IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 32866 of 1997 Between: 1 Venkata Rama Pottaries, Rep. by its Managing Partner, Dasari Srinivasa Rao, S/o. Venkateswara Rao, Rajahmundry, East Godavari District. (The Cause title amended as per Court Order dt. 4.2.98 in W.P.M.P.No.2150/98) 2 Annapoorna Insulators, Rep. by its Managing Partner, Kola Ramesh, S/o. Sriramulu, Rajahmundry, East Godavari District. ..... PETITIONERS AND M/s. Singareni Colleries Company Limited, Rep. by its Chairman, Post Box No.18, Mohar Manzil Red Hills, Hyderabad. .....RESPONDENT 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 an appropriate writ, order or direction particularly in the nature of Writ of Mandamus declaring the action of the Respondent in treating the Petitioners as unlinked customers and collecting 20% additional levy on notified prices of coal as per price Notification No.3/96-97, dt. 14.3.1997 issued by it is irrational, arbitrary, discriminatory and violative of Article 14 of the constitution of India and restrain the Respondent-Company from collecting 20% additional price from the Petitioners and consequently direct to refund the amounts already collected. Counsel for the Petitioners: MR.SUBBA RAO KORRAPATI Counsel for the Respondent: MR.K.SRINIVASAMURTHY The Court made the following: ORDER: It is submitted that in view of the decision reported in ESWARA LAMINATES (P) LTD. v. SINGARENI COLLERIES CO., LTD. [1], the writ petition may have to be dismissed. The submission is hereby recorded. Accordingly, in view of the aforesaid decision, the writ petition is dismissed. No order as to costs. __________________ (P.S.NARAYANA, J) Dated February 24, 2005. YCR TO 1. The Chairman, M/s. Singareni Colleries Company Limited, Post Box No.18, Mohar Manzil Red Hills, Hyderabad. 2. 2 C.D. copies. [1] 1998 (3) ALD 731 (DB)