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High Court of Andhra Pradesh · body

2025 DAILYLAW 37544 (AP)

M/S. KADER EXPORTS PRIVATE LTD. (UNIT-1) v. THE STATE OF ANDHRA PRADESH

WP/33313/2023 · 2025-09-23

Gannamaneni Ramakrishna Prasad

Special Leave Petitionbody2025

Judgment text

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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos.40124 of 2022; 25936, 29459, 31887, 32174, 32581, 32607, 32610, 32615, 32702, 32706, 33313, 33328, 33410, 33725 & 33742 of 2023; 146, 750,1108, 1228, 1423, 1424, 2438, 6314, 6542, 7199, 7869, 13144, 13346, 14737, 15074, 16299 of 2024; 16494, 19727, 19811, 19812, 19828, 20206, 20490, 20528, 20729, 20768, 20967, 21489, 21597, 21865, 21973, 22345, 22483, 22538, 22620, 22787, 22860, 23042, 23742, 23996, 24280, 24654, 25475, 25778, 25814, 25871 & 26026 of 2025 d ORAL ORDER: Heard Smt. A.V.S. Laxmi, learned Counsel for the Writ Petitioners, Sri S.V.S.S. Siva Ram, learned Counsel appearing on behalf of Sri Venkatram Reddy Mantur, learned Counsel for the Writ Petitioner in W.P.No.7199 of 2024, Sri J.U.M.V. Prasad, learned Counsel for the Writ Petitioner in W.P.No.13346 of 2024, Sri Srinivas Rao Kudupudi, learned Counsel for the Writ Petitioner in W.P.No.19828 of 2025, Sri Sai Gangadhar Chamarty, learned Counsel for the Writ Petitioner in W.P.No.20729 of 2025, Sri Kotha Rama Mohan, learned Counsel for the Writ Petitioner in W.P.No.21973 of 2025, Sri Siva Nagarjuna S, learned Counsel appearing on behalf of Sri K.V. Upendra Gupta, learned Counsel for the Writ Petitioner in W.P.No.20967 of 2025, Sri P. Nanilu Naidu, learned Counsel for the Writ Petitioners in W.P.No.19727, 19811, 19812 & 21489 of 2025, Sri M.L. Narasimham, learned Counsel for the Writ Petitioner in W.P.No.22345 of 2025, Sri V.V. Sathish, learned Standing Counsel for APEPDCL, Ms. A. Jyothi Ratna, learned Junior Standing Counsel for APSPDCL, Ms. K. 2 Swaroopa Rani, learned Assistant Government Pleader for Energy and Sri D. Yathindra Dev, learned Special Government Pleader representing the learned Advocate General’s Office. 2. Learned Counsel for the Respondents has placed on record the Order passed by the Hon’ble Supreme Court in SLP (Civil) No.26194 of 2025. The said SLP had been preferred by the State of Andhra Pradesh assailing the Common Final Judgment and Order rendered by the Division Bench of this Hon’ble Court dated 26.06.2025 in W.A.No.1043 of 2023 and batch. The said SLP along with I.A.No.228681 of 2025 came up before the Hon’ble Supreme Court on 19.09.2025 and the Hon’ble Supreme Court was pleased to pass the following Order: “1. Leave granted. 2. In the meantime, there shall be stay limited to the extent of refund. It is made clear that the State will be entitled to raise and collect the duty @ 6 paise per unit as per Govt. Order dated 09.12.1994 only. 3. The Writ Petitioners before the High Court are all impleaded herein as party respondents. The Advocate-on-Record shall, accordingly, amend the cause title of the present appeal. Upon such amendment, notices be issued to all the impleaded respondents. 4. Include this appeal in the final hearing list for the month of February, 2026. 5. Pleadings be completed in the meantime.” 3. The above extract would make it amply clear that at the admission stage, the Hon’ble Supreme Court had granted leave thereby, admitting SLP as Civil Appeal. The Order would also indicate that insofar as the refund of the amounts which are paid by the private parties, the Hon’ble Supreme Court has stayed the process of seeking refund. The said Order would also indicate 3 that the State is directed to collect electricity @ 6 paise per unit as per Government Order dated 09.12.1994. The said Order would also indicate that such of the Writ Petitioners and the Respondents in the Writ Appeals preferred by the State were directed to be impleaded as party Respondents with a further direction to the Advocate on Record to take suitable steps to implead them. 4. This Order of the Hon’ble Supreme Court would bind the present Writ Petitioners as well. 5. In the present batch of Writ Petitions, it is stated at the bar, that some of the Writ Petitioners were not parties in the Writ Petitions and the Writ Appeals that were disposed of by the Hon’ble Division Bench of this Court vide Order dated 26.06.2025 in W.A.No.1043 of 2023 and batch. 6. Having regard to the Order of the Hon’ble Supreme Court dated 19.09.2025, this Court deems it appropriate to dispose of these Writ Petitions inasmuch as the issue of refund is also subject matter before the Hon’ble Supreme Court. 7. Needless to state that the direction rendered against the Government to collect the electricity duty @ 6 paise per unit as per Government Order dated 09.12.1994 shall also apply to the present Writ Petitioners as well until such Order is modified by the Hon’ble Supreme Court. 8. Also, needless to state that such of those Writ Petitioners in the present batch who were not parties in the proceedings before the Division Bench of this Hon’ble Court would have the liberty to approach the Hon’ble Supreme Court, if they are so advised. 4 9. With these observations and directions, this batch of Writ Petitions is disposed of. No order as to costs. 10. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 24.09.2025 VNS