M/S RAMA TEX PROCESS HOUSE PVT. LTD. AND ANOTHER v. STATE OF U.P. AND ANOTHER
WRIC/12810/2025 · 2025-04-27
Shekhar B Saraf, Y K Srivastava
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 48798 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48798 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:64901-DB Court No. - 40 Case :- WRIT - C No. - 12810 of 2025 Petitioner :- M/S Rama Tex Process House Pvt. Ltd. And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Mayank Kumar Agrawal Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the petitioners and Sri Rajesh Kumar Pal, learned Standing Counsel appearing on behalf of the State respondents.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners have prayed for the following substantial relief:
"i. to issue a writ, order or direction in the nature of mandamus directing the respondents to forthwith refund the entire amount of electricity duty payable to the petitioner as per Clause 6 of the Notification No.271/24-P-32018, Lucknow dated 05.02.2018 (as promised by the State Government and the
order dated 07.08.2019 passed in Writ Petition No.5055 of 2019 (M/B) (M/s Bansal Wire Industries Ltd. vs. State of U.P. & others) affirmed by the Hon'ble Supreme Court in SLP No.29175-29178/2019 vide order dated 16.12.2019 with interest @ 10% per annum."
3. Learned Standing Counsel appearing on behalf of the State respondents admits that the electricity duty is required to be refunded to the petitioners.
4. In light of the above, the authority concerned is directed to refund the electricity duty along with interest to the petitioners in line with the judgment of coordinate Bench of this Court rendered in M/s Rajendra Udyog and another v. State of U.P. and another Neutral Citation No.2024:AHC:133303-DB. The payment should be made within a period of six weeks from date.
5. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 28.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad