APHC010095022026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 5317/2026 Between: 1. M/S. CMR TEXTILES AND JEWELLERS PVT. LTD., (VJA 4729) ENGLISHPALEM, MACHILIPATNAM, KRISHNA DT REP. BY ITS AUTHORIZED SIGNATORY VUDDAGIRI SANKARA RAO S/O SATYANARAYANA GUPTA, AGED 55 YEARS. 2. M/S. CMR TEXTILES AND JEWELLERS PVT. LTD., (VJA 4740) TAILORING STREET, GUDIVADA , KRISHNA DT REP. BY ITS AUTHORIZED SIGNATORY VUDDAGIRI SANKARA RAO S/O SATYANARAYANA GUPTA, AGED 55 YEARS. 3. M/S. CMR TEXTILES AND JEWELLERS PVT. LTD., (SKL 738) GT ROAD , SRIKALULAM REP. BY ITS AUTHORIZED SIGNATORY VUDDAGIRI SANKARA RAO S/O SATYANARAYANA GUPTA AGE 55 YEARS. 4. M/S. CMR TEXTILES AND JEWELLERS PVT. LTD., (KNL 1163) SRINIVASANAGAR, NANDYAL DT REP. BY ITS AUTHORIZED SIGNATORY VUDDAGIRI SANKARA RAO S/O SATYANARAYANA GUPTA, AGE 55 YEARS. 5. M/S. CMR TEXTILES AND JEWELLERS PVT. LTD., (KNL 1165) MADAM COMPOUND , PARK ROAD , KURNOOL REP. BY ITS AUTHORIZED SIGNATORY VUDDAGIRI SANKARA RAO S/O SATYANARAYANA GUPTA , AGE 55 YEARS. 6. M/S. CMR TEXTILES AND JEWELLERS PVT. LTD., (ATP 1326) SUBHAS ROAD , ANANTHAPUR REP. BY ITS AUTHORIZED SIGNATORY VUDDAGIRI SANKARA RAO S/O SATYANARAYANA NJS,J W.P.No.5317 of 2026 GUPTA AGE 55 YEARS. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH PRADESH, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DIST. A.P.REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE 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. 3. THE EASTER POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, REP. BY CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE NEAR GURUDWARA P AND T COLONY SEETAMMADHARA VISAKHAPATNAM 530013. 4. THE SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, , RENIGUNTA ROAD, TIRUPATI,TIRUPATI DT 5. THE SUPERINTENDING ENGINEER OPERATION CIRCLE, CENTRAL POWER DISTRIBUTION CORPORATION OF ANDHRA PRADESH LTD ,VIJAYWADA , KRISHNA DT 6. THE SUPERINTENDING ENGINEER OPERATION CIRCLE, THE EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD , SRIKAKULAM, AP 7. THE SUPERINTENDING ENGINEER OPERATION CIRCLE, THE SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD , NANDYAL, NANDYAL DT. 8. THE SUPERINTENDING ENGINEER OPERATION CIRCLE, THE SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD , KURNOOL, KURNOOL DT. 9. THE SUPERINTENDING ENGINEER OPERATION CIRCLE, THE SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD , ANANTHAPUR, ANANTHAPUR DT NJS,J W.P.No.5317 of 2026 ...RESPONDENT(S): Counsel for the Petitioner(S): 1. K V UPENDRA GUPTA Counsel for the Respondent(S): 1. GP FOR ENERGY The Court made the following Order: Heard Mr. K V Upendra Gupta, learned counsel for the petitioners. Also heard Ms. K. Aishwarya Chowdary, learned Junior Standing Counsel for APEPDCL. 2. At the time of considering the matter, the learned counsel on both sides submit that in similar circumstances, a learned Judge of this Court vide orders dated 24.09.2025, disposed of W.P Nos.40124 of 2022 and batch, in terms of the order dated 19.09.2025 of the Hon’ble Supreme Court in Special Leave to Appeal (C) No.26194 of 2025, and left it open to those parties who were not before this Court to approach the Hon’ble Supreme Court. In the said Special Leave Petition which arise out of the judgment dated 26.06.2025 passed by the Hon’ble Division Bench of this Court in W.A No.1043 of 2023, the Hon’ble Supreme Court granted stay, to the extent of refund. 3. In the light of the orders dated 19.09.2025 and 24.09.2025 referred to supra, this Court is inclined to dispose of the writ petition in terms of the order dated 24.09.2025, the relevant portion of which reads as follows:- “…5. In the present batch of Writ Petitions, it is stated at the bar, that some of the Writ Petitioners were not parties in the Writ Petitions and the Writ Appeals that were disposed of by the Hon’ble Division Bench of this Court vide Order dated 26.06.2025 in W.A.No.1043 of 2023 and batch. 6. Having regard to the Order of the Hon’ble Supreme Court dated 19.09.2025, this Court deems it appropriate to dispose of these Writ Petitions inasmuch as the issue of refund is also subject matter before the Hon’ble Supreme Court. NJS,J W.P.No.5317 of 2026 7. Needless to state that the direction rendered against the Government to collect the electricity duty @ 6 paise per unit as per Government Order dated 09.12.1994 shall also apply to the present Writ Petitioners as well until such Order is modified by the Hon’ble Supreme Court. 8. Also, needless to state that such of those Writ Petitioners in the present batch who were not parties in the proceedings before the Division Bench of this Hon’ble Court would have the liberty to approach the Hon’ble Supreme Court, if they are so advised. 9. With these observations and directions, this batch of Writ Petitions is disposed of. No order as to costs. 10. Interlocutory Applications, if any, stand closed in terms of this order.” 4. Accordingly, the Writ Petition is disposed of, for the reasons alike. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA Date: 24.02.2026 KAS