M/S D.S. Enterprises Gautambudh ... vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 9977 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 5184 of 2022
 

 
Petitioner :- M/S D.S. Enterprises Gautambudh Nagar Thru. Its Director Sanjeev Garg
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Energy U.P. Civil Secrt. Lko. And Another
 
Counsel for Petitioner :- Vishal Dixit,Kamlesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Narendra Kumar Johari,J.

By means of this writ petition, the petitioner is seeking a writ in the nature of mandamus directing the opposite parties to allow the benefit of order dated 7.8.2019 passed in Writ Petition No. 5055 (MB) of 2019 as well as Hon'ble Supreme Court decision dated 7.1.2020 in the matter of rebate of Electricity Duty.

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 07.08.2019 with a direction that the State Government shall refund the amount of electricity duty collected after the issuance of the notification dated 21.01.2010, 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 07.08.2019 passed in the above referred writ petition.

Order Date :- 11.8.2022

ML/-