M/S. Jindal Stainless Hisar ... vs The State Of Andhra Pradesh
2023 Latest Caselaw 4306 AP

HIGH COURT OF ANDHRA PRADESH MAIN CASE: W.P. Nos.16619, 21616, 25165, 26807, 28108, 29614, 30036, 30742, 30801, 32559, 32605, 32609, 33988, 36442, 36883, 37271, 37272, 37273, 37274, 37275, 38328, 40830 and 42301 of 2022 & W.P.Nos. 506, 1543, 1546, 1572, 1658, 1665, 1666, 2165, 2334, 2601, 2610, 2922, 2935, 3009, 3067, 3315, 3557, 4124, 5617, 5800, 7163 & 7246 of 2023

PROCEEDING SHEET

SL. DATE ORDER OFFICE NO. NOTE

14. 15.09.2023 RNT, J

Separate common judgment is passed, with the following reliefs:

2. In the result,

i) the challenge to the impugned

G.O.Ms.No.7, Energy (Power-III)

Department, dated 08.04.2022, fails. The

Writ Petitions are dismissed to that effect.

ii) The demand notices by licensees to the

petitioners in excess of @ 6 paise kWh, to

the extent of excess, cannot be enforced.

iii) It is clarified that the petitioners shall have

to pay duty @6 paise kWh, subject to any

other previous sanction of State

Government under Section 7 of APED Act

SL. DATE ORDER OFFICE NO. NOTE for the rate of duty in excess of 6 paisa

kWh.

iv) The petitioners / consumers are granted

liberty to file applications before their

respective licensees for refund or

adjustment of the excess amount of the

duty, if paid by them, in excess of 6 paisa

kWh, upon which, the respective licensees

shall proceed accordingly.

v) All the writ petitions are allowed in part in

the aforesaid terms.

3. No order as to costs.

_________ RNT, J Dsr