Kaveri Enterprises Vs the State of Andhra Pradesh — Andhra Pradesh HC (2026) — LawSathi Research

Kaveri Enterprises Vs the State of Andhra Pradesh — Andhra Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of in terms of the order dated 24.09.2025: the electricity-duty direction (@ 6 paise per unit per Government Order dated 09.12.1994) applies to these petitioners until modified by the Supreme Court; non-parties to the Division Bench proceedings are left at liberty to approach the Supreme Court; no costs; miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether this Writ Petition, involving petitioners (some of whom were not parties to the earlier Writ Petitions/Writ Appeals), should be disposed of in terms of the order dated 24.09.2025 passed in similar circumstances, having regard to the Supreme Court order dated 19.09.2025.

Court's answer

The Writ Petition is disposed of in terms of the order dated 24.09.2025 (itself made having regard to the Supreme Court order dated 19.09.2025), 'for the reasons alike', with no order as to costs, and miscellaneous petitions pending, if any, stand closed.

Ratio / Principle

The direction rendered against the Government to collect electricity duty @ 6 paise per unit as per Government Order dated 09.12.1994 shall also apply to the present Writ Petitioners until such Order is modified by the Hon'ble Supreme Court.

Key takeaways

Such of the Writ Petitioners in the present batch who were not parties to the proceedings before the Division Bench of this Court would have the liberty to approach the Hon'ble Supreme Court, if they are so advised.ratio¶32
The basis for disposing of the petitions in these terms is that the issue of refund is also subject matter before the Hon'ble Supreme Court, where stay has been granted to the extent of refund.ratio¶27

Detailed headnote1 paragraphs

Writ Petition (Kaveri Enterprises, proprietor and 53 petitioners in all, v. State of A.P., APCPDCL and Superintending Engineers, APCPDCL, Guntur/Ongole/Vijayawada) — Ninala Jayasurya, J.: At the hearing, counsel on both sides submitted that in similar circumstances a learned Judge of this Court, by order dated 24.09.2025, disposed of W.P Nos.40124 of 2022 and batch in terms of the Hon'ble Supreme Court's order dated 19.09.2025 in Special Leave to Appeal (C) No.26194 of 2025 — arising out of the Division Bench judgment dated 26.06.2025 in W.A No.1043 of 2023 — whereby stay was granted to the extent of refund, leaving non-parties free to approach the Supreme Court. In the light of those orders, and adopting the operative directions of the order dated 24.09.2025, this Court disposed of the writ petition: the direction against the Government to collect electricity duty @ 6 paise per unit as per Government Order dated 09.12.1994 applies equally to these petitioners until that Order is modified by the Hon'ble Supreme Court; petitioners not party to the Division Bench proceedings retain liberty to approach the Supreme Court if so advised; disposal 'for the reasons alike', no costs; miscellaneous petitions, if any, stand closed.

[3209]

APHC010127362024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 6694/2024

Between:

KAVERI ENTERPRISES, (ONG 327) KURNOOL ROAD , ONGOLE REP. BY ITS PROPRIETOR SANDI REDDY ANANADA RAO and 52 others

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY ENERGY DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI - 522 237, GUNTUR DISTRICT.

ANDHRA PRADESH CENTRAL POWER DISTRIBUTION CORPORATION LIMITED APCPDCL, , BESIDE POLYTECHNIC COLLEGE, ITI ROAD, VIJAYAWADA - 520 008, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR

THE SUPERINTENDING ENGINEER, APCPDCL, OPERATION CIRCLE, GUNTUR, GUNTUR DISTRICT

THE SUPERINTENDING ENGINEER, APCPDCL, OPERATION CIRCLE, ONGOLE, PRAKASAM DISTRICT

THE SUPERINTENDING ENGINEER, APCPDCL, OPERATION CIRCLE, VIJAYAWADA, NTR DISTRICT

...RESPONDENT(S):

Counsel for the Petitioner(S): 1.K V UPENDRA GUPTA

Counsel for the Respondent(S): 1.V V SATISH (SC for APEPDCL)

2.GP FOR ENERGY (AP)

NJS,J W.P No.6694 of 2024

2

The Court made the following Order:

Heard Mr. K V Upendra Gupta, learned counsel for the petitioners. Also heard Mr. Kondeti Ashok, learned counsel representing the learned Standing Counsel for APEPDCL.

At the time of considering the matter, the learned counsel on both sides submit that in similar circumstances, a learned Judge of this Court 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.

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.

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

NJS,J W.P No.6694 of 2024

3

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.”

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:27.01.2026 Ksj