Andhra Pradesh High Court - Amravati
M/S. Sms Pharmaceuticals Ltd., vs The State Of Andhra Pradesh on 4 November, 2023
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMA (SPECIAL ORIGINAL JURISOICTION) SATURDAY THE FOURTH DAY GE NOVEMBE TWO THOUSAND AND TWENTY THREE _. ° _ (PRESENT: oe THE HONQURABLE SRI JUSTICE NINALA JAYASURYA - WRIT PETITION NO: 27888 OF 2023 Between: . MIS. SMS PHARMACEUTICALS LTO. Having their registered office al. Plot No. 7: H, No. 8-2-3349 and 4, Road No. 8, Opp. SBI Executive Enclave. Banjara Hills, hyderabad - 500 034, Telangana State. Represented by ifs authorized Signatory My. ¥. Nagarjuna Rao, Sic. (Lates Sri VV. Rao, Rio. hyderabad. And having its Unit at " ~ Sy, No. 161, 185-186, Kandivalase Vilage, Pusapatirega Mandal, Vizianagaram Pe Pativioner AND 1. THE STATE OF ANDHRA PRACESH, Energy Deparment, Rep. dy iis Principal Secretary Secretariat' Velagapud!, Amaravathi, Guntur District, Eastern Power Distribution Cornpany of Andhra Pradesh Lig., Rap. by iis Chairman and Managing Director, 3rd Soar, Corporate Office, PandT Colany, Seethammadra, Visakhapainam, 3. The Senior Accounts Officer, Operation Circle, APEPDCL, Vizianagaram, Andhra Pradesh. NS Respondent Patifion under Article 226 of the Constitution of india praying that in the circumstances stated in the affidavit fled therewith, the High Court may be pleased fo issue an appropriate Writ, Grder or direction, more particularly one in the nature of Whit of Mandarnnis {a}Declaring that the impugned notification in G.O.Ms.No.7. Energy (Power-If} Department dated 08.04.2032 levying electricity duty at Re 1/ ser uni on the energy sales to industrial and commercial consumers alone is vitlafed by colcrable exercise of power, gross overreach and interferance with the stalutory policy notificatians of the Central Government and the exclusive statutory power and function of the State Electricity Regulatory Commission under a law enacted by Parliament, iegally, arbitrarinass: rationally, urveasonableness, hastile discrimination and in violation of Articles 14 and Tactig) of the Constitution, and to set aside the said notification, and (b)Deciaring that the consequential action of the end Respondent in levying and collecting electricity duty on the Petitioners in the NT Oils fram the month of Apri, 2022 without previous sanction from the Slate Government under section 7(1} of the Clectricity, Duty Act, 1939 as Hegal, arbitrary and unauthorized, and to sef aside the demands. and {osGansaquenty, directing the Respondents to refund the amounts collected tawards Electricity Duty in ferme of the imipugned notification or in alternative adhust ihe exoues electricity duty paid in terms of the anpugned GO in the present and subsequent CC Bilis agains! the service connection of the Petitioner Unit, (d) And / ar pags such other order or arders as are: deered fit and proper in the circumstances of the case. : iA NO: 1 OF 2023 Petition under Section 184 CPG praying that in the slrcumstances stated iy the affidavit filed in support of the petition, the High Court may be sleased to direct the Respondernia ta refund the arnounts callected lowards Electricity Duly in excess of Rs. 0.06 Faise in terms of the impugned GO or in aliernative adiust the excess slecinianly duly pad In terns of the impugned G0 in the Praesent and subsequent CC Bills against the service connection of the Petitioner Unit, Pend img dispagal of WP 27886 of S023, on the fle of the High Court IA NGS: 2 OF £623 Petition under Section 157 CPC praying that In the circumetan Staieu in the affidavit Aled In support tof the petiion, fhe High : Court may be nie SAIS od to oh ech the 2nd Respondant not to levy 8 and scl any amourt towards eisctrinity duty hb excess af Rs. 0.08 Pa aise im terms 'of fhe "said impudred notication, Pending disposal of WP 27886 of 2023, on the fF 2 of the High Court. yw a The petiiion corning on for hearing, upon perusing the Petiien and the affiavi' Med in support thereef and upon hearing the arguments of Sr PAYAN KUMAR ANNSSATHUNI Aavacate for the Petitioner and of GP FOR ENERGY for ihe Respondent Noi, Sri METTA CHANDRA SEKHAR. Standing Counsel for Respondent Nog. 2 and 3, the Court made the following ORDER
"Heard learned counse! for the patitioner, Also heard learned Government Fleader for Energy and Mr.Metta Chandra Sekhar, learned Standing Counsel for the respandent-Cerporation, _ At the time of considering the matter, learned Standing Counsel brought to the notice of this Court G.O.Ms.No 33, Energy (Power li) Dessrtment, dated 210.2025 issued by the Government of Andhra Pradesh ancording permission to the Licaneses / / DISCOMs {APCPOCL, APSPOCL and APEPDCL) to recover the Electricity Duty at the rate{s} and fram the consumers / class of Sonsumers as noiified In the G.O.Ms.No.?, Energy iFowerlll Gepartment, vated 06.4. 2022.-lo whem energy is sold at a price of more than (2 seisd per unt, subject to certain conditions. Let a counter affidavit be fled slong with the relevant material by the date of next adjournment. / Génsidering the submissions made and the balance of convenience in favour of the petiioner, more particularly in the ght of the orders relied on by. the isarned counsel for the petitinnsr, including tha iferim careunon arder dated 30.70.2023 in W.PLNG 27583 of 2023 and batch, there shall be an interhn direction to the respondents not to take any coercive steps againat the petitioner, inchiding discomection of power supply or insist for payment of slectricity duty mere than Rs.0.08 paise per Ung. Ts, List the matter on 08.11.2024 in Motion List" Se. §. SRINIVASA PRASAD cud 093 Crt Se ASSISTANT REGISTRAR TRUE COPY! For The Principal Secretary, State af Ancihra Pradesh, Secretariat, Velggaoud, Amatava thi. Guntur District, The Chahman and Managi ing Director, Eastern Power Distributior Company of Andhra Pradesh Lid dre floor, Corporates Office, F Pangt Galany, Seatharimadra, Visakhapatnam, The Senior Accounts Officer, Operation Circle, APEPOCL, Vizianagaram, Andhra Pradesh. (Addressess 7 to 3 by RPAD) One CC to SRI. PAVAN KUMAR 4 ANNABATHUNI Advocate POPUCI One GC to SRE METTA CHANDRA SEKNAR, Standing Counsel HOPUCI Two OCs to GP FOR ENERGY .High Court GF Andhra Pradesh, [OUT] One spare oopy, NEIGH COURT NISC DATED Oe 41/2023 ST ON 08.21.2023 IN THE MOTION LIST OROER WP No 27888 of 2023 INTERING DIRECTION