M/S Ess Aar Universal Pvt. Ltd. ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 5461 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- WRIT - C No. - 1301 of 2023
 
Petitioner :- M/S Ess Aar Universal Pvt. Ltd. Gautam Buddh Nagar Thru. Its Director Sudhir Rustagi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Energy. U.P. Civil Sectt. Lko. And Others
 
Counsel for Petitioner :- Asit Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Manish Kumar,J.

(1) Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-Respondents.

(2) This petition has been filed by the petitioner for the following main prayer:-

"Issue a writ, order or direction in the nature of Certiorari quashing the last three lines of impugned order contained as Annexure No.2 i.e. "refund of electricity duty amount onwards 21.01.2020 in installments' upto that extent only."

(3) 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.

(4) 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%.

(5) 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.

(6) 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 :- 17.2.2023

N.PAL