@ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) No. \%§L OF 2011 PETITIONER : ’ M/s Neeraj Power Private Limited, through its Director Shri Sunil Kumar Agrawal, S/o Shri Premchand Agrawal, aged about 31 years, resident of H/20, Anupam Nagar, Raipur, having its registered office at 58, Gandhi Chowk, Nevra, District Raipur (C.G.) State of Chhattisgarh, Through: The Secretary, Department of Industries, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Chief Electrical Inspectorate, State of Chhattisgarh, Raipur, Distt. Raipur (C.G.) Superintending Engineer (Electricai Safety) & Chief Electric Inspector, State of Chhattisgarh, Raipur, District Raipur (C.G.) The Tehsildar, Tilda, Raipur, District Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OF MANDAMUS, CERTIORARI OR ANY OTHER WRIT/WRITS OR ORDERIORDERS OR DIRECTION OR DIRECTIONS OF THE LIKE RESPONDENTS : / 1. 1. PARTICULARS OF THE PETITIONER. As set out in cause title above. ‘ VERsus (Writ Petition under Article 226 of the Constitution of India) Single Bench : Hon’bie Shri Satish K. Agnihotri, J. Present :- Shri Bhaskar Payasi, Advocate for the petitioner. Shri V.V.S. MUIthy, Dy. Adv. General for the State. ORDER ORAL (Passed on this 11‘ day of May, 201 1) Heard Iearned counsel for the parties. By this petition, the petitioner seeks to quash the Revenue Recovery Certificate issued by the Tahsildar, Tilda, District Raipur. Further, to declare that the petitioner company is not liable to pay electricity duty as total exemption has been provided by the Industrial Policy for the year 2004 to 2009, being Special Thrust lnldustry involved in power generation from non-conventional SOUrCe. Learned counsel appearing for the petitioner submits that the petitioner is a thrust industry, as laid down in the State Industrial Policy, 2004-09, petitioner having established a non-conventional power generation plant in the year 2006. He further submits that under the State Industrial Policy, in para 3 relating to Electricity Duty Exemption, the petitioner is entitled to total exemption for the period of 15 years from the date of commencement of commercial production. Learned counsel also submits that having declared such exemption, the respondent cannot refuse and therefore, the petitioner is entitled to exemption from electricity duty in respect of the period of the period from December, 2006 to February, 2008. It is further submitted that when demand notice was issued, the COURT OF CHHATI'ISGARH : BILASPUR WRIT PETITION (C) NO.1852 OF 2011 65 PETITIONER M/s Neeraj Power Private Limited Versus RESPONDENTS State of Chhattisgarh & Others @ claiming exemption from payment of electricity duty, but petitioner's application for,exemption from payment of electricity duty has not been considered nor any decision has been taken and instead, proceedings for recovery has been issued against the petitioner. From the averments made in the petition, it is found that the petitioner claims to have established a non-conventional energy generation unit in the year 2006. ‘ The Industrial Policy for the year 2004 to 2009 provides for exemption with regard to payment of electricity duty for all thrust industries as contained in para 3 thereof. Therefore, the claim of the petitioner does not appear to be frivolous and requires consideration. In these circumstances, this Court deems it expedient to direct the Chief Electrical Inspector—respondent No.2 to decide petitioner's claim for exemption from payment of electricity duty, in respect of the period from December 2006 to February, 2008, in accordance with law. The petitioner would be at liberty to submit fresh representation along with relevant details before respondent No2, within a period of one month from today. On such representation made, respondent No.2 shall decide petitioner'sclaim for eligibility. Until the claim of the petitioner for grant of exemption is decided, no coercive steps shall be taken by any of the respondents to recover electricity duty under demand notice. Accordingly, the writ petition is‘disposed of. Sd/-' Satish K. Agnihotri Gowri Judge l