1 APHC010535992025 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: 27922/2025 Between: 1. PVVSWAMY RICE AND FLOUR MILL, , (S.C.NO. 1152330901000333) AT CHODAVARAM - 531 036, ANAKAPALLI DISTRICT REP. BY ITS PROPRIETOR, ASAM SANTHOSH KUMAR 2. SRI SAI LAKSHMI RICE INDUSTRIES, (S.C.NO. VSP-2339) AT VENKANNAPALEM - 531 036, CHODAVARAM MANDAL, ANAKAPALLI DISTRICT REP. BY ITS PROPRIETOR, ASAM SONY 3. SRI LAKSHMI RICE MILL, (S.C.NO. 1152980920000532) AT VENKANNAPALEM - 531 036, CHODAVARAM MANDAL, ANAKAPALLI DISTRICT REP. BY ITS PROPRIETOR, G.K.CHAITANYA 4. SRI KANAKA RATNA RICE AND FLOUR MILL, (S.C.NO.115660120100197 5) AT MADUGULA - 531 027, ANAKAPALLI DISTRICT REP. BY ITS PROPRIETOR, J. PARDHASANYASAYYA 5. SARIKA CHITTI BABU, (S.C.NO. 1166200403000327) AT VIJAYANADHAPURAM - 530 048, PADMANABHAM MANDAL, VISAKHAPATNAM DISTRICT REP. BY ITS PROPRIETOR,Y DEMUDU BABU 6. VASAVI RICE MILL, (S.C.NO. 1156591005001823) AT CHEEDIKADA - 531 028 ,ANAKAPALLI DISTRICT REP. BY ITS PROPRIETOR POOSARLA SANDEEP ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRI. SECRETARY, ENERGY DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI - 522 237, GUNTUR DISTRICT. 2 2. EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, (APEPDCL), P AND T COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530 013, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR 3. THE SUPERINTENDING ENGINEER, (OPERATION CIRCLE), APEPDCL, VISAKHAPATNAM - 530 013 4. THE SUPERINTENDING ENGINEER, (OPERATION CIRCLE), APEPDCL, ANAKAPALLI - 531 001 ...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 issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the amendments made to Section 31 of the A.P. Electricity Duty Act, 1939 through A.P. Electricity Duty Amendment Act, 2020 and A.P. Electricity Duty Amendment Act No. 23 of 2024 and the notifications issued in G.O. Ms.No. 7 Energy (Power - II) Department dated 08-04-2022 and G.O. Ms.No. 22, Dated 23-10-2023, where under the levy of electricity duty was increased from Rs 0.06 Raise 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 consequently direct the respondents and their subordinates to adjust the refundable amount in the future consumption bills of the petitioners and to levy electricity duty @ Rs.0.06 Raise only from the petitioners service connections 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 respondents and their subordinates not to disconnect the power supply to the service connections of the petitioners for recovery of electricity duty @ Rs. 1/- per unit in pursuance of G.O. Ms.No. 7 Energy (Power - 11) Department dated 08-04-2022, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. N SIVA REDDY Counsel for the Respondent(S): 1. GP FOR ENERGY The Court made the following: 3 ORAL ORDER: Heard Sri M.Siva Ram, learned Counsel appearing on behalf of Sri N.Siva Reddy, learned Counsel for the Writ Petitioners 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 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. _________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt:13.10.2025 sj 4 67 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27922/2025 Dt:13.10.2025 sj