^ 3EFORE THE HON'BLE HI6H COURT OF CHHATISGARH AT BILASPUR .^^. W.P.(C) No:.:..:..../2011 Petitioner: '-..•' "";^9-""\\.' ^ ^.'T2\%^° ^^^w^' ^^] ^'....?'"''' .-•-'" ><•" . .-^" ^v^" Respondents: P^^^Z M/s K.V.K. Bio-Energy Pvt Ltd. Through its Authorized Representative P.N. Prasada Raju,, S/oShriP.V.S.N.Rajui, Aged about 34 years, R/o KVK Bio-Energy Premises. N/H. No.49, Amartal (Village) Talai P.0. Akaltara, Janjgir Janjgior Champa t>ist, CQ State. Versus 1.5tate of C6, Through Secretary, (Energy), ©ovtof C.6. DKS Bhawan, Raipur Raipur t>ist, CQ State. 2. Chisf Etectrical Inspector, 6ovt of C.&., 36/437, Ist Floor, Bairan Bazar, Raipur, Raipur Dist (CG) 3. Super-intending Engineer, Qffice of Chief Electrical Inspector, 36/437,1st Floor. Bairan Bazar, Raipur, Raipur Dist (CG) 4, Dist Coltector, Collectorate, Janjjgir Champa, (C6 State). B liSifiBFii'Nfli'iNwSiSB'Ki^K.. b 5. The Tahsildar, Tahsit Office, Akaltara, Janjgir, Janjgir Champa Dist, C6 State. WRIT PETTTION UN&ER ARTICLE 226 OF THE CONSTITUTION OF INblA FOft ISSUANCE OF APROPRIATE WRITfS) / OROER (S) / DIREDCTION (St, ETC. 3^^ <y 'w mOH COURT OF CHHATTISGARH AT BILASPUR PETmONER WRTT PETmON (0 No. 3676 of2011 M/s. K.V.K.Bio-EnergyPvt. Ltd. RESPONDENTS VERSUS State ofC.G. & Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTHZmON OF INTaA SB: Hon'ble Shri Satish K. AsnBiotei. J. Preseid: Sbn K.R.Nair, Advocate far the petitioner. Shri V.V.S.Moorthy, Deputy Advocate General forlfae State/respon<tents. ORDERtORAL) (Passed on 11th day ofJuly, 2011) This petition has been filed by the petrtioner aggrieved by demaad notice issuedon 28.06.2010 (Amiexure P/l), by which fiie petitioner has been required to pay electricity duty in respeet ofeonsumption of electrieity. Shri Nair, leMned counsel forthe petitioner sutmiite that the petitioner is a tfarust industry as laid down in the State ItKiustrial Poliey, 2004-09 and have established a non-conventional power gener^ion plant in the year 2006. He furiher submits fhat under tiie State Industrial Poliey, in para 3 relating to Electricity Duty Exemptiwi, Ihe petitiener is entitled to total exemption for Ifae period of 15 ywss from the date of conimencement of commercial production. It is submitted Ifaat Ifae State having declared exemption and representation having beea made, the petitioner altered his position by acting cm the said representation by establisUng non-conventional power gena'ation plairt. Shri Nair, further suhmits that the issue involved m tfae present petition has been considered and decided by this Court mM/s. Sudha ^.J-iss ^ •i». Agro Oil & Chemical Industries Ltd. v. State of Clihattisgarh & Other^. Leamed counsel appearing for the other side fairly sutMnite th^ the faets and issue involved in the present writ petition is identical to that ofM/s. Sudha Agro Oil & Chemical Indtstries Ltd. aad the mstant petition may also be disposed ofin the same tenns. In view of the above submission made by leamed oounsel fhr the parties, Ifais petition is disposed ofin terms ofthe order passed mM/s. Sudha Agro Oil & Chemical Industries Ltd. i.e. Ihe Chitf Eteefrieal Inspector-respondetrt No.2 diall decide petitioner's claim for exemption from payment of electricity duty, in respect ofthe period from January, 2006 to October, 2010, in aeeordance with law. The petitioner would be at libertyto submit fi-esh rqa-esentation atong iwth relevant details befwe respondent No.2, wifhin a period ofone month fromtoday. On such represeirtation, being made, respondent No.2 shall deeide petitioner's claim fw eligibility. Uirtil the claim of the petitianer for grant ofexemption is decided, no coercive steps diall be taken by any of the respondents to recover el«^ricity duty under demand notice dated 28.06.2010 (Annexure P/l). In view offoregoing, the writ petition stands disposed of. Sd/- Satish K. Agnihotn Judge ' W.P.CC) No. 3325/2011, decided on 27.06.2flll