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2025 DAILYLAW 52262 (AP)

JANANI POLYMERS v. The State of Andhra Pradesh

WP/27971/2025 · 2025-10-12

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010513762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27971/2025 Between: 1. JANANI POLYMERS, 205/1,207/2, LINGAREDDY COLONY, BACKSIDE OF PRATHIBHA COLLEGE, KURNOOL ROAD, ONGOLE - 523 225, PRAKASAM DISTRICT, ANDHRA PRADESH, REP.BY ITS PARTNER, MR. NALLURI SRINIVASA RAO, ( USC.NO.4353405093674) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522503, REP. BY ITS PRINCIPAL SECRETARY. 2. CENTRAL POWER DISTRIBUTION CORPORATION OF ANDHRA PRADESH LTD, . (APCPDCL),CORPORATE OFFICE BESIDE POLYTECHNIC COLLEGE, ITI ROAD, VIJAYAWADA, KRISHNA DISTRICT-520008, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR. ...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 topleased to pass an order or orders more particularly one in the nature of writ of mandamus delaring the action of the Respondent No.2 in levying electricity duty at Rs. 1/- per unit on the energy sales to the Petitioner, inspite of G.O.Ms.No.7, Energy (Power-Ill) department.dated 08.04.2022 and G.O.Ms. No. 22 Energy (Power.lll)Department dated 23.10.2023, were struck down by this Honble Court vide Judgment dated 26-06-2025, passed in W.P.No. 29672 of 2023 and batch cases and in violation of Articles 14 of the Constitution of India and consequently direct the Respondent Mo.2 restraining 2 from levying any amount towards electricity duty over and above Rs.0.06/- paise per Kwh(unit) to the petitioner for its electricity power connection bearing USC.No.4353405093674 direct to refund/adjust the amount collected from the Petitioner from the date of issuance of the G.O.Ms.No.7, Energy (Power-Ill) Department dated 08.04.2022, towards Electricity Duty over and above Rs.0.06/- paise per Kwh(unit) and pass IA NO: 1 OF 2025 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 pleased to Direct the respondent No.2 from levying any amount towards electricity duty over and above Rs.0.06/- paise per Kwh(unit) in terms of the G.O.Ms.No.7, Energy (Power-Ill) Department dated 08.04.2022,which was struck down by this Hon'ble Court for the electricity power connecton USC.No.4353405093674 of the petitioner and/or taking any coercive steps against the Petitioner pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. YADAVALLI RAMESH Counsel for the Respondent(S): 1. GP FOR ENERGY The Court made the following: ORAL ORDER: Heard Sri Yadavalli Ramesh, learned Counsel for the Writ Petitioner and Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel for APCPDCL. 2. The Order of the Division Bench of this Hon’ble Court dated 26.06.2025 in W.A.No.1043 of 2023 and Batch, was assailed by the Government of Andhra Pradesh before the Hon’ble Supreme Court of India in SLP (Civil) No.26194 of 2025. In the said SLP, the Hon’ble Supreme Court was pleased to grant leave and issue certain directions. One such direction is to implead all the Writ Petitioners who were before the High Court of Andhra Pradesh in various Writ Petitions and Writ Appeals. 3. This Court, following the Order of the Hon’ble Apex Court dated 19.09.2025, was pleased to dispose another batch of cases in W.P.No.40124 3 of 2022 and Batch vide Order dated 24.09.2025 by indicating that the Interim Orders passed by the Hon’ble Supreme Court dated 19.09.2025 would squarely apply to the Writ Petitioners therein and that, in terms of para 3 of the Order of the Hon’ble Supreme Court, the Writ Petitioners are at liberty to approach the Hon’ble Supreme Court, if they are so advised. 4. The present Writ Petition is disposed of in terms of the Interim Order passed by the Hon’ble Supreme Court dated 19.09.2025 and the Order passed by this Court dated 24.09.2025 in W.P.No.40124 of 2022 and Batch. No order as to costs. 5. Registry is directed to attach a copy of the Order passed by this Court dated 24.09.2025 in W.P.No.40124 of 2022 and Batch along with this Order. 6. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:13.10.2025 sj 4 68 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27971/2025 Dt:13.10.2025 sj