mGLE 3mm w \ 3: l N THE HON’BLE HIGH COURT OF CHHATTISGARH AT ILASPUR WRIT PETITION A/ £6) 7 N05 ' C76“ /QF 2008 PETITIONERs / 1. JindalSteeI&PowerLimited A Company incorporated under the Companies Act, having its Registered Office atO. P. Jindal Marg, Hissar, (Haryana) &Works at Post Box No. 16, Kharsia Road, Raigarh - 496 001 (Chhattisgarh) {,2 Arvind Dave, S/o Jagdish Lal, aged about 4O years, Share Holders & Manager (F&A) of Jindal Steel & Power Limited, Post Box No. 16, Kharsia Road, Raigarh 496 001 (Chhattisgarh) VERSUS RESPONDENTS ,1. State of Chhattisgarh, through the Secretary, Department of Energy, Mantrataya, Dau Kalyan Singh Bhawan, Raipur (Chhattisgarh) , 2. Appellate Authority-cum - Special Secretary, Department of V Energy, .Government of Chhattisgarh Mantralaya, Dau Kalyan Singhr Bhawan, Raipur (Chhattisgarh) Chief Electrical Inspector ‘ ,t , V Government of Chhattisgarh, "’ / ‘ 32/437, Bazar, First Raipur- Floor, 492 Byron 001 (Chhattisgarh) WRIT PETITION UNDER ARTICLE 227 READ WITH, ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR SSUANCE OF WRIT IN NATURE OF CERTIORARI ANDAMUS AND OTHER SUITABLE WRIT OR WRITS, DIRECTION OR DIRECTIONS, ORDER OR ORDERS: I W I M ‘3)3 HESH COURT OF CHHAT'HSGARH AT BELASPUR WRIT PETITION (C3 N0. 50G2 OF 2008 WRH' PETBTION UNDER ARTICLE 227 READ WITH ARTICLE 226 OF THE CONSTWUTION OF INDIA ri‘ ‘- (sB : Hon’ble Mr. Satish K. Agnihotri, J.) Present:— Shri L.Nageshwar Rao, Sr. Advocate with Shri Ashish Shrivastava, Anil Dutta & Santosh Arishnan, Advocates for the petitioners. Shri Kishore Bhadurii Additional Advocate Generai for the Statel respondents. ORDER{0RAL) (Passed on 28‘“ day of September, 2010) The petitioners impugn the order dated 28.62008 (Annexure P46) and consequently demand notices dated 20.5.2005; 14.7.2008 8. $512008: issued after order dated 28.6.2008 was passed by the State Government, under the provisions of Rule 13 of the Chhattisgarh Electricity Duty Rules. 1949 (for short “the Rules. 1949§ Learned counsel appearing for the petitioners submits that the. appellate authority i.e‘. Special Secretary to the State of Chhatttsgarh has infect not considered the issue raised in application dated 18‘“ June, 2005 filed before the Secretary, Department of Energy, Government of Chhattisgarh under the provisions of 13 of the Ruies, 1949. 3. Shri Bhaduri, teamed counsel appearing tor the respondents! State does not. Controvert the above submission and submits that the “\‘1 Petiticners Jindai Steei & Power Limited & Another Versus Resnondents State ofrChhattisgarh & Others W ‘ case may be reconsidered by the Semetary, Department of Energy and a reasoned arder may be passed. On perusal of appeal filed by the petitioners, it appears that the petitioners are claiming exemption from payment of electricity duty under notification dated 18.8.2003, wherein the new units in the thrust sector are exempted from payment of electricity duty. The Speciai Secretary to the Government by impugned order dated 28.6.2G08 has considered the case in View of the notitication dated 29.7.2000, whereunder some exemption was granted to the petitioner. it was not in dispute before the Authority, though, the provisions of notification dated 18.8.2003 has been stated, but no reasoned decision has been taken thereon. Thus; in the interests of justice, order dated 28.6.2008 stands > quashed and the matter is remitted back to the Secretary to the Government for considering afresh the appeai/ application filed by the petitioner after granting proper opportunity of hearing to both the parties, on the issue invoived in the case. The parties are at liberty to raise ail the points as advised in the dispute. Any demand pursuant to the impugned order, which stands quashed would automaticaliy come to an end. in View of foregoing, the petition stands disposed of. No order asto costs. iSatish K. Agnihotrii Judge ashok Sdl- \x‘ “ »,V r