M/S. Venkata Naga Lakshmi Paper ... vs The State Of Andhra Pradesh
2023 Latest Caselaw 4469 AP

HIGH COURT OF ANDHRA PRADESH MAIN CASE: W.P. No. 8026 of 2023

PROCEEDING SHEET

SL. DATE ORDER OFFICE NO. NOTE

02. 22.09.2023 RNT, J

Separate 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 Petition is dismissed to that effect.

ii) The demand notices by licensees to the

petitioner in excess of @ 6 paise kWh, to

the extent of excess, cannot be enforced.

iii) It is clarified that the petitioner shall have

to pay duty @6 paise kWh, subject to any

other previous sanction of State

Government under Section 7 of APED Act

for the rate of duty in excess of 6 paisa

kWh.

iv) The petitioner / consumer is granted

SL. DATE ORDER OFFICE NO. NOTE liberty to file application before the

respective licensees for refund or

adjustment of the excess amount of the

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

kWh, upon which, the respective licensees

shall proceed accordingly.

v) The writ petition is allowed in part in the

aforesaid terms.

3. No order as to costs.

_________ RNT, J Dsr