M/S Al Junaid Food Products ... vs State Of U P And Another
2022 Latest Caselaw 21504 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 38386 of 2022
 

 
Petitioner :- M/S Al Junaid Food Products Private Ltd. And Another
 
Respondent :- State Of U P And Another
 
Counsel for Petitioner :- Mayank Kumar Agrawal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Siddhartha Varma,J.

Hon'ble Ajit Singh,J.

Sri Narendra Kumar Tiwari learned Advocate has put in appearance on behalf of the respondents.

By means of this writ petition, the petitioners herein are seeking a writ of mandamus commanding the respondents to give actual credit of the amount towards rebate of Electricity Duty to the petitioner w.e.f. March, 2012 to July 2017.

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.

Even the learned Standing Counsel accepts that the present matter is covered by the Division Bench judgment 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 :- 16.12.2022

AU