IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 7816 of 2002 Between: M/s. Jyothi Sheel Textiles Company Pvt. Ltd. Rep. by its Director S.K. Kabra. Kattedan, Ranga Reddy District. ..... PETITIONER AND 1 Government of Andhra Pradesh Rep. by its Special Chief Secretary to Government and Commissioner of Industrial Promotion, Industries and Commerce Department, A.P.Secretariat, Hyderabad. 2 The Commissioner of Industries Andhra Pradesh, Chirag Ali Lane, Hyderabad. 3 The General Manager District Industries Centre, Ranga Reddy District, Hyderabad. 4 Transmission Corporation of A.P. Limited (A.P.TRANSCO) Rep. by its Chief Managing Director Vidyut Soudha, Khairatabad, Hyderabad. 5 The Chief Engineer (Commercial), Central Power Distribution Company of A.P. limited A.P. Transco, Vidyut Soudha, Somajiguda, Hyderabad. 6 The Superintending Engineer, Operation, Rangareddy Circle, Central Power Distribution Company of A.P. limited A.P. Transco, Mint Compound, Hyderabad. 7 The Assistant Accounts Officer, Electricity Revenue Office, Central Power Distribution Company of A.P. Limited Kattedan Ranga Reddy District. ..... RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 4 to 7 in not extending 25% rebate on power tariff for the initial three years period in terms of G.O.Ms.No.108 Industries and Commerce (IP) Department dated 20-05-1996 and Edibility Certificate No. 2182/B4/2001 dated 17-11-2001 of the 3rd respondent as highly illegal, arbitrary, unjust, and contrary to Section 78(a) of Electricity (Supply) Act, 1948 Counsel for the Petitioner: MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: O.MANOHAR REDDY (SC FOR APTRANSCO) The Court made the following: ORDER: This Writ Petition has been filed by the petitioner seeking to declare the action of the respondents 4 to 7 in not extending 25% rebate on power tariff to the petitioner industry for the initial three years in terms of G.O.Ms.No.108, Industries and Commerce (IP) Department, dated 20.05.1996 as illegal, arbitrary and contrary to Section 78 (a) of the Electricity (Supply) Act, 1948. 2) The petitioner established its industry on 14.06.1999 and started commercial production on 12.03.2001. The Industries Department issued a certificate mentioning that the petitioner industry is eligible for the rebate as mentioned in the G.O.Ms.No.108. 3) The learned counsel for the petitioner submitted that the other rebates were also extended to the petitioner industry by other departments as per the G.O. and as he started new industry on leased premises, he is entitled to the rebate. 4) The learned counsel for the respondents submitted that the service connection was originally issued in the name of M/s.Nisha Industries on 16.04.1991 and as the said unit became sick, the petitioner purchased the same on 01.03.2000 and the Industries Department granted permanent registration certificate on 15.03.2000. Therefore, the petitioner would submit that as per B.P.Ms.No.88, the industries, which were established after 31.03.2000 are not eligible for getting the rebate. Therefore, he requested to dismiss the writ petition by holding that the petitioner industry is not eligible for rebate. 5) Simply because the petitioner took the premises on lease in which M/s. Nisha Industries was inexistence, it cannot be said that the petitioner established new industry and started commercial production from 12.03.2000. 6) The learned counsel for the petitioner further submitted that when the Government issued G.O.Ms.No.108, it prevails on the respective departments and the Electricity Board cannot issue any instructions contrary to the object of G.O. Therefore, the computation of the period cannot be started from the date of extending the connection, but it shall be from the date of commencement of the commercial production. Though the petitioner industry got the previous service transferred in its name, it was a new industry that was established without getting a new connection. 7) The learned counsel for the petitioner further submitted that there are no arrears in the name of parent service connection and simply the connection was given on 11.04.1991 to the earlier industry will not disentitle the petitioner industry to get the rebate. 8) The learned counsel for the petitioner also drew the attention of this Court to a judgment of a learned single Judge of this Court in W.P.No.4540 of 2003 wherein the learned single Judge while allowing the writ petition directed that the petitioner shall get consequential benefits. 9) After scrutiny of the entire material, I am convinced that the petitioner established new industry in the leased premises of the old industry and as the Industries Department also certified that the petitioner is entitled for the rebate as per G.O.Ms.No.108, I have no hesitation to hold that the petitioner is entitled for the rebate as mentioned in the G.O. 10) In the result, the Writ Petition is allowed with all consequential benefits. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 19.02.2008 Isn ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of Andhra Pradesh Rep. by its Special Chief Secretary to Government and Commissioner of Industrial Promotion, Industries and Commerce Department, A.P.Secretariat, Hyderabad. 2 The Commissioner of Industries Andhra Pradesh, Chirag Ali Lane, Hyderabad. 3 The General Manager District Industries Centre, Ranga Reddy District, Hyderabad. 4 Transmission Corporation of A.P. Limited (A.P.TRANSCO) Rep. by its Chief Managing Director Vidyut Soudha, Khairatabad, Hyderabad. 5 The Chief Engineer (Commercial), Central Power Distribution Industry of A.P. limited A.P. Transco, Vidyut Soudha, Somajiguda, Hyderabad. 6 The Superintending Engineer, Operation, Rangareddy Circle, Central Power Distribution Industry of A.P. limited A.P. Transco, Mint Compound, Hyderabad. 7 The Assistant Accounts Officer, Electricity Revenue Office, Central Power Distribution Industry of A.P. Limited Kattedan Ranga Reddy District. 8. 2 CCs to 9. 2 CD copies