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2026 DAILYLAW 4366 (AP)

KEI RAJAMAHEDRI RESORTS PRIVATE LIMITED v. THE STATE OF ANDHRA PRADESH

WP/17711/2026 · 2026-07-02

Venkateswarlu Nimmagadda

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 03.07.2026 Date of uploading : APHC010336642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17711/2026 Between: 1. KEI RAJAMAHEDRI RESORTS PRIVATE LIMITED, D. NO. 5-1-36 TO 43, GAUTHAMA GHAT, RAJAHMUNDRY, EAST GODAVARI DISTRICT - 533101. REP.BY ITS GENERAL MANAGER, ANNEPU SURESH, S/O ANNEPU APPALA NAIDU, AGED ABOUT 60 YEARS. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.522238 2. THE EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED APEPDCL, REP. BY CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, NEAR GURUDWARA, P AND T COLONY, SEETHAMMADHARA, VISAKHAPATNAM-530013. 3. THE SUPERINTENDING ENGINEER OPERATION CIRCLE, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED (APEPDCL), RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 533101 ...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 topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in issuing G.O. Ms. No. 7 Energy (Power-il) Department dated 08-04-2022 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 levy electricity duty @ Rs.0.06 Raise only from the petitioners service connections and pass IA NO: 1 OF 2026 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 to levy electricity duty @ Rs.0.06 Raise only from the petitioner’s service connection pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. K V UPENDRA GUPTA Counsel for the Respondent(S): 1. GP FOR ENERGY The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17711/2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in issuing G.O.Ms.No.7, Energy (Power-II) Department dated 08.04.2022 where under the levy of electricity duty was increased from Rs.0.06 paise per unit to Rs.1.00 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 levy electricity duty @Rs.0.06 paise only from the petitioner’s service connections and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that respondent Nos.2 and 3 herein are levying electrical charges against the petitioner’s electricity supply connection at the rate of Rs.1/- as per G.O.Ms.No.7 dated 08.04.2022. He further submits that the said G.O. was challenged before this Court on the ground that the petitioner is liable only Rs.0.06 ps. as per regulations of respondent No.2. He further submits that in similar circumstances, the Division Bench of this Hon’ble Court held that respondent No.2 is not entitled to collect Rs.1/- per unit contrary to Rs.0.06 ps. per unit as per its regulations. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel for the respondent Nos.2 and 3 on oral instructions submits that after the judgment of this Court, the 4 respondents are collecting the charges only Rs.0.06 ps. per unit for HT category consumers. Since, the petitioner is also a HT category consumer, now the respondents are charging only Rs.0.06 ps. per unit and not at the rate of Rs.1/- per unit. 5. In reply, learned counsel for the petitioner also furnished monthly consumer charges bill dated 03.09.2025 issued in favour of the petitioner, which indicates that the respondents charged only Rs.0.06 ps. per unit. 6. Heard both the learned counsel and perused the material placed on record. In view of the oral instructions as well as electricity bill for the month of September, 2025, furnished by the learned counsel for the petitioner, it is evident that the petitioner was charged at the rate of Rs.0.06 ps. per unit. As such, the grievance of the petitioner was already considered by charging at the rate of Rs.0.06 ps. instead of Rs.1/- per unit. Therefore, no further orders are necessary. 7. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:03.07.2026 BSP/TPS Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 07 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17711/2026 Date:03.07.2026 BSP/TPS