Andhra Pradesh High Court
WP/24378/2006 of M/S. CHAROEN POKPHAND (INDIA) PVT. LTD., Vs UNION OF INDIA REP BY THE SECY, NEW DELHI & 2 OTHERS on 7 October 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 24378 of 2006 Bench Sr.No:-23 [3584] M/s. Charoen Pokphand (India) Pvt. Ltd. ...Petitioner Vs. Union of India rep by the Secretary, Ministry of Energy, New Delhi and Others ...Respondent(s) ********** CORAM : THE CHIEF JUSTICE LISA GILL
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APHC010289392006
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT PETITION NO: 24378 of 2006 Bench Sr.No:-23
M/s. Charoen Pokphand (India) Pvt. Ltd. ...Petitioner Vs. Union of India rep by the Secretary, Ministry of Energy, New Delhi and Others ...Respondent(s) ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 8th October 2026 Present: Advocate for Petitioner: MR. V S R ANJANEYALU, SENIOR COUNSEL Advocate(s) for Respondent(s): GP FOR ENERGY, DEPUTY SOLICITOR GENERAL OF INDIA *** ORDER: (per Hon’ble Sri Justice Challa Gunaranjan)
Present writ petition, under Article 226 of the Constitution of India, is filed with the following prayer: “… to issue a writ, order or direction, more particularly one under Writ of Mandamus declaring: (a) Section 3B of Andhra Pradesh Electricity Duty Act, 1939 (Act 14 of 2003), as ultra vires of the powers of the State Legislature; (b) The notification in G.O.Ms. No.117, Energy (RE), dated 13.10.2003, as ultra vires the Andhra Pradesh Electricity Duty Act, 1939 and Rules made thereunder; (c) Levy of electricity duty @ 25 ps. per unit only on the captive consumers is discriminatory and mala fide exercise of powers by the State
HCJ & CGR,J W.P.No.24378 of 2006 Government and violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India, and to pass such other order or orders ….”
2. Learned Government Pleader for Energy, appearing for respondents 2 and 3, at the outset, submits that the relief claimed in the writ petition is squarely covered against petitioner in view of common order rendered in Rane Engineering Valves Ltd. v. State of A.P.1.
3. Learned Senior Counsel appearing for petitioner does not deny the same, however, it is stated that, as against aforesaid common order, appeals preferred before Hon’ble Apex Court are pending consideration.
4. Given the facts and circumstances, as the issue raised in the present writ petition is already decided, writ petition, therefore, deserves to be dismissed, upholding the validity of impugned provisions.
5. Accordingly, writ petition is dismissed. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
LISA GILL, CJ CHALLA GUNARANJAN, J cs
1 (2016) SCC OnLine Hyd. 762 = 2016(5) ALD 683 (DB)