M/S.Ananda Enterprises (INDIA) PVT LTD. vs. The State Of Andhra Pradesh
Held
The Court granted interim relief to the petitioner on the grounds of parity with the order passed in W.P. No. 5617 of 2023. The respondent-authorities were directed not to take any coercive steps against the petitioner's service connection No.ELR720, including disconnection, for non-payment of electricity duty as per G.O.Ms.No.7, Energy (Power-III) Department, dated 08.04.2022. This relief was granted provided the petitioner pays the duty at the rate of Rs.0.06 per unit and clears any pending dues at the same rate. The Court clarified that this interim order pertains only to the electricity duty as specified and is not with respect to any other electricity dues payable by the petitioner. The Court did not decide on the merits of the case, only granting interim protection.
Facts
The petitioner, Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), filed a writ petition challenging the demand for electricity duty. The petitioner sought interim relief, arguing that the case was similar to W.P. No. 5617 of 2023, where this Court had granted interim orders. The respondents, including the Government Pleader for Energy and standing counsel for APEPDCL, were noticed. The petitioner requested that the present case be considered on similar lines as the previously decided writ petition. The standing counsel for the respondents reported no objection to this request.
Key Issues
1. Whether the petitioner is entitled to interim relief on the grounds of parity with the order passed in W.P. No. 5617 of 2023, concerning the payment of electricity duty as per G.O.Ms.No.7, Energy (Power-III) Department, dated 08.04.2022? Petitioner's Contention: The petitioner argued that the facts of the present case are similar to those in W.P. No. 5617 of 2023 and therefore, interim orders should be granted on similar lines. The petitioner relied on the precedent set by this Court in the aforementioned writ petition. Revenue/State's Contention: The learned standing counsel for the respondents reported no objection to the petitioner's submission for granting interim relief on the grounds of parity.
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Cause title — parties, addresses and appearances
05.10.2023 W.P. No.26069 OF 2023 Notice before admission. Learned Government Pleader for Energy takes notice on behalf of respondent No.1
Sri Metta Chandra Sekhar, learned standing counsel for the Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL), takes notice on behalf of respondent Nos.2 & 3. For counters, post on 09.11.2023. ______ I.A. No.2 OF 2023 Heard learned counsel for the petitioner and learned standing counsel for respondent Nos.2 & 3 Learned counsel for the petitioner submitted that, in similar set of facts, this Court granted interim orders in W.P. No.5617 of 2023 and prayed to consider the present case also on similar lines. To the said submission, learned Standing Counsel reported no objection. Taking the submissions of both the learned counsel into consideration an
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