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2025 DAILYLAW 30455 (AP)

BHARGAVI GRANITES v. THE STATE OF AP

WP/22404/2025 · 2025-08-27

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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1 APHC010439832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 22404/2025 Between: 1. BHARGAVI GRANITES, (CONSUMER NO. ONG2826) REP. BY ITS MANAGING PARTNER R.MANMAJA, UPPUMAGULURU, BALLIKURVA, BAPATIA DISTRICT 2. M/S. SRI VINAYAKA GRANITES (CONSUMER NO. ONG2834), REP. BY ITS PROPRIETOR M.AMARA SUDHA VEMAVARAM, BALLIKURAVA MANDAL, BAPATIA DISTRICT 3. M/S. HIMALAYA CHILLING CENTER PVT. LTD.,, (CONSUMER NO. GNT4316) REP. BY ITS DIRECTOR D.SIVA REDDY GANTAVARIPALEM, SAVALYAPURAM MANDAL, PALNADU DISTRICT 4. SRI BOLLA BRAHMA NAIDU ((CONSUMER NO. GNT3983), VINUKONDA, PALNADU DISTRICT 5. M/S. RB GRANITES (SC NO. 5612211001523), REP. BY ITS PROPRIETOR V.SUBBAIAH, MALLEPALLI, GANGADHAR NELLORE, CHITTOOR DISTRICT 6. M/S. COROMANDEL AGRO.EXTRACTS, (CONSUMER NO.CRD4001), REP. BY AUTHORISED PERSON S.SUBBARAO, AMEENABAD, PHIRANGIPURAM, GUNTUR DISTRICT 7. VEERA HANUMAN MINERALS, (CONSUMER NO.GNT4659) REP. BY ITS PROPRIETOR P.ANJANEYULU, UMMADIVARAM, VINUKONDA MANDAL, PALNADU DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, ENERGY 2 DEPARTMENT SECRETARIAT, AMARAVATI, GUNTUR DISTRICT 2. THE ANDHRA PRADESH CENTRAL POWER DISTRIBUTION CORPORATION LIMITED, VIJAYAWADA, NTR DISTRICT REP. BY ITS CHAIRMAN MANAGING DIRECTOR 3 3. SENIOR ACCOUNTS OFFICER, OP, APCPDCL OPERATION CIRCLE, GUNTUR, GUNTUR DISTRICT 4. SENIOR ACCOUNTS OFFICER OP, APSPDCL OPERATION CIRCLE, ONGOLE, PRAKASAM DISTRICT 5. SENIOR ACCOUNTS OFFICER OP, APSPDCL, OPERATION CIRCLE, CHITTOOR, CHITTOOR DISTRIC ...RESPONDENT(S): Counsel for the Petitioner(S): 1. THOTA RAMAKOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR ENERGY The Court made the following: ORAL ORDER: Heard Sri Palanki Kartheek, learned Counsel appearing on behalf of Sri T. Ramakoteswara Rao, learned Counsel for the Writ Petitioners and Sri K. Ashok, learned Counsel representing Sri Venkata Rama Rao Kota, learned Standing Counsel for APSPDCL. 2. The prayer sought in the present Writ Petition is as under: “It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of respondents by levying Rs.1-00 KWh as Electricity Duty against the service connections of the petitioners as arbitrary, illegal, unjust, unfair, unreasonable excessive violative of Fundamental and Constitutional Rights guaranteed under Constitution of India violative of Principles of Natural Justice consequently set aside the levy of Rs.1-00 and direct the respondents to levy only Rs.0.06 ps KWh in respect of service connection of petitioners 3 and pass such other order or orders which are deem fit and proper.” 3. Sri K. Ashok, learned Counsel representing Sri Venkata Rama Rao Kota, learned Standing Counsel for APSPDCL, would submit that the issue raised by the Writ Petitioners is no more res integra inasmuch as the Division Bench of this Hon’ble Court in W.P.No.29672 of 2023 & batch dated 26.06.2025 had set aside G.O.Ms.No.7 dated 08.04.2022 and the ratio of the said Order is in favour of the Writ Petitioners herein. 4. Having considered these submissions, this Court deems it appropriate to allow this Writ Petition in terms of the Order passed by the Hon’ble Division Bench of this Court in W.P.No.29672 of 2023 & batch dated 26.06.2025. No order as to costs. Needless to state that the Official Respondents cannot legally levy Electricity Duty at ₹ 1.00 per each unit. 5. Registry is directed to place a copy of the Order passed by the Hon’ble Division Bench of this Court in W.P.No.29672 of 2023 & batch dated 26.06.2025 along with this Order. 6. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 28.08.2025 Vns