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2025 DAILYLAW 90161 (ALL)

M/S SUDHIR AGRAWAL v. STATE OF U.P. AND ANOTHER

WRIC/29787/2025 · 2025-10-05

Neeraj Tiwari, Vivek Kumar Singh

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29787 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard Sri Mayank Agrawal, learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. By means of this writ petition, the petitioner herein is seeking a writ of mandamus commanding 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 cent per annum. 3. The matter of refund of the electricity duty came up for consideration before a Division Bench of this Court in Misc. Bench No. 5055 of 2019; M/S Bansal Wire Industries Ltd. Vs. State of U.P. & Ors. and other connected petitions. 4. The petitions were allowed vide judgment and order dated 7.8.2019 with a direction that the State Government shall refund the amount of electricity duty collected after the issuance of the notification dated 21.1.2010, within a period of six months, failing which the amount would carry interest at the rate of 10%. 5. The aforesaid judgment is final and conclusive as the SLP filed against the same has been dismissed by the Hon'ble Supreme Court. The present matter is covered by the Division Bench judgement of this Court. 6. Even the learned Standing Counsel accepts that the present matter is covered by the Division Bench judgment of this Court. 7. In view of the aforesaid, we dispose of this writ petition in the same terms and conditions as in the judgment and order dated 7.8.2019 passed in the Versus Counsel for Petitioner(s) : Mayank Kumar Agrawal Counsel for Respondent(s) : C.S.C. M/S Sudhir Agrawal .....Petitioner(s) State of U.P. and Another .....Respondent(s) above referred writ petition. 8. The writ petition accordingly stands disposed of. October 6, 2025 pks WRIC No. 29787 of 2025 2 (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad