-3 I APHC010441012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 THURSDAY,THE TWENTY EIGHTH DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 22552 OF 2025 / Between: 1. M/s SRK Infra Projects Pvt Ltd, (VSP 1225) VIP Road , CBM compound Vishakapatnam Dt Rep. by its Managing Director M Satyanarayana Raju S/o Venkatapathi Raju Age 68 M/s Cinepolis, Sri Kanya Cini Glitz (VSP 1816) Uda Colony, Madhurawada , Visakhapatnam Rep. by its Authorized Signator Ravi Boolchandani S/o Mukesh Boolchandani Age 30 M/s Jagadamba Theater, (VSP 029) Jagadamba Junction , SuryaBgah, Visakhapatnam Rep. by its Proprietor V Badrachalam S/0 Veeri naidu Age 89 M/s Sandhya Theatre, (TPT 2253) Jayasayam Road , Tirupathi Rep. by its Proprietor P Hah Prakash S/o PS Gurva Reddy Age 75 M/s JaiaShyam Picture Palace, (TPT 979) PK Layout, Tirupathi Rep. by its Authorized Signatory Sudarshana Varma S/o Venkata Raju Age 65 M/s RK industries (NLR 660) NV Gardens, Proprietor S Hazarathaiah S/o Ramthaiah Age 54 Nellore Rep. by its M/s Venkateshwara Enterprises (SC 3321113018069), Mangala Dibba, Navalakula Thota, Nellore Rep. by its Proprietor S Janaki Hazarathaiah Age 49 2. 3. 4. 5. 6. 7. W/o 8. M/s Sarabu Janaki (SC 3321113260568), MangalaDibba , Navalakula Thota , Nellore Rep. by its Proprietor S Janaki W/o Hazarathaiah Age 49 ' A 9* ^M/s Sri Mahadeva Packing Products, (SC 3321113263097) Ayyapagari . ^ Thotha, NV Garden , Nellore Rep. by its Proprietor S Chandra Sheakar S/o Venkata Ratnam Age 46 10,. M/s Sarabu Hazarathiah, ( SC 3321105158108) Ayyapagari Thotha, •W' Navalakula Garden, Nellore Rep. by its Proprietor S Hazarathiah S/0 Ramathiah Age 55 11.. M/s Samhung Industries, ( SC 7334129002261) Erramanchi Village , Purthaparthi Road, Penukonda Rep. by its Proprietor Naveen Krishanan S/o M Krishanan Age 44 12. M/s S Srinivasulu, Murugan Granites (SC 7231127001773) Siva Nagar Tadipatri Rep. by its Proprietor S Srinivasulu S/0 S Venkata Ramana Age 64 13. M/s Sai Rohit Granites, (SC 7231129000576) Tadipatri Rep. by its Proprietor G Damodhar S/o Ramanajaneyulu Age 38 14. M/s Preethi Granites, ( SC 7231129001426) Tadipatri Rep. by its Proprietor NagaMalleshwar Reddy S/o Venkata Subba Reddy Age 41 15. M/s Sri Vishwanadha Mushroom Farm Pvt Ltd, ( ELR 951) Malukunta , Boramapalem, T-Narsapuram Mandal , West Godavari Dt Rep. by its Managing Director B Jeevan Kumar S/o P Siva Subba Rao Age 41 16. M/s DRS Pallet India Pvt Ltd, (SSS 1176) (ATP 1176) Ammavarupalem , Erachamanchi ,Penugonda Ananthapur Dt Rep. by its Authorized Signatory Dokyum Kim S/o Kim Chankoo Age 52 ...Petitioners AND The State of Andhra Pradesh, Energy department. Secretariat, Velagapudi, Amaravati , Guntur Dist. A.P. Represented by its Principal Secretary. 1. 2. The Eastern Power Distribution company of Andhra Pradesh Ltd, Rep. by Chairman and managing Director, Corporate Office Gurudwara P and T colony. Seethammadhara Visakhapatnam 530013 3. The Southern Power Distribution Near company of Andhra Pradesh Ltd, Renigunta Road, Tirupati, Tirupati Dt 4. The Superintending Engineer Operation circle. The Eastern Power Distribution Visakhapatnam Dt , AP company of Andhra Pradesh Ltd .Visakhapatnam, 5. The Superintending Engineer Operation Distribution Corporation of Andhra Pradesh. .Eluru . West Godavari 6. The Superintending Engineer Operation circle The Southern Distribution company of Andhra Pradesh, Tirupathi, Thirupathi Dt 7. The Superintending Engineer Operation circle The Southern Distribution company of Andhra Pradesh, Nellore, Nellore DT 8. The Superintending Engineer Operation circle The Southern Distribution company of Andhra Pradesh . Ananthapur, Ananthapur Dt circle Eastern Power Dt Power Power Power ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ, Order or Direction more, particularly of Writ of Mandamus declaring the action of Ms.No. 7 Energy (Power-ll) Department dated 08-04- levy of electricity duty was increased from Rs. 0.06 Raise PS on the energy sales made to the commercial and industrial may be one in the nature respondents in issuing G.O. 2022 where under the per unit to Rs. 1.00 consumers as illegal, arbitrary, and. contrary to iaw and to levy electricity duty @ Raise only from the petitioners service connections. Rs.O.06 lA NO: 1 OF 202.5 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondents and their subordinates may be pleased to not to disconnect the power » connections of the petitioners for recovery of electricity of G.O. Ms.No.7 Energy (Power—II) supply to the service duty @ Rs. 1/- per unit in pursuance Department dated 08-04-2022, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI K V UPENDRA GUPTA Counsel for the Respondent No. 1: GP FOR ENERGY Counsel for the Respondent Nos. 2 to 8: SRI VENKATA RAMA RAO / KOTA SC FOR APSPDCL The Court made the following order: 'A ' APHC010441012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 S-fes [3328] THURSDAY.THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 22552/2025 Between: 1. SRK INFRA PROJECTS PVT LTD, (VSP 1225) VIP ROAD , CBM COMPOUND VISHAKAPATNAM DT REP. BY ITS MANAGING DIRECTOR M SATYANARAYANA RAJU S/O VENKATAPATHI RAJU AGE 68 2. M/S CINEPOLIS SRI KANYA CINI GLITZ (VSP 1816) UDA COLONY , MADHURAWADA , VISAKHAPATNAM REP. BY ITS AUTHORIZED SIGNATOR RAVI BOOLCHANDANI S/0 MUKESH ) I BOOLCHANDANI AGE 30 3. . M/S JAGADAMBA THEATER, (VSP 029) JAGADAMBA JUNCTION , SURYABGAH , VISAKHAPATNAM REP. BY ITS PROPRIETOR V BADRACHALAM S/0 VEERI NAIDU AGE 89 4. M/S SANDHYA THEATRE. (TPT 2253) JAYASAYAM ROAD , TIRUPATHI REP. BY ITS PROPRIETOR P HARI PRAKASH S/0 PS GURVA REDDY AGE 75 . 5. M/S JAIASHYAM PICTURE PALACE, (TPT 979) PK LAYOUT, TIRUPATHI REP. BY SUDARSHANA VARMA S/0 VENKATA RAJU AGE 65 ITS AUTHORIZED SIGNATORY 6. M/S RK INDUSTRIES (NLR 660) NV GARDENS, PROPRIETOR S HAZARATHAIAH S/0 RAMTHAIAH AGE 54 NELLORE REP. BY ITS 7. M/S VENKATESHWARA ENTERPRISES (SC 3321113018069), MANGALADIBBA , NAVALAKULA THOTA , NELLORE REP. BY ITS » 2 PROPRIETOR S JANAKI W/0 HAZARATHAIAH AGE 49 8. M/S SARABU JANAKI (SC 3321113260568), MANGALADIBBA , NAVALAKULA THOTA , NELLORE REP. BY ITS PROPRIETOR S JANAKI W/0 HAZARATHAIAH AGE 49 9. M/S SRI MAHADEVA PACKING PRODUCTS. (SC 3321113263097) AYYAPAGARI THOTHA. NV GARDEN , NELLORE REP. BY ITS PROPRIETOR S CHANDRA SHEAKAR S/O VENKATA RATNAM AGE 46 10.. M/S SARABU HAZARATHIAH, ( SC 3321105158108) AYYAPAGARI NAVALAKULA GARDEN , NELLORE REP. BY ITS THOTHA, PROPRIETOR S HAZARATHIAH S/0 RAMATHIAH AGE 55 11.. M/S SAMHUNG INDUSTRIES, ( SC 7334129002261) ERRAMANCHI VILLAGE , PURTHAPARTHI ROAD , PENUKONDA REP. BY ITS PROPRIETOR NAVEEN KRiSHANAN S/0 M KRISHANAN AGE 44 12.M/S S SRINIVASULU ,. MURUGAN GRANITES (SC 7231127001773) NAGAR TADIPATRI REP. BY ITS PROPRIETOR S SIVA SRINIVASULU S/0 S VENKATA RAMANA AGE 64 13. M/S SAI ROHIT GRANITES, (SC 7231129000576) TADIPATRI REP. BY ITS PROPRIETOR G DAMODHAR S/0 RAMANAJANEYULU AGE 38 14.M/S PREETHI GRANITES, ( SC 7231129001426) TADIPATRI REP. BY ITS PROPRIETOR NAGAMALLESHWAR REDDY S/0 VENKATA SUBBA REDDY AGE 41 15. M/S SRI VISHWANADHA MUSHROOM FARM PVT LTD, ( ELR 951) MALUKUNTA . BORAMAPALEM , T-NARSAPURAM MANDAL , WEST GODAVARI DT REP. BY ITS MANAGING DIRECTOR B JEEVAN KUMAR S/0 P SIVA SUBBA RAO AGE 41 16. M/S DRS PALLET INDIA PVT LTD. (SSS 1176) (ATP 1176) ERACHAMANCHJ .PENUGONDA AUTHORIZED SIGNATORY AMMAVARUPALEM ANANTHAPUR DT REP. BY ITS DOKYUM KIM S/0 KIM CHANKOO AGE 52 ...PETmONER{S) AND 3 1.THE STATE OF AP, ENEPxGY DEPARTMENT. SECRETARIAT, VELAGAPUDI, AMARAVATI , GUNTUR DIST. A.P.REPRESENTED BY ITS PRINCIPAL SECRETARY. \ 2.THE EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, , REP. BY CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE NEAR GURUDWARA P AND .SEETHAMMADHARA VISAKHAPATNAM 530013 COLONY 3.THE SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, RENIGUNTA ROAD,TIRUPATI,TIRUPATI DT 4.THE SUPERINTENDING ENGINEER OPERATION CIRCLE, THE EASTERN POWER PRADESH LTD ,VISAKHAPATNAM, VISAKHAPATNAM DT ,AP DISTRIBUTION COMPANY OF ANDHRA 5.THE SUPERINTENDING ENGINEER OPERATION CIRCLE EASTERN POWER DISTRIBUTION CORPORATION OF ANDHRA PRA, ,ELURU , WEST GODAVARI DT 6.THE SUPERINTENDING ENGINEER OPERATION CIRCLE THE SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PR, TIRUPATHI , THIRUPATHI DT 7.THE SUPERINTENDING ENGINEER OPERATION CIRCLE THE SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA P, NELLORE, NELLORE DT 8.THE SUPERINTENDING ENGINEER OPERATION CIRCLE THE SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA P, , ANANTHAPUR, ANANTHAPUR DT. ...RESPONDENT(S): Counsel for the Petitioner(S); 1.KVUPENDRA GUPTA Counsel for the Respondent(S): 1.GP FOR ENERGY The Court made the following; 4 f ORAL ORDER: Heard Sri Siva Nagarjuna, learned Counsel appearing on behalf of Sri K.V. Upendra Gupta, learned Counsel for the Writ Petitioners K. Ashok, learned Counsel representing Sri Venkata Rama Rao Kota Standing Counsel for APSPDCL. The prayer sought in the present Writ Petition is as under; and Sri learned 2. "It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, Order or Direction more, particularly one in the nature of Writ of Mandamus declaring the action of respondents in issuing G.O. Ms.No. 7 Energy (Power-ll) Department dated 08-04- 2022 where under the levy of electricity duty was increased from Rs.0.06 paise per unit to Rs.1.00 PS on the energy sales made to the commercial and industrial consumers as illegal, arbitrary, and contrary to law and to levy electricity duty @ Rs.0.06 paise only from the petitioners service connections and pass such other order orders which are deem fit and proper.” or 3. Sri K. Ashok, learned Counsel representing Sri Venkata Rama Kota, learned Standing Counsel for APSPDCL, would submit that the i 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. 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 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. Rao issue 4. cannot ' 6. Interlocutory Applications, if any, stand dosed in terms of this order. Sd/- KJ RAJABABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Energy department, Secretariat, State of AP, Velagapudi, Amaravati, Guntur Dist. A.P. 2. The Chairman and managing Director, Eastern Power Distribution company of Andhra Pradesh Ltd, Corporate Office Near Gurudwara P and T colony Seethammadhara Visakhapatnam 530013 3. The Southern Power Distribution company of Andhra Pradesh Ltd, Renigunta Road, Tirupati, Tirupati Dt 4. The Superintending Engineer Operation circle. The Eastern Power Distribution company of Andhra Pradesh Ltd ,Visakhapatnam Visakhapatnam Dt ,AP 5. The Superintending Engineer Operation circle Eastern Distribution Corporation of Andhra Pradesh, ,Eluru , West Godavari Dt 6. The Superintending Engineer Operation circle The Southern Power Distribution company of Andhra Pradesh, Tirupathi , Thirupathi Dt 7. The Superintending Engineer Operation circle The Southern Power Distribution company of Andhra Pradesh, Nellore, Nellore DT 8. The Superintending Engineer Operation circle The Southern Power Distribution company of Andhra Pradesh , Ananthapur, Ananthapur Dt 9. One CC to Sri. K V Upendra Gupta Advocate [OPUC] 10. One CC to Sri. Venkata Rama Rao Kota, SC for APSPDCL [OPUC] 11. Two CCs to GP For Energy, High Court of Andhra Pradesh [OUT] 12. Two CD Copies Power gsc HIGH COURT DATED:28/08/2025 ORDER WP NO. 22552 OF 2025 ALLOWING THE WP WITHOUT COSTS