APHC010647052023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33316/2023 Between: 1. M/S. GODAVARI MEGA AQUA FOOD PARK (P) LTD.,, REP.BY ITS DIRECTOR, MR.U.ANAND KIRAN VARMA, S/O RAMA KRISHNAM RAJU, AGED 43 YRS RS NO.799, TUNDURRU VILLAGE, BHIMAVARAM MANDAL, WEST GODAVARI DT' ANDHRA PRADESH- 534207. -SC NO.ELR 1042 2. M/S. GODAVARI MEGA AQUA FOOD PARK (P) LTD.(ICE FACTORY), REP.BY ITS DIRECTOR, MR.U.ANAND KIRAN VARMA, S/O RAMA KRISHNAM RAJU, AGED 43 YRS POTHUKURRU ROAD, ANATHAVARAM, MUMMIDIVARAM MANDAL, EAST GODAVARI DT ANDHRA PRADESH-534207. - SC NO.RJY 1377 3. M/S.ANAND ESTATES, REP BY ITS PARTNER, MR.U.JOGI ANANDA VARMA S/O KASI VISWANATHA RAJU, AGED 43 YRS RS NO. 111/4, JUWALAPALEM ROAD, BHIMAVARAM, WEST GODAVARI DIST - SC NO.ELR 510 4. M/S. ANANDA FOODS ,, REP.BY ITS PARTNER, MR.U.JOGI ANANDA VARMA, SIO KASI VISWANATHA RAJU, AGED 43 YRS SF NO.369, KONAPAPET, U. KOTHAPALLI MANDAL, EAST GODAVARI DT ANDHRA PRADESH -SC NO.RJY1228 5. M/S. SAI VASISTA HATCHERIES.,, REP.BY ITS PARTNER, MR.U.JOGI ANANDA VARMA,, S/O KASI VISWANATHA RAJU, AGED 43 YRS, R.SY. 113/1, KONA DANAVAIPETA VILLAGE, NARSIPETA THONDANGI MANDAL, EAST GODAVARI DT ANDHRA PRADESH- 533408 ..PETITIONERS-SC NO.RJY1424. ...PETITIONER(S) AND 2 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF ENERGY, REP.BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY CO LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE,P AND T COLONY, SEETHAMMA DHARA , VISHAKHAPATNAM. ANDHRA PRADESH. 3. SUPERINTENDENT ENGINEER, OPERATION CIRCLE, APEPDCL, ELURU. 4. SUPERINTENDENT ENGINEER, OPERATION CIRCLE, APEPDCL, RAJAHMUNDARY. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 1st Respondent in issuing G.O.Ms.No.7, Energy (Power-Ill) Department dated 08.04.2022 exorbitantly increasing the levy of electricity duty from Rs.0.06 per unit to Rs.l per unit on the energy sales made to commercial and industrial consumers, in colorable exercise of the powers conferred under Section 3(1) of the Andhra Pradesh Electricity Duty Act, 1939 and consequent action of 2ndRespondent in levying/ recovering electricity duty at the enhanced rate inter alia by raising H.T. Bills from the month of from April 2022 to Oct 2023 in respect of Service Nos. ELR1042, ELR 510, RJY1377, RJY1228, and RJY1424 respectively of the Petitioners withoutsanction of the Government after issuance of G.O.Ms.No.7, Energy (Power-III) Department dated 08.04.2022 as arbitrary, illegal, unjust, unfair, unreasonable, excessive, violative of the fundamental and constitutional rights guaranteed under the Constitution of India, violative of the principles of natural justiceand contrary to law and to consequently set aside G.O.Ms.No.7, Energy (Power-III) Department dated 08.04.2022 as well as the aforesaid H.T. Bills issued by 2nd Respondent from April 2022 to Oct 2023 to the extent of the enhanced electricity duty by directing the 2nd Respondent to refund the excess electricity duty paid up to the month Sept 2023 and not to levy electricity duty at enhanced rate of Rs.l/- any more on the Petitioners for subsequent months in respect of Service Nos. ELR1042, ELR 510, RJY1377, RJY1228, and RJY1424 respectively of the Petitioners and to pass IA NO: 1 OF 2023 3 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent not to take any coercive steps against the Petitioner including disconnection of their respective power supplies for recovery of the levied enhanced electricity duty in pursuance of G.O.Ms.No.7, Energy (Power-Ill) Department dated 08.04.2022 including the electricity duty raised for the for the month of Oct, 2023 and for subsequent months in respect of Service Nos. ELR1042, ELR 510, RJY1377, RJY1228, and RJY1424 respectively of the Petitioner pending disposal of the above writ petition and to pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders, dated 28.12.2023 passed by this Hon’ble Court in W.P.No.33316 of 2023 IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders, dated 28.12.2023 passed by this Honble Court in W.P.No.33316 of 2023 and pass Counsel for the Petitioner(S): 1. A V S LAXMI Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) 2. GP FOR ENERGY (AP) The Court made the following ORDER: Challenging the G.O.Ms.No.7 Energy (Power-III) Department dated 08.04.2022, the above writ petition has been filed. 2. Today, when the matter is taken up for consideration, learned counsel appearing on either side would submit that the issue involved in this writ petition is covered by the common order dated 26.06.2025 passed by the Division Bench of this Court in W.P.No.29672 of 2023 & batch. 4 3. The Division Bench of this Court in W.P.No.29672 of 2023 & batch dated 26.06.2025, observed as follows: “92. As can be seen from the above extract, this G.O. has been issued for permitting licensees to collect, from consumers, the Duty fixed under G.O.Ms.No.7. Since G.O.Ms.No.7, has been struck down, the question of granting sanction to collect Duty, fixed under G.O.Ms.No.7, would not arise. Accordingly, G.O.Ms.No.22 is also struck down. As this G.O. has been struck down, on this ground, this court is not going into the other contentions raised against this G.O. 93. … 94. For the aforesaid reasons, all the cases are disposed of in terms of the following order: 1. The amendment to Section 3, by Act 23 of 2024, to the extent of granting power to the government to fix the rate of Duty between six paise to one rupee per unit is upheld. 2. The amendment to Section 3, by Act 10 of 2021 and Act 23 of 2024, to the extent of granting power to the government to identify categories of consumers, for purposes of fixing the rate of tariff is set aside. 3. The proviso, to Section 3, stipulating that, in the absence of the rate of duty notified by the state government for different consumer categories at any given time, a minimum duty of 6 paise (Rs. 0.06) per unit of energy shall be levied, shall remain unaffected. 4. The amendments to Section 7, by Act 23 of 2024, are struck down. 5. G.O.Ms.No.7, dated 08.04.2022 is struck down. However, the government is entitled to collect Duty at the rate of 6 paise per unit, throughout the period from the date when Act 10 of 2021 was published in the Gazette till such time as the rate of duty is modified, in accordance with law. Further, the exemption granted to agricultural consumers under G.O.Ms.No.82, dated 07.07.2003, remains in force. 6. G.O.Ms.No.22, dated 23.10.2024, is struck down. However, G.O.Ms.No.277, dated 09.12.1994, remains in force throughout the disputed period and the Licensees are permitted to recover Duty, at the rate of 6 paise per unit, from the consumers, subject to any exemption that may have been granted, or would be granted, under section 3A of the Duty Act.” 5 4. Given the same, the Writ Petition is disposed of in terms of the common order dated 26.06.2025 passed by the Division Bench of this Court in W.P.No.29672 of 2023 & batch. No order as to costs. The Registry is directed to annex the copy of the common order dated 26.06.2025 passed by the Division Bench of this Court in W.P.No.29672 of 2023 & batch to this order. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 03.07.2025 SNI 6 302 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.33316/2023 Dated: 03.07.2025 SNI