Telangana High Court
Sri Narsimha Oil Mill, Adilabad And Ano. vs Prl. Secy., Energy Dept. And 4 Ors. on 10 June, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.5067 OF 2013
ORDER:
Heard Mr. G. Pramod Kumar, learned counsel for the petitioners, learned Assistant Government Pleader for Energy appearing on behalf of respondent No.1, Mr. P. Prasad, learned Standing Counsel appearing on behalf of respondent No.2, P. Srinivasa Rao, learned counsel for the respondent No.3 and Mr.P. Vinod Kumar, learned counsel for respondent No.4.
2. The petitioner approached the Court seeking prayer as under:
" ...to issue Writ Order or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents in levying PCL charges without including the same in Proceedings No.APERC/Sec/18/20, dated 24.11. 2012 and 19.12.2012 in respect of seasonal Industry, that is Cotton Seed Oil Mills as illegal, arbitrary and against the tariff for the year 2012-2013 and further prays to direct the respondents either refund or adjust a sum of Rs.7,53,100/- and Rs.9,03,386/- in future bills of the petitioners Industries and pass ...."
SN, J 2 WP_5067_2013
3. The case of the petitioners in brief is that the APERC directed the petitioners to pay a sum of Rs.7,53,100/- for the month of December, 2012 (PCL charges) and the same was paid under protest on 30.1.2013 and that 2nd petitioner has also paid a sum of Rs.9,03,386/- towards PCL charges under protest for the month of December, 2013, which is arbitrary and unsustainable. Hence the writ petition.
4. Counter affidavit has been filed by the respondent No.4 and the learned counsel appearing on behalf of respondents relied upon para No.2 of the counter affidavit which reads as under :
"2. It is submitted that vide proceedings 24.11.2012 of the 3rd Respondent certain seasonal industries were exempted from the purview of the Restriction and Control measures issued on 01.11.2012. The exempted industries are Rice Mill, Cotton Ginning, Pressing Mills and ice Manufacturing Industries during the period from 24.11.2012 to 24.12.2012.
It is further submitted that the Hon'ble High Court by their orders dated: 19.11.2012 in W.P. No. 31777 of 2012 directed that the Commission i.e. SN, J 3 WP_5067_2013 APERC shall take fresh decision regarding imposition of power exemption on seasonal industries within a period of one month by giving a general notice to all seasonal industries of the State and after hearing them views and of the Discoms.
It is submitted that the 3rd Respondent Commission have conducted meeting with reference to the judgment of the Hon'ble High Court on 18.12.2012 and exempted seasonal industries i.e. Manufacture of Sugars or ICE or Salt decorticating, Ginning and Pressing, Cotton Seed Oil Mills, Seed Processing, Food Processing, Tobacco Pressing and re-drying and for such other Industries or processing as may be approved by the Commission from time to time covered by para No. 213.5.1.1 of the Tariff Order for Financial year 2012-13 and exempted these industries from R & C Measures from 24.12.2012 to 31.03.2013 and issued orders vide proceedings dated 24.12.2012.
It is submitted that the petitioner industry is also given exemption vide proceedings dated 24.12.2012 as per the orders of the Hon'ble APERC".
4. Taking into consideration the averments made at para No.2 of the counter affidavit filed by the 4th respondent (referred to and extracted above), in view SN, J 4 WP_5067_2013 of the fact that petitioners industry has already been given exemption by the proceedings dated 24.12.2012 as per the orders of the APERC, the writ petition is disposed of bringing the said averments in the counter affidavit filed by the 4th respondent on record. However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA 10.06.2024.
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