S P Apparel INDIA vs. The State Of Ap
Held
The Court, considering the submissions and perusing the record, was inclined to pass an interim order. As an interim measure, the Court directed that the respondents shall not take any coercive steps, including disconnection, for non-payment of Electricity duty as per G.O.Ms.No.7, dated 08.04.2022. This relief is provided on the condition that the petitioner makes payment of the duty at the rate of Rs.0.06 per unit and also clears any pending dues of duty at the same rate. The matter is to be listed after four weeks for filing a counter-affidavit.
Facts
The petitioner, S P Apparel India, has filed a writ petition challenging an action by the respondents related to the payment of Electricity duty as per G.O.Ms.No.7, dated 08.04.2022. The petitioner's counsel cited similar circumstances where a Co-ordinate Bench of the High Court had passed interim orders in W.P.Nos.2935 & 4727 of 2023. The petitioner sought a similar interim order in the present writ petition. The respondents include the State of Andhra Pradesh and others, represented by the Government Pleader and Standing Counsel.
Key Issues
1. Whether the petitioner is entitled to an interim order similar to those granted in W.P.Nos.2935 & 4727 of 2023, concerning the payment of Electricity duty as per G.O.Ms.No.7, dated 08.04.2022? Petitioner's Argument: The petitioner argued that in similar circumstances, a Co-ordinate Bench of the High Court had granted interim orders, and therefore, a similar order should be passed in this case. The petitioner relied on the precedent set by the Co-ordinate Bench in W.P.Nos.2935 & 4727 of 2023. Respondent's Argument: The judgment does not record any specific arguments made by the respondents at this interim stage. However, the court considered the submissions made by the petitioner and the record before passing the interim order.
AI-generated summary — verify with the full judgment below
APHC010273632024
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: 13687/2024 Between: S P Apparel India ...PETITIONER AND The State Of Ap 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: 13687/2024
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 coercive steps including disconn
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