IN THE HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR :PRESENT: HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 816 OF 2024

Between:

M/s Bhavya Cements Private Limited, Having its registered office at Tangeda Village, Dachepally Mandal, Guntur District Andhra Pradesh Represented by its authorized Signatory Mr. Nadimpalli Venkata Raju

AND

Petitioner

• 1. State of Andhra Pradesh, Energy Department, Secretariat, Velagapudi, Amaravati, Guntur District -522503, Rep. by its Principal Secretary.
• 2. Central Power Distribution Company of Andhra Pradesh Ltd., Represented by its Managing Director Corporate Office, Beside Polytechnic College, ITI Road, Vijayawada
• 3. The Senior Accounts Officer, Operation Circle, APCPDCL, Guntur.

Respondents

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus -

(A) Declaring that the amendment to section 3(1) of the Andhra Pradesh Electricity Duty Act, 1939, as amended by section 3 of the of the Andhra Pradesh Electricity Duty (Amendment) Act, 2020, is unconstitutional by reason of excessive delegation and/or abdication by the Andhra Pradesh State Legislature of its essential legislative flinction and to strike down the same and

(B) Declaring that the impugned notification in G.O.Ms.No.7, Energy (Power-III) Department dated 08.04.2022 levying electricity duty at Re 1/- per unit on the energy sales to industrial and commercial consumers alone is vitiated by colourable exercise of power, gross overreach and interference with the statutory policy notifications of the Central Government and the exclusive statutory power and function of the State Electricity Regulatory Commission under a law enacted by Parliament, illegality, arbitrariness, irrationality, unreasonableness, hostile discrimination and in violation of Articles 14 of the Constitution, and to set aside the said notification and

(C) Declaring that the impugned notification in G.O.Ms.No.22 Energy (Power.III) Department dated 23.10.2023 according permission to the licensees to recover the electricity duty from the consumers is vitiated by lack of power and jurisdiction with respect to the conditions imposed therein and thereby, and to set aside the said notification and/or

(D) Declaring that the aforesaid notifications dated 08.04.2022 and 23.10.2023 are illegal and void for want of any notification to bring the Andhra Pradesh Electricity Duty (Amendment) Act, 2020, into force as required by section $1(2)$ of the said Act

(E) Consequently directing the Respondents to refund the amounts collected towards Electricity Duty in terms of the impugned notification or in alternative adjust the excess electricity duty paid in terms of the impugned GO(s) in the present and subsequent CC Bills against the service connection of the Petitioner Unit.

IA NO: 1 OF 2024

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay the operation of the impugned notification in G.O.Ms.No.7, Energy (Power-III) Department dated 08.04.2022 and/or the impugned notification in G.O.Ms.No.22 Energy (Power.III) Department dated 23.10.2023 and to restrain the $2^nd$ & 3^rd Respondent from recovering any amount towards electricity duty over and above Rs.0.06/- paise per Kwh(unit) in terms of the said impugned notifications and/or taking any coercive steps against the Petitioner, Pending disposal of W.P.No.816 of 2024, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI.CHALLA GUNARANJAN Advocate for the Petitioner, Government Pleader for Energy for Respondent No.1 and Sri.V.R.Reddy Kovvuri, Standing Counsel for Respondent Nos.2 & 3, the Court made the following.

ORDER:

Mr. Challa Gunaranjan, learned counsel, appears for the petitioner.

Notice service is waived by learned Government Pleader for the Energy Department for the 1^st respondent.

Mr. V.R. Reddy Kovvuri, learned Standing Counsel, waives notice for the respondents 2 & 3.

Response be filed.

List on 06.02.2024 along with WP.No.29987 of 2023 & batch.

In the meantime, order dated 21.11.2023 passed in batch of petitions bearing W.P.No.29987 of 2023 & others shall apply on similar terms in the present case as well.

SD/-N.NAGAMMA ASSISTANT REGISTRAR For ASSISTANT REGISTRAR

//TRUE COPY//

To,

• 1. The Principal Secretary, Energy Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District – 522503.
• 2. The Managing Director, Central Power Distribution Company of Andhra Pradesh Ltd., Corporate Office, Beside Polytechnic College, ITI Road,
• 3. The Senior Accounts Officer, Operation Circle, APCPDCL, Guntur. (1 to 3 by
• 4. One CC to SRI. CHALLA GUNARANJAN Advocate [OPUC]
• 5. Two CCs to GP FOR ENERGY, High Court of Andhra Pradesh. [OUT]
• 6. One CC to Sri.V.R.Reddy Kovvuri, Standing Counsel (OPUC)
• 7. The Section Officer, Writ Posting, High Court of A.P. 8. One spare copy

SRL

HIGH COURT

HC,J & RRR,J

DATED:11/01/2024

NOTE: LIST ON 06.02.2024 ALONG WITH W.P.No.29987 OF 2023 & BATCH

ORDER

WP.No.816 of 2024

DIRECTION