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2025 DIGILAW 1098 (AP)

Sree Gowari Biotech Hatchery, JH v. State of Andhra Pradesh, Rep. by its Secretary to Energy Department, Secretariat, Velagapudi, Amaravathi, Guntur Dist. A. P

2025-10-08

VENKATESWARLU NIMMAGADDA

body2025
ORDER : VENKATESWARLU NIMMAGADDA, J. 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: The petitioner prays that the Hon’ble Court may be pleased to writ of mandamus declaring the action of the respondents in levying electricity duty on its hatchery unit situated at survey No.12-2, Tenkayapalemchettupalem village, Ulavapadu Mandal, Kaderu post, Sri Potti Sriramulu Nellore, having LT.Sc No.4522353000489, at Rs.1 per unit instead of Rs.0-06 paisa per unit as directed by this court through its common judgment in W.P.No.29672 of 2023 and batch on 26 th June, 2025 as arbitrary, illegal and violation of Article 14 and 19 of the constitution of India, and consequently direct the respondents herein to refund the excess amount levied and collected by them of than Rs.0-06 paisa per unit from the petitioner more as electricity duty in the monthly bills starting from the month of April 2024 till date together with appropriate interest as per law and pass such order or other orders as deems fit and proper in the interest of justice…” 2. Heard the learned counsel for the petitioner and the learned Government pleader for the respondent No.1 and the learned Standing counsel for the respondent Nos.2 to 7. 3. Learned Counsel for the Respondents has placed on record the Order passed by the Hon’ble Supreme Court in SLP (Civil) No.26194 of 2025. The said SLP had been preferred by the State of Andhra Pradesh assailing the Common Final Judgment and Order rendered by the Division Bench of this Hon’ble Court dated 26.06.2025 in W.A.No.1043 of 2023 and batch. The said SLP along with I.A.No.228681 of 2025 came up before the Hon’ble Supreme Court on 19.09.2025 and the Hon’ble Supreme Court was pleased to pass the following Order: “1. Leave granted. 2. In the meantime, there shall be stay limited to the extent of refund. It is made clear that the State will be entitled to raise and collect the duty @ 6 paise per unit as per Govt. Order dated 09.12.1994 only. 3. The Writ Petitioners before the High Court are all impleaded herein as party respondents. The Advocate-on-Record shall, accordingly, amend the cause title of the present appeal. Upon such amendment, notices be issued to all the impleaded respondents. 4. Include this appeal in the final hearing list for the month of February, 2026. 5. Order dated 09.12.1994 only. 3. The Writ Petitioners before the High Court are all impleaded herein as party respondents. The Advocate-on-Record shall, accordingly, amend the cause title of the present appeal. Upon such amendment, notices be issued to all the impleaded respondents. 4. Include this appeal in the final hearing list for the month of February, 2026. 5. Pleadings be completed in the meantime.” 3. The above extract would make it amply clear that at the admission stage, the Hon’ble Supreme Court had granted leave thereby, admitting SLP as Civil Appeal. The Order would also indicate that insofar as the refund of the amounts which are paid by the private parties, the Hon’ble Supreme Court has stayed the process of seeking refund. The said Order would also indicate that the State is directed to collect electricity @ 6 paise per unit as per Government Order dated 09.12.1994. The said Order would also indicate that such of the Writ Petitioners and the Respondents in the Writ Appeals preferred by the State were directed to be impleaded as party Respondents with a further direction to the Advocate on Record to take suitable steps to implead them. 4. This Order of the Hon’ble Supreme Court would bind the present Writ Petitioners as well. 5. In the present Writ Petition, it is stated at the bar, that some of the Writ Petitioners were not parties in the Writ Petitions and the Writ Appeals that were disposed of by the Hon’ble Division Bench of this Court vide Order dated 26.06.2025 in W.A.No.1043 of 2023 and batch. 6. Having regard to the Order of the Hon’ble Supreme Court dated 19.09.2025, this Court deems it appropriate to dispose of the Writ Petition inasmuch as the issue of refund is also subject matter before the Hon’ble Supreme Court. 7. Needless to state that the direction rendered against the Government to collect the electricity duty @ 6 paise per unit as per Government Order dated 09.12.1994 shall also apply to the present Writ Petitioner as well until such Order is modified by the Hon’ble Supreme Court. 8. Also, needless to state that the Writ Petitioner in the present petition who was not party in the proceedings before the Division Bench of this Hon’ble Court would have the liberty to approach the Hon’ble Supreme Court, if they are so advised. 9. 8. Also, needless to state that the Writ Petitioner in the present petition who was not party in the proceedings before the Division Bench of this Hon’ble Court would have the liberty to approach the Hon’ble Supreme Court, if they are so advised. 9. With these observations and directions, this Writ Petition is disposed of. No order as to costs. As a sequel, interlocutory applications if any pending, shall stand closed.