M/S Rajendra Engineering Udyog ... vs State Of U.P. And Another
2023 Latest Caselaw 5465 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 5641 of 2023
 

 
Petitioner :- M/S Rajendra Engineering Udyog Pvt. Ltd. And Another
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Mayank Kumar Agrawal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Syed Qamar Hasan Rizvi,J.

Submission is that electricity duty which is liable to be returned to the petitioner forthwith, is being returned in installments in pursuance of the order impugned dated 27.1.2022, by adjusting the same against the component of electricity duty from the current bills. It is urged that the same is in the teeth of the judgment of this Court dated 7.8.2019 in Misc. Bench No. 5055 of 2019 (M/s Bansal Wire Industries Ltd. Unit No. 2 vs. State of U.P. and others), affirmed by the Apex Court in Special Leave to Appeal Nos. 29175-29178 of 2019, by order dated 7.1.2020.

Learned Standing Counsel very fairly states that the instant matter is concluded by the order dated 6.5.2022, passed 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."

Accordingly, the instant writ petition also stands disposed of in same terms.

(Syed Qamar Hasan Rizvi, J.) (Manoj Kumar Gupta, J.)

Order Date :- 17.2.2023

Jaideep/-