IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE NINETH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY WRIT APPEAL NO : 1528 of 2001 Between: Mahalakshmi Refinaries Adilabad, rep., by its Prop: Manojkumar. ..... APPELLANT AND The Superintending Engineer (Operation) and two others. .....RESPONDENTS Counsel for the Appellant: SRI G. PRAMOD KUMAR Counsel for the Respondents.: SRI O. MANOHAR REDDY The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY WRIT APPEAL NO :1528 of 2001 JUDGMENT: (per Hon’ble Smt Justice T. Meena Kumari) The present writ appeal has been filed against the order passed by the learned single Judge in WP No.15384 of 1995, dated 23.7.2001. The appellant herein is the writ petitioner. The above writ petition was filed seeking to declare that the petitioner-industry is entitled for 25% rebate in power tariff with effect from 7.11.1990 in terms of proceedings No. A/852/92, dated 24.8.1992 issued by respondent No.3 and to declare that the action of respondents 1 and 2 in rejecting the claim of the petitioner-industry for 25% rebate, as illegal and arbitrary. The learned single Judge having relied upon the judgment of the Apex Court in A.P. RICE BRAN SOLVENT EXTRACTORS’ ASSOCIATION Vs. GOVERNMENT OF A.P.[1] and having observed that the petitioner- industry is involved in production of cotton seed oil and it is a foodstuff within the meaning of the Essential Commodities Act, which is excluded from receiving any power tariff rebate and that the issue as to whether the rebate in power tariff to small scale units can be allowed or not, is a matter within the realm of the executive authority, dismissed the writ petition. Having aggrieved by the same, the writ petitioner has filed the present writ appeal. Heard the learned Counsel for the appellant and the learned Counsel appearing for the respondents and perused the material available on record. It is the case of the appellant-industry that it is entitled for rebate of 25% in power tariff in view of G.O.Ms.No.654, dated 13.7.1976 for a period of three years from the date of commencement of production. It is also the contention of the learned Counsel for the appellant-industry that the eligibility certificate was issued by the General Manager, District Industries Centre, Adilabad, dated 24.8.1992 declaring that the appellant--industry is entitled for 25% rebate in power tariff and therefore, the appellant-industry is entitled to receive rebate in power tariff. The above G.O. goes to show that 25% concession in power tariff should be extended to any new industrial units going into regular production on or after 1.1.1976 and the said concession should not be applicable to the 65 excluded industries notified in G.O.Ms.No.224 Industries & Commerce Department, dated 9.3.1976, wherein the revised scheme of State incentives was approved. From the list appended to G.O.Ms.No.654, it is clear that the Oil Mills crushing edible oil seeds are not eligible for 25% rebate in power tariff. In view of the spirit of the G.O.Ms.No.654, it can be said that the appellant-industry, which is producing cottonseed oil, is excluded from receiving rebate in power tariff. But, contrary to the norms fixed in the said G.O., the third respondent issued the eligibility certificate. In this view of the matter, the contention of the learned Counsel for the appellant-industry that the appellant-industry is entitled to concession, cannot be accepted. Under the above circumstances and in view of the norms fixed in the said G.O., we have no hesitation to hold that the order of the learned single Judge does not suffer from any illegality or irregularity warranting interference of the Court and hence, this appeal is liable to be dismissed. Accordingly, the writ appeal is dismissed. No costs. _______________________ Justice T.Meena Kumari ________________________ Justice G.V. Seethapathy Dated: 9th September, 2009 Nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY WRIT APPEAL NO :1528 of 2001 (Judgment of the Division Bench delivered by the Hon’ble Smt Justice T. Meena Kumari) 9th September, 2009 [1] AIR 1983 AP 206