M/S Siddheshwari Industries Pvt. ... vs State Of U.P. And 3 Others
2021 Latest Caselaw 8059 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 11314 of 2021
 

 
Petitioner :- M/S Siddheshwari Industries Pvt. Ltd.
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kshitij Shailendra
 
Counsel for Respondent :- C.S.C.,Chandan Agarwal
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the parties.

By means of this writ petition, the petitioner herein is seeking a writ in the nature of mandamus commanding the respondent nos. 3 & 4 to give actual credit of the amount towards rebate of Electricity Duty to the petitioner w.e.f. January, 2010 till January, 2020.

The matter of refund of the electricity duty came up for consideration before a Division Bench of this Court in Misc. Bench No.5055 of 2019; M/S Bansal Wire Industries Ltd. Vs. State of U.P. & Ors. and other connected petitions.

The petitions were allowed vide judgment and order dated 7.8.2019 with a direction that the State Government shall refund the amount of electricity duty collected after the issuance of the notification dated 21.1.2010, within a period of six months, failing which the amount would carry interest at the rate of 10%.

The aforesaid judgment is final and conclusive as the SLP filed against the same has been dismissed by the Hon'ble Supreme Court. The present matter is covered by the Division Bench judgement of this Court.

In view of the aforesaid, we dispose of this writ petition in the same terms and conditions as in the judgment and order dated 7.8.2019 passed in the above referred writ petition.

The writ petition accordingly stands disposed of.

Order Date :- 15.7.2021

Radhika