Andhra Pradesh High Court - Amravati
M/S Sri Venkatadri Granites vs The State Of Andhra Pradesh on 8 May, 2025
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
[3446 I
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY ,THE EIGHTH DAY OF MAY
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR
AND
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
WRIT PETITION NO: 12218 of 2025 along with WP.Mos.12471,12486,
12774 & 12790 of 2025
WRIT PETITION NO: 12218 OF 2025
Betwee n :
1. M/S SrI-Venkatadri Granites, Having its Unit at 520-1B, Rajupa[em
Donka, Martur(V and M), Prakasam District, Andhra Pradesh
Represented by its Managing Partner Mr. Mannam Venkataramaiah
With Service Connection No. ONG2279
2. M/s Kamakshj GranI-teS, Having its Unit at 520-1B, Rajupalem Donka,
Martur(V and M), Prakasam District, Andhra Pradesh Represented by
its Authorised SI-gnatOry Mr. Adapa Srinivasa Rao With Service
Connection No. ONG2-337.
Petitioner
AND
1. The State ofAndhra Pradesh, Energy Department, Secretariat,
Velagapudi, Amaravathi, Guntur District, Rep. by its Principal Secretary.
I.
2. Central Power DistributI-On Company ofA.P Ltd, . Represented by its
Managing DI-rector Corporate office, Besl'de polytechnic college, ITI
Road, VI'J-ayaW;da,
3. The Senior Accounts officer, APCPDCL OperatI-On CI-role, Ongole.
Respondents
WHEREAS the Petitioner above named through their Advocate sri CKR ASSOCIATES presented this petition under Article 226 of the constitution of India praying that in the circumstances stated in the affI'daVit fI'led therewith, the High Court may be pleased to issue an appropriate wrI't, 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 the Andhra Pradesh EIectricI'ty Duty (Amendment) Act, 2020, Andhra Pradesh EIectricity Duty (Amendment) Act, 2024 and Andhra pradesh Electricity Duty (Second Amendment) Act, 2020 is unconstjtu{ional by reason of excessl-ve delegatl'on and/or abdjcatjon by the Andhra Pradesh state Legislature of its essential Ieg['slative function and to strike down the same and
(b) Declaring the section 7(1) of the Andhra pradesh Electricity Duty Act, 1939, as amended by the Andhra Pradesh ElectrI'City Duty (Second Amendment) Act, 2024 is unconstI-tutiOnal and to strike down the same,
(c) Declaring that the Andhra Pradesh EIectricity Duty (Amendment) Act, 2024 (Act No. 10 of 2024), as null and void, and /or
(d) Declarl'ng that the Andhra Pradesh Electricl-ty Duty (Second Amendment) Act, 2024 (Act No. 23 of 2024) as null and void and /or
(e) Declarl'ng that the impugned notI-fI-CatiOn in G.O.Ms.No.7, Energy (power-Ill) Department dated o8.04.2022 IevyI-ng electricity duty at Re 1/-per 3 unit on the energy sales to industrI-al and commercial consumers-alone I-S vI-tI-ated by colourable exercise of power, gross overreach and l'nterference with the statutory poll'cy notI'fiCatiOnS Of the Central Government and the exclusI|Ve statutory power and functlon of the state EIectricI'ty Regulatory commISSiOn under a law enacted by parll'ament iIIegaII'ty, arbI'trariness, irrationality unreasonableness, hostile dl-scrimI'natjon and I'n VI-OIation of Artl'cles 14 of the constitutl-on, and to set asl-de the saI|d nOtI'fiCatjOn and
(i) DecrarI|ng that the I'mPugned notI'fICatjOn ln G.O. Ms. No. 22 Energy (power. "D Department dated 23.10.2023 according permjssjon to the lICenSees to recover the electricity duty from the consumers IS VItlated by lack of power and jurisdiction wI'th respect to the condl'tions imposed thereI-n and thereby and to set aside the said not,-ficatjon and/or
(g) Declaring that the aforesaid notl-ficatjons dated o8.04.2022 and 23.1O.2023 are illegal and VOI-d for Want of any notificatI-On to brI'ng the Andhra pradesh EIectrICl'ty Duty (Amendment) Act, 2020, Into force as requI'red by section 1 (2) of the sal-d Act
(h) consequently, directing the Respondents to refund the amounts collected towards Ejectrjcjty Duty I-n terms of the impugned notI'fiCatl'OnS and l'mpugned Act(s) or ln alternatlve adjust the excess electrICIty duty pald ln terms of the impugned GO(s) and impugned Act(s) I-n the present and subsequent cc BI-"S against the service connection of the petitioner unI-I. AND WHEREAS the High court upon perusl'ng the petI'tI-On and affl-davit filed herel'n and upon hearing the arguments of sri CKR ASSOCIATES Advocate for the petitioner, directed ISSue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be adml'tted.
You vl-z.-
1. The prI-nCI-Pal Secretary, The state of Andhra pradesh, Energy Department, secretarI-at, Velagapudi, Amaravat]~, Guntur Djstrjct.
2. The ManagI'ng Director, central power DistrI'butjon Company of A.P Ltd, Represented by its Managing Director corporate off,Ice, BesI-de polytechnic college, Ill Road, Vijayawada.
3. The senI'OrAccoun{s officer, APCPDCL Opera{l-on cl'rcle, ongole.
are be and hereby directed to show cause eI'ther appearing in person or through an Advocate, as to why jn the circumstances set out in the pet,-tjon and the affidavit fI|led-therewjth(copy enclosed ) thI'S WRIT PETITION should Ill+-1 L _ _ I not be adml'{ted on or before 24.07.2025 or to whI-Ch date the case stands POSted for hearing, petition under sectI'On 151 CPC praying that Ion the cl-rcumstances stated in the affidavit filed I-n Support Of the petl'tion, the High Court may be pleased to stay the operation of the impugned notifI'Catl-On Ion G.O.Ms.No.7, Energy (power-"D Department dated o8.04.2022 and/or the l'mpugned notI'fiCatI'On in G.O. Ms. No, 22 Energy (power."D Department dated 23.10 2023 and to restraI'n the 2nd & 3rd Respondents from recoverlng any amount towards electricity duty in terms of the said impugned notifications and/or taking any coarcI'Ve steps agaI-nSt the petl'tI-Oner, pending disposal of wp No. 12218 of2025, on the file of the HI'gh Court.
IA NO-.
petition under section 151 CPC praying that I'n the circumstances stated l'n the affI|daVit fl'Ied in support of the petitI'On, the High court may be pleased to suspend the operatI-On Of the Andhra prade§h ElectrjcI-ty Duty 5
-¢ (second Amendment) Act, 2024, beJ'ng Act No. 23 of 2024, pending dI-SPOSar of wp No. 12218 of2025, on the file of the High Court.
WFt[T Between :
]NTRON LIFE SCIENCES (PVT) LTD, PIot No 368 and 375, jn S No.288,290, APIIC BP SEZ Growth centre, Annangl vIIIage,Maddipadu Mandal, prakasam DistrI'Ct, Andra pradesh.522004 Represented by its GENERAL MANAGER, Mr. Phanindra Man'setty, with servl-ce connectl-on No.ONG/628.
PetjtI[Oner/s AND
1. The state of Andhra pradesh, Energy Department, secretariat, Velagapudi, Amaravathi, Guntur DI-Str,|Ct, Represented by I-tS Principal S ecreta ry.
2. Andhra pradesh central Power Djstrlbutl-on corporatI-On, Represented by I'tSChairman and Managing D,-rector, corporate offI-Ce, Beside Govt.
polytechnl|c, ITI Road, vI-jayawada,KrI-Shna Distrl-ct.
3 The senl'or Accounts offlcer, APCPDCL OperatIOn Clrcle, ongole, Prakasam District Respondent/s WHEREAS the petitioner above named through {hel'r Advocate srj v v s HARI NARAYANA presented this petjtl'on under Article 226 of the constitution of India prayI-ng that ,|n the cl'rcumstances stated jn the affI-daVl't filed therewlth, the HIgh Court may be pleased to Issue an approprlate wrlt, order or d,'rectI-On, more partI-Cularly one l'n the nature of wrlt Of Mandamus -
6a) Declaring that the amendment to sectI-On 3W of the Andhra pradesh ElectrI'Clty Duty Act, 1939, as amended by sectl'on 3 of the of the Andhra pradesh EIectrl'c,'ty Duty (Amendment) Act, 2020, I'S unconstI'tut,'onal by reason of excessI'Ve delegatI'On and/or abdI'Cation by the Andhra pradesh state LegISIature of its essentI|aI Iegl-slatI|Ve funct,'onand to strI'ke down the same and
b) Declaring that the impugned notl-flcatI'On I-n G.O.Ms.No.7, Energy (power-Ill) Department dated o8.04.2022 levyI'ng electricI-ty duty a{ Re " per unit on the energy sales {o industrI-al and commercial consumers alone l's vitI'ated by colourable exerc,'se of power, gross overreach and I-nterference wlth the statutory polICy notiflcatI-OnS Of the Central Government and the exclusI'Ve statutory power and functI-On Of the State EIectricjty Regulatory commI-SSiOn under a law enacted by parliament, IIlegaIIty, arbltrarlneSS, jrrat,-onaljty unreasonableness, hostI-le dI'SCrI'ml-nation and I'n VjOlatI-On Of Articles 14 of the constf-tutI'On, and to set aside the sat-d no{l]f,-ca{f[on and
c) Declaring that the Impugned notl'fICatIOn ln G.O Ms No 22 Energy (power."D Department dated 23.10.2023 accordI'ng perm,'ssIOn to the II'Censees to recover the electrICI'ty duty from the consumers IS Vltlated by lack of power and JurlSdiCtI'On wlth respect to the cond,-tI'OnS imposed therel'n and thereby, and to set asl-de the sal-d notification and/or
(d) Declaring that the aforesald notlfiCatI'OnS dated 08.04 2022 and 2310 2023 I'llegal and vold for want of any not,ficatIOn to brlng the Andhra pradesh Electrlcl'ty Duty (Amendment) Act, 2020,by the dates of aforesald notlflcatl'ons, I-nto force as required by section 1 (2) of the saI-d Act
(e) the demand of electrICIty duty by the 2nd respondent-central Power DI'Strlbut,on Corporatlon of Andhra pradesh Llmlted (m short APCPDCL) who ls the llcensee, as deflned under sectl~on 3 of the Andhra pradesh Electrlcl[y Duty Act,1939, I'n Short (APED Act,1939)m Its monthly cLlrrent consumptlon bl'lls, wI'th no prevI'OuS SanctIOn Of the Slate Government under section 7 (1 ) of 7 the APED Act,1939, permI'tting the licensees to recover the e[ectricl'ty duty, by the dates of aforesaid notI'fiCatjOnS, either wholly or partly from the petI-tI-Oners l's I'llegal and voI'd and.
(f)consequently, directing the Respondents to refund the amounts collected towards ElectrI'City Duty l'n terms of the impugned notI'fI-CatiOn Or in alternative adjust the excess electricity duty pald I-n terms of the Impugned GO(s) I-n the present and subsequent cc BI'IIs agal'nst the servI'Ce connection of the Petjtj6ner unit.
AND WHEREAS the High court upon perusI-ng the petition and affidavit flled here,n and upon hearmg the arguments of sri v v s HARI NARAYANA Advocate for the petl-tioner, directed issue of notice to the Respondents hereI-n to show cause as to why thI-S WRIT PET'T'ON should not be admitted.
You viz.I 1 The pr,ncIPal Secretary, The state of Andhra pradesh, Energy ` Department, secretariat, velagapudI-, AmaravatI-, Guntur Dl'strl'ct.
2. The chal-rman and ManagI-ng Director, Andhra pradesh central Power Dl'strI'but,Ion Corporal,Ion, corporate office, Besl-de Govt. polytechnic, lTI Road, vijayawada, KrI'Shna DI-Strict.
3 The senlor Accounts offlcer, APCPDCL Operation Circle, ongole, Prakasam DjstrI'Ct.
are be and hereby d,'rected to show cause either appearing jn person or through an Advocate, as to why ln the clrcumstances set out m the petltIOn and the affldavI-I filed therewith(copy enclosed ) thI'S WRIT PETmoN should nn+ be not h^ admitted ,-J|-:I.1_ _I on or before 24.07.2025 or to whl-ch date the case stands POSted for hearing.
IA NO.. 1 8pe{f'tjon under sectI-On 151 CPC prayl-ng that I'n the ClrCumstances stated l'n the affI'daVit flled lan Support of the petI'tiOn, the HI|gh Court may be pleased to stay the operation of the I-mpugned notjf,'cation l'n G.O.Ms.No.7] Energy (power-Ill) Department dated o8.04.2022 and/or _____..I uul..u uu.uq.fuzz and/or the impugned notl'fication in G.O. Ms. No 22 Energy (power Ill) Department dated nts from recoverI'ng any23.10.2023 and to restrain the 2nd& 3rd Respondents from recoverl'ng any amount towards electrjcI-ty duty I'n terms of the sal'd I'mPugned notI-fiCations and/or taklng any coercI'Ve steps against the members of the petitI-Oner, pendI-ng dI'SPOSal of WP No. 12471 of 2025, on the fIIe of the HI'gh Court. J' WRIT Between.I M/s. venkateswara stone crushers, represented by lots ProprletOr lsanI venkata RamI Reddy, s/o veera Reddy, aged 57 years, R/o. 1-232-5a, Near power statl'on, Banaganapalle, KurnooI DIStrl'Ct, Andhra pradesh. consumer No KNL437 PetI-tiOner/s AND 1 The state ofAndhra pradesh, Represented by its prjncjpaI Secretary Energy Department secretariat BulldI-ngs at VelagapudI, Guntur DI|Strict, Andhra pradesh.
2 The Andhra pradesh southern power Distrlbution company LImjted, Represented by Its chalrman and Managlng DIreCtOr, Corporate office, Beside Government polytechnl-c, lTI Road, vl-jayawada, NTR DI'Strl-Ct Andhra pradesh.
3 The senlorAccount offlcer, , operatlon clrcle, APSPDCL, Kurnool, Kurnool District, Andhra pradesh.
9Respondent/s WHEREAS the pe{itjoner above named through their Advocate sri v SAI KUMAR presented this petition under Article 226 of the constitution of India prayI'ng that in the cI'rCumstances stated in the affI-daVI't filed therewith, the HI-gh Court may be pleased may be pleased to issue an appropriate wrI-I, order or dl'rectI'On more particularly one I'n the nature of Writ of Mandamus DeclarI'ng that the amendment to section 3(1) of the Andhra pradesh EIectrjcjty Duty Act,1939, as amended by section 3 of the of the Andhra pradesh Electrl'cI|ty Duty (Amendment) Act, 2020, is unconstl-tut,-onal by reason of excessive delegatI-On and/or abdI-Call-On by the Andhra pradesh state Legislature of I-tS essential legI'Sla{l've function and to strI'ke down the same and DeclarI|ng that the impugned notI'fiCatl'On I-n G.O.Ms. No.7, E,nergy (power-Ill) Department dated o8.04.2022 levying electricI-ty duty at Rs. 1/- per unI-I On the energy sales to I'ndustrI-al and commercI-al consumers alone is vitiated by
-I colorable exercise of power, gross overreach and I|nterference wl'th the statutory poII'Cy notifl'catl-ons of the central Government and the exclusI-Ve Statutory power and function of the state Elec{rI]CI-[y Regulatory comml-SSI-On under a law enacted by parll'ament, l'llegality, ArbI-trarI-ness. Irratl-onality, unreasonableness. Hostlle d,-scrimjnation and in vI'OlatjOn of ArtI-Cle 14 of the constitution and to set aside the said notI'fiCation and Declar]-ng that the impugned notI'fiCa{I.On I-n G.O.Ms. No. 22 Energy (power-Ill)I Department dated 23.10.2023 accordlng permISSI'On to the licensees to recover the elec{rICi{y duty from the consumers js v!'tjated by lack of power and jurjsdjctjon wlth 10 respect to the condI-tl'OnS I-mPOSed thereI'n and thereby, and to set aside the sal'd notification and/or Declaring that the aforesaI[d no{l'fications, dated o8.04.2022 and 23.10.2023 are j'Iegal and void for want of any notI-fiCation to bring the Andhra pradesh Electrl'cI|ty Duty (Amendment) Act. 2020. into force as required by sectJ-On 1 (2) of the said Act and consequently direct the respondents to refund the excess amounts collected towards electricI-ty duty or I-n alternatI'Ve to adjust the excess electrI-CI'ty duty pal-d in terms of the l'mpugned GOs and notI'fiCatI'OnS for the subsequent bills agal'ns{ the service connectI'On Of the petl-tioner's consumer servI'Ce No. KNL437.
AND WHEREAS the High court upon perusing the petI-tI'On and affidavit fI|led herein and upon hearI-ng the arguments of srj v SAI KUMAR Advocate for the petI'tI|Oner, dI'reCted issue of notice to the Respondents hereI-n tO Show cause as to why this WRIT PETITION should not be admI'tted.
You vI-Z.-
1. The prI'nCl'Pal Secretary, The state of Andhra pradesh, Energy Department, secretariat, velagapudi, Amaravati, Guntur DI'StriCt.
2. The chaI'rman and Managl-ng Director, Andhra pradesh southern power Distrl'but,Ion company LimI-ted, Corporate office, Beside Government polytechnI-C, m Road, vijayawada, NTR Dl'strl'ct Andhra Pradesh.
3. The senI'Or Account officer, operatIOn Circle, APSPDCL, KurnooI, Kurnool District, Andhra pradesh.
are be and hereby directed to show cause either appearI'ng in person or through an Advocate, as to why ln the cl-rcumstances set out in the petl'tjon and the affldavjt fl|Ied therewI-th(copy enclosed ) thl|s WRIT PETITION should ll not be admI-tted on or before 24.07.2025 or to which date the case stands POSted for hearl-ng.
hH unEI L HfimEE petition umder section 151 CPC prayI-ng that in the cI-rCumstances stated in the affidavlt flled l|n support of the petitl'on, the Hl-gh court may be pleased to stay the operation of the Impugned notlfICatlOn ln G.O.Ms No 7, Energy (power-"D Department dated o8.04.2022 and the I|mPugned notl'fl'catI'On l'n G.O Ms No. 22 Energy (power"D Department dated 23.10.2023 and to restraln the respondents from recoverI'ng any amount towards electrjcI|ty duty l'n terms of the sald I'mPugned notl-fICatI-OnS and/or taklng any coercI-Ve steps agal'nst the serv[ce connectIOn Of the petitI'Oner's consumer servICe No KNL437, pendlng dI'SPOSal of WP No 12486 of2025, on the file of the High court.
WRIT Between :
1. SHRl INDUSTRIES, 2-282, Near TadlpudI Canal, ButtayI'gudem, DwarakatI-rumala Mandal, BhI'madole, West GodavarI, Andhra pradesh, 534425. Represented by I'tS ProprletOr, Sn Baslreddy SrlnI'VaSa Reddy wl|th servl-ce connectl-on No.1514220125000371. 2 HarI'ka Pulp packages, sy NO 521, Chalamakonda Road,Nadendla, Guntur District, Andhra pradesh Represented by Its proprl'etor, smt M.Sujatha Lakshmi. wI-th ServI'Ce Connection No. 9121551002903 3 Sai vljeyatha Enterprlses, Rs No185/3, Govt Hospl'tal Road, vissannapeta, NTR Dlstrlct, A P Represented by ,ts proprletOr, Srl 6R6a3m3a3kOr:Sohon6a399 Mandalapu wlth servlce connectlon No, 12
4. Samhjtha packages, polavaram, Jangareddygudem west Godavarj D,'strl'ct, Andhra pradesh. Represented by l'ts proprl|etor, cH.Venkata satyanarayana, wI-th ServI-Ce ConnectI-On No.1557721304001104.
5. LakshmI'Sree Egg Tray Manufacturers, 1-9-31, Yernagudem Road, Nidadavole Mandal west Godavarl- DistrI'Ct, Andhra pradesh.
Represented by its Managing partner, Mohana Raju Andra. wI-th service connectl|on No.1524642145000032.
6. Sri Lalitha packages, Rs.No.132, ChI'kkalapunta Road, I pangadi, west Godavari, Andhra pradesh. Represented by I-tS ManagI-ng Partner, smt T.Lalitha KumarI-. Wl|th ServI-Ce Connect,|on No.1523741232002368.
7. Sri TTS Rayudu lndustrI-eS, RS. 112/2,113/2, KaI-karam, Unguturu Mandal, west GodavarI' Djs{rict7 Andhra pradesh. Represented by its NP:o::I4e;O8r2161S9::266: VIJayalakshmI WIth ServICe Connec{IOn
8. Srl' MI'hika rayudu Industries, RS.112/2,113/2, Kajkaram, unguturu MandaI, West Godavari DI-StrI'Ct, Anc!hra pradesh] Represented by I.ts proprietor, R.SrI-niVaSa Rao. wI'th Service connection No. 1542821619002544.
9. Bhagyalakshmj lndustrI-eS, R.S.No.447/32, Gokavaram sI'Varu, Thjmmayyapalem, west GodavarI', Andhra pradesh. Represented by I-ts proprI-etOr, Bhagya Lakshmi KorI-PallI-. Wl-th servI-Ce Connectl'on No.1542821619002727.
10. srl| sal' Jyothirmayj Egg Trays, 6-125, Dowla,'waram, Annadevarapeta, west Godavar,I Dl'strjct, Andhra pradesh. Represented by I'tS Proprietor, smt M.PadmavathI-I With servI-Ce ConnectI'On No.1523751376002982.
ll. sl'va sai Industries,1-12-1, Nuzvl-d Road,vjssannapeta Krishna D,'strict, Andhra pradesh. Represented by I-tS Managl'ng partner, D. urmjla. WI-th Service connec{l-on No. 6633300008867 13
12. sri Rama EnterprI-SeS,195/2,Kotturu,Mundlapadu, Jaggallahpeta, Krl-shna District, Andhra pradesh. Represented by I-tS PfoprI-etOr, P. Rama. with servI-Ce ConnectI-On No. 6333107001159
13. R.Srinl-vasa Rao, c/o.TTS Rayudu poultries, RS. No. 112/1,113/1,113/2-KaI'karam Represented by its owner, R. Srinl-vasa Rao. wI-th Servl-ce connection No.1542821619002564.
14. ThammjsettI' Hanumantha Rao, c/o. Lakshmj srinjvasa Egg _ ___---_`- I_:J:±
-I -_ RS packages, -I- INo.
I 222/1 A, Gopalapuram, west Godavarj, Andhra pradesh. Represented by its owner, T.Hanumantha Rao. with service ConnectI|On No.1521671260003077
15. Gunnam Durga Raja RavI- Teja, c/o. sri srinivasa pulp and
- _-'J_ +-I |\J packages, Bandapuram, DevarapaIIl-, West Godavari, Andhra pradesh. Represented by its owner, T.Hanumantha Rao. wI-th Service Connection No.1521701176000276.
16. NandI-gam Pavan Kumar, c/o. srl-sai Ram lndu,stries, Rs No.785- 3A, Kamavarapukota, west Godavarj, Andhra pradesh. Represented by its owner, N.Pavan Kumar. with service connect,-on No. 1553153109002556.
17. Gonl-madatala Rajesh, c/o. srj shI'Va Rama Enterprises, Rs _ ___'r' '`,++\+) I \C I IA -
No.23" sanjeevapuram, Gopalapuram, west GodavarI-, Andhra pradesh. Represented by its owner, G. Rajesh. with service Connectllon No.1553153109OO2556.
PetitI-On ers AND
1. State ofAndhra pradesh, Energy Department, secretariat, velagapudl', Amaravathi, Guntur Dl-str,'ct, Rep. by its principal Secretary 14
2. Eastern power DI'Strf'butI'On Company ofA.P. Ltd., represented by I-tS chaI'rman and Managing Director, 3rd floor. corporate offI-Ce, P and T colony, seethammadhara, vjsakhapatnam.
3. Central Power Distribution company ofAndhra pradesh Ltd., Represented by I'tS ManagI'ng DI'reCtOr, Corporate offI'Ce, Besl'de poly[echnl'c college Ill Road, vjjayawada
4. The senior Accounts officer, APEPDCL Operation circle, RaJ'ahm undry.
5. The senl'or Accounts officer, APEPDCL Operation circle, Eluru.
6. The senior Accounts officer, APCPDCL Operation circle, vjjayawada.
Respondents WHEREAS the peti{joner above named through their Advocate sri K.P.S. SAILESH REDDY presented this petitI'On under Article 226 of the constjtutl'on of India praying that in the cI-rCumstances stated I-n the affidavit fIIed therewI'th, the HIgh Court may be pleased to issue an appropriate wrlt, order or directl'on, more particularly one l'n the nature of wrl'{ of Mandamus -
(a) Declarl'ng that the amendment to section 3(1 ) of the Andhra pradesh EIectrICIty Duty Act,1939, as amended by the Andhra pradesh EIectrICity Duty (Amendment) Act, 2020, Andhra pradesh EIectrjc,ty Duty (Amendment) Act, 2024 and Andhra pradesh EIectrl-city Duty (second Amendment) Act, 2020 is unconstI'tut,'onal by reason of excessive delegatI'On and/or abdl'catjon by the Andhra pradesh state Legislature of ,Its essential legI-SIatjve function and to strI'ke down the same. and
(b) DeclarI-ng the sectIOn 7(1) of the Andhra pradesh Electricity Duty Act, 1939, as amended by the Andhra pradesh Electricity Duty (second Amendment) Act, 2024 I'S unconstl'tut,'onal and to strike down the same, 15
(c) Declaring that the Andhra pradesh Electrjcjty Duty (Amendment) Act, 2024 (Act No.10 of 2024), as null and vol-d, and /or
(a) Declaring that the Andhra pradesh EIectrI'CI-ty Duty (second Amendment) Act, 2024 (Act No. 23 of 2024) as nu" and vol'd and /or
(e) Declaring that the impugned notI'fICatI-On I'n G.O.Ms.No.7, Energy (power-"D Department dated o8 04 2022 Ievylng electrICity duty at Re 1/- per unit on the energy sales to I'ndustrI'al and commercl'al consumers alone is vI'{,'ated by colourable exercISe of power, gross overreach and Interference wI'th the statutory policy notifl-catjons of the central Government and the exc[usI'Ve statutory power and functI'On of the State Electrl'clty Regulatory commissI'On under a law enacted by parliament, I'IlegaIIty, arbI'trarlness l'rratI'OnaIIty, unreasonableness, hostile dlscrlmlnatIOn and I'n VIOIatIOn of Articles 14 of the constl-tution, and to set aside the said notI'fiCation.
(f) DeclarI'ng that the Impugned notifICatlon ln G.O. Ms No 22 Energy (powerlll) Department dated 23102023 accordlng permISSIOn to the lI'Censees to recover the electrIClty duty from the consumers IS Vltlated by lack of power and jurlsdlctIOn W,th respect to the condi{lons Imposed thereln and thereby to set asl'de the saI-d notifl-catI]On.and/or
(g)thereby, Declarl'ng that the aforesaid notjfl'catI-OnS dated 08.04.2022 and 2310 2023 are Illegal and void for want of any notI'fiCatl'on to brlng the Andhra pradesh EIectrlclty Duty (Amendment) Act, 2020, ,nto force as required by sectl'on 1 (2) of the saI-d Act.
(h) consequently, directing the Respondents to refund the amounts collected towards EIectrlcfty Duty ln terms of the Impugned notlfICatIOnS and Impugned Act(s) or m alternat,vet adjust the excess electrlcity duty pald ,n terms of the Impugned GO(s) and Impugned Act(s) ln the present and subsequent cc BI[lS agalnSt the servICe COnnection of the petitioner un,'t.
i 16AND WHEREAS the High court upon perusing the petl-tI-On and affl-davit filed herel-n and upon hearI'ng the arguments of sri K.P.S. SAILESH REDDY Advocate for the petjtjoner, dl'rected issue of notI-Ce tO the Respondents herein to show cause as to why thl-s WRIT PETITl`ON should not be admIItted.
You vI®Z:
1. The prI|nCI-Pal Secretary, The state of Andhra pradesh, Energy Department, secretarI-at, Velagapudi, Amaravatl-, Guntur Distrl|ct.
2. The chal'rman and Managing Director,Eastern power Djstn'butI-On company of A P. Ltd, 3rd floor corporate offlce, p and T Colony, Seethammadhara, vl-sakhapatnam.
3. The Managing Director, central power Dl'strl-butjon company ofAndhra pradesh Ltd., corporate offI-Ce7 Beside polytechnl'c college m Road, Vijayawada
4. The senior Accounts offlcer, APEPDCL OperatI|On Clrcle, Rajahmundry.
5. The senior Accounts offI-Cer, APEPDCL Operation cI-role, EIuru.
6. The Senl'or Accounts officer, APCPDCL OperatI-On Circle, vijayawada.
are be and hereby directed to show cause el'ther appearI-ng in person or through an Advocate, as to why ln the clrCumstances set out ln the petjtI'On and the affI'daVI't filed therewith(copy enclosed ) this WRIT PETITION should n^+ L\_ __I___.ff not be adml'tted on or before 24.07.2025 or to whI-Ch date the case stands POSted for hearing.
pet!|tion thncier sectiom i51 CPC #rayjng that !'n the clrcumstances stated !n the aff!c!av!{ fi!edi !n sLjPPCri Of the pe{!tjon, the High court may be pleased to stay the operatl'on of the impugned notI'fI-Cation Ion 17 a.o.Ms. No.7, Energy (power-l[[) Department dated o8.04.2022 and/or the impugned notifI-CatjOn jn G.O. Ms. No. 22 Energy (power.Ill) Department dated 23.10.2023 and to restral-n the 2nd & 3rd respondents from recovering any amount towards electricity duty in terms of the said impugned notifications and/or taking any coercive steps against the members of the petitioner, pending disposal of wp No. 12774 of 2025, on the fjje of the High Court.
WRIT PETITI ON NO: 12790 OF 2025 Between :
M/s.HastaI[oy India Limited, plot No.Al to A6 and A10 to A15, APllC Industrial park Anakapalle, NH16, KNR Peta, Ko{huru, visakhapatnam -531019 Represented by its Managing Director, Mr.Eashwar Koneru. (vsp 448) Petitioner AND
1. State ofAndhra pradesh, Energy Department, secretariat, velagapudi, Amaravathi Guntur District -522503 Rep. by its principal Secretary.
2. Eastern power Distribut,Ion company ofAndhra pradesh Ltd., P and T colony, Seethammadhara, vISakhapatnam 530020, Rep. by its ManagI'ng DI'reCtOr.
Respondents WHEREAS the petitioner above named through their Advocate srI| SRICHARAN TELAPROLU presented this petjtjon under Article 226 of the constitution of India praying {ha{ ,-n the circumstances stated in the affidavit filed therewjth, the High Court may be pleased to issue an approprI'ate WrI-I, order or dI-reCtiOn, more particularly one jn the nature of writ of Mandamus -
18(a) Declaring that the amendment to sectI-On 3(1 ) of the Andhra pradesh Electric,'ty Duty Act, 1939, as amended by sectI'On 3 of the of the Andhra pradesh ElectrI'Cl'ty Duty (Amendment) Act, 2020(Act No. 10 of 2021), IS unconstI-tutI'Onal by reason of excessive delegation and/or abdI'Cation by the Andhra pradesh state LegI'Slature of its essent,-aI IegI'SIative functI'On and to strike down the same and
(b) Declaring that the Andhra pradesh EIectrI-CI'ty Duty (Amendment) ordI'nance, 2024 (A.P. OrdI'nance No.2 of 2024) promulgated by the Governor on 30-01-2024 and The Andhra pradesh EIectrI-City Duty (Amendment) Act, 2024(Act No.10 of 2024) as nu" and void and/or Alternat,-vely, jn the event of the AP Ordlnance No. 2 of 2024 and the Andhra pradesh ElectrI-Clty Duty (Amendment) Act 2024 being held to be valI-d, declare that the collectl'on of Electricllty Duty from the petitioner at Rs. 0.06 per KWH from 26-08-2021 to o8-04-2022 as Illegal and unconstitutl-onaI
(c) DeclarI'ng that section 3(1) of the Andhra pradesh EIectrl'cI'ty Duty Act,1939, as amended by sectIOn 2 of the of the Andhra pradesh Electnclty Duty (second Amendment) Act, 2024 (Act 23 of 2024), is unconstitutI'Onal and to strike down the same and
(d) Declarl'ng that section 7(1) of the Andhra pradesh EIectrjcity Duty Act,1939, as amended by section 3 of the of the Andhra pradesh EIectrlclty Duty (second Amendment) Act, 2024(Act 23 of 2024) js unconstitutjona' and to strike down the same,
(e) Declaring that the impugned notifl'cation in G.O.Ms.No.7, Energy (power-"o Department dated o8 04 2022 levyl|ng electrlclty duty at Rs " per unit on the energy sales to industrI-al and commercIIal consumers alone includlng the petltlOner IS Vltlated by colourabje exerclse of power, gross overreach and interference with the statutory polI'Cy notI-fI-CatI'OnS Of the Central Government and the exclusI-Ve Statutory power and function of the state 19 Electricity Regulatory commissI'On under a law enacted by par[I'ament, Illegality, arbitrarI[neSS, irrationality, unreasonableness, hostile discrimination and in vI-OIatI'On Of Articles 14 of the const[-{utjon, ultra virus {o section 3 of the Electricity Duty Act, and to set aside the said notification and
(f) Declaring that the impugned notification in G.O. Ms. No. 22 Energy (power.Ill) Department dated 23.10.2023 accordI'ng Perml-SSjOn tO the licensees to recover the electricity duty from the consumers including the petI-tiOner is vitI'ated by lack of power and J|urI-SdiCtiOn With respect to the conditions imposed {hereI-n and thereby, and to set aside the said notI'fI-CatiOn and/or
(g)And consequently direct the Respondents to refund/adJ-uSt, the amount collected from the petl-tjoner towards Electricity Duty over and above Rs.0.06/- pa['se per KWH(unI-t) includ[-ng the EIec{ricl'ty Duty collected @Rs.0.06/-per KWH for the perI-Od 26-d8-2021 to 08-04-2022.
AND WHEREAS the HI-gh Court upon perusI-ng the petition and affidavit filed hereI-n and upon hearing the arguments of sri SRICHARAN TELAPROLU Advocate for the petl-tjoner, directed issue of not[.ce {o the Respondents herein to show cause as to vyhy this WRIT PETITION should not be admitted.
You viz:
1. The PrI'nCiPaI Secretary, The State of Andhra pradesh, Energy Department, secretariat, velagapudl-, Amaravati, Guntur District.
2. The Managing Director Eastem power Distribution company ofAndhra Pradesh Ltd., p and T Colony, seethammadhara, vI-SakhaPatnam 530020.
are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petI-lion and the affldavjt filed therewith(copy enclosed ) thI-S WRIT PETITION should 20 not be admitted on 9r before 24.07.2025 or to which date the case stands /I POSted for hearing.
IANO:1 OF 2025 Petition under sectI-On 151 CPC praying that in the circumstances stated I'n the affidavit filed in support of the petition, the High Court may be pleased ±o stay the operation of the impugned notification in G.O.Ms.No.7, Energy (Power-Ill) Department dated o8.04.2022 and/or the impugned notificatI'On I-n G.O.Ms. No. 22 Energy (power.Ill) Department dated 23.1O.2023 and to restral'n the 2nd Respondents from recovering any amount towards electricity duty over and above Rs.0.06/- paise per KWH(unit) Ion terms of the said impugned notifications and/or taking any coercive steps against the Petl'tioner;, pending disposal of wp No. 12790 of 2025, on the file of the High Court.
The Court made the foIIowI-ng.-ORDER f£Issue notice to the respondents.
List on 24.07.2025.
ln the meantime, order dated 21.ll.2023 passed I'n batch Of petitions bearI-ng W.P.No.29987 of 2023 & others shall apply on similar terms in the present cases as well," sD/_ M.SRINIVAS ASSISTANT REGiST BAR / //TRUE COPY// SECT!O FFICEFa Ford To,
1. The Principal .Secretary, The State of Andhra Pradesh, Energy Department, secretariat, velagapudI-, Amaravati, Guntur District.(by SPECIAL MESSENGER)
2. The Managing Director Central Power Distribution company ofA.P Ltd, Corporate office, Beside Polytechnic College, lTI Road, Vijayawada.
3. The Senior Accounts offl'cer, APCPDCL Operation Circle, Ongole.
4. The Senior Accounts officer, APCPDCL Operation Circle, Ongole, Prakasam District .
215. The Chairman and Managing Director, Andhra Pradesh southern power DistributI-On Company Limited, corporate offI-Ce, Beside Government polytechnic, ITI Road, Vijayawada, NTR DI'StriCt Andhra Pradesh.
6. The Senior Account officer, opera{I-On CI'rCle, APSPDCL, Kurnool, KurnooI District, Andhra pradesh.
7. The Chairman and Managing Director, Eastern power Distribution company of A.P. Ltd., 3rd floor. corporate office, p and T Colony, Seethammadhara, visakhapatnam.
8. The senior Accounts officer, APEPDCL Operation circle, Rajahmundry. .
9. The SenI'Or Accounts officer, APEPDCL Operation Circle, Eluru.
10. The SenI'Or Accounts officer, APCPDCL Operation cl'rcLe, Vijayawada.
ll. The Chairman and ManagI'ng Director, Andhra Pradesh Eastern power D,'stribution corporation Ltd, Corporate office Near Gurudwara p and T colony seetammadhara visakhapatnam -530013. (Nos. 2 to ll by RPAD- along with a copy of petI-lion and affidavit)
12. one cc to sRl. SRICHARAN TELAPROLU Advocate [opuc]
13. one cc to SRI. K.P.S. SAILESH REDDY Advocate [opuc]
14. One CC to SRl. V SAI KUMAR Advocate [opuc]
15. one cc to SRI. V V S HARI NARAYANA Advocate [opuc]
16. one cc to SRI. CKR ASSOCIATES Advocate [OPUC]
17. Two CCs to GP FOR ENERGY ,High Court OfAndhra Pradesh.
[OUT]
18. one cc to SRI. VENKATA RAMA RAO, Standing counsel.[OUT]
19. one cc to sRl. V V SATHISH, Standing counsel. [ouT]
20. Two spare copies.
psk 22 HIGH COURT ``, •I. a:
OEE: i.a: o3|
-:+.
DATED :08/05/2025 LIST ON 24.07.2025 NOTICE BEFORE ADMISSION WRIT PETITION NO: 12218 of 2025 along with WP.Mos.12471,12486, 12774 & 12790 of 2025 DIRECTION