues
1. Whether the petitioner is entitled to an interim order restraining coercive steps for non-payment of electricity duty as per G.O.Ms.No.7, dated 08.04.2022, pending final disposal of the writ petition? Petitioner's argument: The petitioner contended that similar circumstances have led a co-ordinate bench of the High Court to pass interim orders in other writ petitions (W.P.Nos.2935 & 4727 of 2023), and therefore, a similar interim order should be granted in this case. The petitioner sought to avoid coercive steps, including disconnection, for non-payment of the electricity duty. Respondent's argument: The judgment records no specific argument from the respondents at this interim stage.
AI-generated summary — verify with the full judgment below
APHC010271002024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] TUESDAY ,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13697/2024 Between: M/s. Star Tiles And Bricks Industries, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
T JANARDHAN RAO Counsel for the Respondent(S):
GP FOR ENERGY The Court made the following:
WRIT PETITION NO: 13697/2024
Heard the learned counsel for the petitioner, learned Government Pleader for respondent No.1 and learned Standing Counsel for respondent Nos.2 and 3. Learned counsel for the petitioner submits that in similar circumstances the Co-ordinate Bench of this Court has passed interim orders in W.P.Nos.2935 & 4727 of 2023. Accordingly, prayed to pass the similar interim order in this Writ Petition also.
Considering the submissions made above and on perusal of the record, this Court is inclined to pass the following interim order: Accordingly, as an interim measure it is provided, that the respondents shall not take any
The judgment continues below.
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