Varun Hospitality PVT LTD vs. The State Of Andhra Pradesh

WP/6197/2024HC Andhra PradeshGSTCNR APHC01011558202430 June 2025Bench: SUBBA REDDY SATTI1 pages

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Held

The Court, 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, directed the respondents not to take any coercive action, including disconnection of power supply, against the petitioners. This interim relief is subject to the condition that the petitioners pay electricity duty at the rate of Rs. 0.06 paise per KWh. The Court also directed that the matter be listed on 05.03.2024 for filing counters and further consideration. The specific amount in dispute regarding the electricity duty was not detailed, nor was the exact period for which the duty was claimed or disputed.

Facts

The petitioners, Varun Hospitality Pvt Ltd and others, filed a writ petition before the High Court of Andhra Pradesh at Amaravati. The respondents are the State of Andhra Pradesh and others, including APEPDCL. The petitioners are seeking a direction to prevent coercive action, specifically the disconnection of power supply. The dispute appears to relate to electricity duty. The Court considered the submissions and a previous order in Writ Petition No. 29987 of 2023, dated 21.11.2023. The matter was listed for filing counters and further hearing on 05.03.2024.

Key Issues

1. Whether the respondents should be restrained from taking coercive action, including disconnection of power supply, against the petitioners? (Question of law and fact, concerning the petitioners' right to continued supply of electricity and the respondents' power to disconnect). Contentions of the Petitioner: The petitioners sought an interim order to prevent coercive action, including power disconnection, subject to them paying electricity duty at a specified rate. They relied on the previous order of the Hon'ble Division Bench in Writ Petition No. 29987 of 2023. Contentions of the Respondent: The learned Government Pleader for Energy took notice on behalf of respondent No.1. The learned Standing Counsel for APEPDCL took notice on behalf of respondent Nos. 2 to 4. No specific arguments were recorded for the respondents regarding the merits of the interim relief sought, beyond taking notice.

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Cause title — parties, addresses and appearances

APHC010115582024 IN THE H ( TUESDAY, TWO TH THE HONOURAB WRIT Between: Varun Hospitality Pvt Ltd a The State Of Andhra Prade Counsel for the Petitione 1.K V UPENDRA GUPTA Counsel for the Responde 1.GP FOR ENERGY (AP) The Court made the follo Heard the learned c Learned Governmen respondent No.1 and Mr Counsel for APEPDCL tak At their request, for Considering the sub Hon’ble Division Bench 21.11.2023, there shall be coercive action, including the petitioners paying elec HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) , THE TWELFTH DAY OF MARCH HOUSAND AND TWENTY FOUR PRESENT BLE SRI JUSTICE NINALA JAYASURY T PETITION NO: 6197/2024 and Others ...PETI AND esh and Others ...RESPO er(S): A ent(S): )

wing INTERIM ORDER: ounsel for the petitioners. nt Pleader for Energy takes notice on .Metta Chandra Sekhar Rao, learned kes notice on behalf of respondent Nos filing counters, list the matter on 01. bmissions made and perusing the or in Writ Petition No.29987 of 20 e a direction to the respondents not t g disconnection of the power supply ctricity duty @ Rs.0.06 paise per KWh NINALA JAY

[3209] YA TIONER(S) ONDENT(S) n behalf of d St

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