Telangana High Court
Sri Narsimha Oil Mill, Adilabad And Ano. vs Prl. Secy., Energy Dept. And 4 Ors. on 10 June, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.5067 OF 2013
ORDER:
Heard Mr. G. Pramod Kumar, learned counsel for
the petitioners, learned Assistant Government Pleader
for Energy appearing on behalf of respondent No.1,
Mr. P. Prasad, learned Standing Counsel appearing on
behalf of respondent No.2, P. Srinivasa Rao, learned
counsel for the respondent No.3 and Mr.P. Vinod
Kumar, learned counsel for respondent No.4.
2. The petitioner approached the Court seeking
prayer as under:
" ...to issue Writ Order or Direction especially one in the
nature of Writ of Mandamus declaring the action of the
respondents in levying PCL charges without including the
same in Proceedings No.APERC/Sec/18/20, dated 24.11.
2012 and 19.12.2012 in respect of seasonal Industry,
that is Cotton Seed Oil Mills as illegal, arbitrary and
against the tariff for the year 2012-2013 and further
prays to direct the respondents either refund or adjust a
sum of Rs.7,53,100/- and Rs.9,03,386/- in future bills of
the petitioners Industries and pass ...."
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3. The case of the petitioners in brief is that the
APERC directed the petitioners to pay a sum of Rs.7,53,100/-
for the month of December, 2012 (PCL charges) and the same
was paid under protest on 30.1.2013 and that 2nd petitioner
has also paid a sum of Rs.9,03,386/- towards PCL charges
under protest for the month of December, 2013, which is
arbitrary and unsustainable. Hence the writ petition.
4. Counter affidavit has been filed by the respondent
No.4 and the learned counsel appearing on behalf of
respondents relied upon para No.2 of the counter
affidavit which reads as under :
"2. It is submitted that vide proceedings
24.11.2012 of the 3rd Respondent certain seasonal
industries were exempted from the purview of the
Restriction and Control measures issued on
01.11.2012. The exempted industries are Rice Mill,
Cotton Ginning, Pressing Mills and ice Manufacturing
Industries during the period from 24.11.2012 to
24.12.2012.
It is further submitted that the Hon'ble High
Court by their orders dated: 19.11.2012 in W.P. No.
31777 of 2012 directed that the Commission i.e.
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APERC shall take fresh decision regarding
imposition of power exemption on seasonal
industries within a period of one month by giving a
general notice to all seasonal industries of the State
and after hearing them views and of the Discoms.
It is submitted that the 3rd Respondent
Commission have conducted meeting with reference
to the judgment of the Hon'ble High Court on
18.12.2012 and exempted seasonal industries i.e.
Manufacture of Sugars or ICE or Salt decorticating,
Ginning and Pressing, Cotton Seed Oil Mills, Seed
Processing, Food Processing, Tobacco Pressing and
re-drying and for such other Industries or
processing as may be approved by the Commission
from time to time covered by para No. 213.5.1.1 of
the Tariff Order for Financial year 2012-13 and
exempted these industries from R & C Measures
from 24.12.2012 to 31.03.2013 and issued orders
vide proceedings dated 24.12.2012.
It is submitted that the petitioner
industry is also given exemption vide
proceedings dated 24.12.2012 as per the
orders of the Hon'ble APERC".
4. Taking into consideration the averments made at
para No.2 of the counter affidavit filed by the 4th
respondent (referred to and extracted above), in view
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of the fact that petitioners industry has already
been given exemption by the proceedings dated
24.12.2012 as per the orders of the APERC, the writ
petition is disposed of bringing the said averments in
the counter affidavit filed by the 4th respondent on
record. However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending
in the Writ Petition shall also stand closed.
___________________________
MRS. JUSTICE SUREPALLI NANDA
10.06.2024.
Skj
