M/s Bag Tubes Vs The State of Andhra Pradesh

M/S BAG TUBES, REP BY ITS MG. PARTNER SRI. KULDEEP CHOUDHARY, S/O. RAJA RAM CHOUDHARY AGED ABOUT 28 YEARS, OCCBUSINESS BHUPALAPATNAM VILLAGE, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT S.C. NO. RJY 1700.

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M/S THE JAMPETA CO-OPERATIVE URBAN BANK, REP BY ITS CHAIRMAN BOMMANA JAYA KUMAR, S/O. LATE. RAJ KUMAR, AGED ABOUT 35 YEARS, OCC- BUSINESS BESIDE GANDHI STATUTE, JAMPETA, RAJAHMUNDRY EAST GODAVARI DISTRICT. S.C.NO. 1432020202033707.

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M/S. SUN FOOD CORPORATION, REP BY ITS PROPRIETOR R. PRATAP NAIR, S/O. LATE RAVENDRA NATHAN NAIR AGED ABOUT 63 YEARS, OCC- BUSINESS MEEDIWADA VILLAGE, RAVIKAMTAM MANDAL ANAKAPALLI DISTRICT. S.C.NO. 1156542804000783.

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M/S. MYTHRI PET INDUSTRIES, REP BY ITS PROPRIETOR SMT. NARAYANASETTY LEELA, W/O. DILEEP KUMAR AGED ABOUT 39 YEARS, OCC- BUSINESS KUSALAPURAM VILLAGE, SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT S.C.NO. SKL 753

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M/S. JAYAPRABHA POLYMERS, REP BY ITS PROPRIETOR M. JAYAPRABHA, AGED ABOUT 38 YEARS, OCC- BUSINESS PLOT NO. C 1, ROAD NO. 2, APIC ONGOLE POST, INDUSTRIAL ESTATE, PERMANITTA, ONGOLE, PRAKASAM DISTRICT S.C.NO. ONG 2257.

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...PETITIONER(S)

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NJS,J W.P No.25552 of 2025

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2

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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A P EASTERN POWER DISTRIBUTION CORPORATION OF ANDHRA PRADESH LIMITED APEPDCL, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, SEETHAMMADHARA, VISAKHAPATNAM.

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A P CENTRAL POWER DISTRIBUTION CORPORATION OF ANDHRA PRADESH LIMITED APCPDCL, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, KRISHNA NAGAR, VIJAYAWADA

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SUPERINTEND ENGINEER AND SENIOR ACCOUNTS OFFICER, APEPDCL (OPERATIONS) CIRCLE OF EAST GODAVARI DISTRICT

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SUPERINTEND ENGINEER AND SENIOR ACCOUNTS OFFICER, APEPDCL (OPERATIONS) CIRCLE OF ANAKAPALLI DISTRICT

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SUPERINTEND ENGINEER AND SENIOR ACCOUNTS OFFICER, APEPDCL (OPERATIONS) CIRCLE OF SRIKAKULAM DISTRICT

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SUPERINTEND ENGINEER AND SENIOR ACCOUNTS OFFICER, APCPDCL (OPERATIONS) CIRCLE OF PRAKASAM DISTRICT

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Counsel for the Petitioner(S):

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1.VUYYURU LAKSHMANA RAO

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Counsel for the Respondent(S):

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1.GP FOR ENERGY

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2.V V SATISH (SC for APEPDCL)

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NJS,J W.P No.25552 of 2025

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The Court made the following Order:

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Heard Mr. Vuyyuru Lakshmana Rao, learned counsel for the petitioners. Also heard Ms. Aishwarya Chowdary, learned counsel representing the learned Standing Counsel for APEPDCL.

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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.

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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:-

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“…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.

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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.

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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.

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8. Also, needless to state that such of those Writ Petitioners in the present batch who were not parties in the proceedings before the

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NJS,J W.P No.25552 of 2025

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Division Bench of this Hon’ble Court would have the liberty to approach the Hon’ble Supreme Court, if they are so advised.

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9. With these observations and directions, this batch of Writ Petitions is disposed of. No order as to costs.

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10. Interlocutory Applications, if any, stand closed in terms of this order.”