M/S Kashi Vishwanath Industries vs State Of U.P. And 2 Others
2022 Latest Caselaw 3179 ALL

Citation : 2022 Latest Caselaw 3179 ALL
Judgement Date : 17 May, 2022

Allahabad High Court

M/S Kashi Vishwanath Industries vs State Of U.P. And 2 Others on 17 May, 2022

Bench: Manoj Kumar Gupta, Dinesh Pathak




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 
Case :- WRIT - C No. - 13281 of 2022
 
Petitioner :- M/S Kashi Vishwanath Industries
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Tinku Singh,Vijay Singh Gour
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Dinesh Pathak,J.

The principal challenge made in the writ petition is to an order dated 05.12.2018 passed by respondent no. 3, whereby he has directed for adjustment of electricity duty, which is to be refunded to the petitioner, from future bills.

Counsel for the petitioner Sri Vijay Singh Gour and learned Standing Counsel state that the instant petition is covered by the order delivered on 6.5.2022 in Writ-C No.5817 of 2022 M/s Benara Udyog Ltd. Vs. State of U.P. and 3 others.

The operative part of the order passed in the said case is as follows:-

"Having regard to the specific stand taken by respondent No.4 in the personal affidavit filed by him today and the statement made by the Additional Chief Standing Counsel appearing on behalf of the State, we dispose of the writ petition accordingly and direct respondent No.1 to refund electricity duty to the petitioner within 15 days alongwith interest @ 10% p.a. for the period starting from 16.4.2020 till the date of actual payment."

Respondent no. 2 has filed his personal affidavit in compliance of our previous order and in para 6 thereof he has admitted that the petitioner is entitled for reimbursement of the electricity duty to the tune of Rs. 12,16,425.48/-. It is further stated in para 7 that respondent no. 2 has recommended to the Principal Secretary Energy Section-3 Lucknow without ambiguity and any pre-conditions for issuing order for reimbursement of the electricity duty to the petitioner.

Learned Standing Counsel states that the instant matter is, thus, covered by judgment delivered in M/s Benara Udyog Ltd. Vs. State of U.P. and 3 others.

Having regard to the above fact, the instant writ petition is also disposed of in terms of the order passed in Writ-C No.5817 of 2022; M/s Benara Udyog Ltd. Vs. State of U.P. and 3 others.

(Dinesh Pathak, J.) (Manoj Kumar Gupta, J.)

Order Date :- 17.5.2022/Pkb