WP/1147/2026 of Rain CII Carbon (Vizag) Limited, Vs The State of Andhra Pradesh on 4 March 2026

1. RAIN CII CARBON (VIZAG) LIMITED,, THROUGH ITS AUTHORIZED REPRESENTATIVE HAVING ITS SEZ UNIT AT PLOT NO. 46A AND 46B, APSEZ ATCHUTAPURAM, ANAKAPALLI DISTRICT ANDHRA PRADESH - 531 011 HAVING ITS REGISTERED OFFICE AT. RAIN CENTER, 34, SRINAGAR COLONY HYDERABAD, TELANGANA - 500

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PRINCIPAL SECRETARY.

ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

2. EASTERN POWER DISTRIBUTION COMPANY OF A P LTD, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, 3RD FLOOR, CORPORATE OFFICE, P AND T COLONY, SEETHAMMADRA, VISAKHAPATNAM

3. THE SENIOR ACCOUNTS OFFICER, APEPDCL OPERATION CIRCLE, ANAKAPALLI

...RESPONDENT(S):

NJS,J

Counsel for the Petitioner:

1. BABEPALLI POOJITHA Counsel for the Respondent(S):

1. GP FOR ENERGY

2. V V SATISH (SC for APEPDCL)

NJS,J

The Court made the following Order:

Heard Ms. Ponnam Verma Sengupta, learned counsel appearing through online on behalf of the petitioner. Also heard Ms. Aishwarya Chowdary, learned Junior Standing Counsel representing Mr. V V Satish, learned Standing Counsel for A.P.E.P.D.C.L.

2. At the time of considering the matter, it is noted 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.

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

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:05.03.2026 Ksj