APHC010078742024 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: 4281/2024 Between: 1. THE ALAMURU THALUKA RICE MILLERS ASSOCIATION,, REGISTERED NO 567 OF 1990, REP.BY ITS SECRETARY N.V.V. SATYA NARAYANA REDDY, D.NO 36-16-50/1, MAIN ROAD, VIJAYA LAKSHMI NAGAR, MANDAPETA, DR.B.R.AMBEDKAR KONASEEMA DISTRICT - 533308. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. CENTRAL POWER DISTRIBUTION CORPORATION OF ANDHRA PRADESH LTD APCPDCL, REPRESENTED ITS CHAIRMAN AND MANAGING DIRECTOR, BY CORPORATE OFFICE BESIDE POLYTECHNIC COLLEGE, ITI ROAD, VIJAYAWADA,NTR DISTRICT- 520008. 3. EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH, CORPORATE OFFICE, PANDT COLONY, SEETHAMMADHARA, VISAKHAPATNAM. TEL 0891-2582392 (CONTROL ROOM) 4. THE SUPERINTENDENT ENGINEER, APEPDCL, NEAR ULLI THOTA STREET, GODAVARI BUND ROAD, RAJAHMAHENDRAWARAM, EAST GODAVARI DISTRICT. EMAIL SERIV@.ADEASTEMPOWER.COM ...RESPONDENT(S): 2 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.M.S.NO. 7, Energy (Power -III) Department, dt 08-4-2022 by exorbitantly increasing the levy of Electricity Duty from Rs. 0.06 per unit to Rs.1.00 on the energy sales made to the commercial and industrial consumers in the state of A.P in colorable exercise of the powers conferred under Sec. 3 (1) of the Andhra Pradesh Electricity Duty Act 1939 as revised from time to time, and the consequential action of the 2 to 4 respondents in levying Electricity Duty at the enhanced rate inter alia, by raising the H.T bills from April 2022 payable on 05-5- 2022 and continuously to all the H.T Industrial consumers including petitioner's industries(Annexure is attached), as arbitrary, illegal, unjust, unfair, unreasonable, excessive, violative of Fundamental and Constitutional Rights guaranteed under constitution of India, violative of Principles of Natural Justice, contrary to National Tariff Policy 2016, contrary to common order on Tariff for Retail sale of Electricity during the financial year 2022-23, passed by the Andhra Pradesh Electricity Regulatory Commission and contrary to law and thus to, consequently set aside the impugned G.O.M.S.N0.7 Energy (Power- III) Department dt 08-4- 2022, as well as the aforesaid H.T. Electricity Bills issued to petitioner's THE ALAMURU THALUKA RICE MILLERS ASSOCIATION consist of 128 members from April 2022 and continuously as on this date to the extent of enhanced Electricity Duty by directing the 3rd and 4th respondents to refund/adjust the excess electricity duty paid by petitioner's Association Service Connections from the month of April 2022 as on this date and not to levy Electricity Duty at the enhanced rate immediately for all future electricity charges payable by their industry to the 3rd and 4th respondents 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 stay the operation of the impugned notification in G.O.Ms.No.7, Energy (Power-Ill) Department dated 08.04.2022 and/or restrain the 2 to 4 respondents from levying and collecting any amount towards electricity duty in terms of the said impugned notification and/or taking the any coercive steps against the Petitioner's association consisting of 128 members(Annexure is attached) therein; and/or and pass 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 3 vacate the interim orders, dated 19.02.2024 passed by this Hon’ble Court in I.A.No.1 of 2024 in W.P.No.4281 of 2024 and pass Counsel for the Petitioner: 1. G RAMA KRISHNA Counsel for the Respondent(S): 1. GP FOR ENERGY 2. V V SATISH (SC for APEPDCL) 3. V R REDDY KOVVURI (SC FOR APCPDCL) 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. 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. 4 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.” 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 5 323 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.4281/2024 Dated: 03.07.2025 SNI