Dismissed

Orissa Power Consortium Ltd., v. State of Andhra Pradesh, through Principal Secretary

Telangana HC22 Jan 2013WP/29850/2010

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What is this about?

The court dismissed the writ petition as withdrawn. Permission was granted for withdrawal based on a letter from the Government of Andhra Pradesh indicating willingness to agree to the petitioner's request if the court case was withdrawn.

What did the court decide?

Permission granted to withdraw the writ petition; writ petition dismissed as withdrawn; liberty granted to file fresh petition if new cause of action arises.

Orissa Power Consortium Ltd., Vs State of… — Contract and Commercial Disputes | Telangana HC (2013)

¶1

THE HON’BLE SRI JUSTICE G.CHANDRAIAH

¶2

W.P.No.29850 OF 2010

¶3

ORDER

¶4

This writ petition is filed by the petitioner seeking to direct the 1^st and 2^nd respondents to honour MOUs executed as a follow on in terms of the original policy decision taken by the respective Governments and to permit the petitioner to proceed with implementation of both the projects; to direct the 1^st respondent to forthwith approve the land lease agreement and power purchase agreement of JHEP already signed with the 5^th respondent and to finalize and approve the PPA and DPR of the Chitrakonda Hydro Electric Power Project; to restrain the 1^st respondent from taking any action pursuant to letters dated 1.10.2004, 27.10.2004, 8.9.2010 and 5.10.2010 addressed to the 4^th respondent, subject to implementation of projects through a joint venture company, which were already awarded to the petitioner.

¶5

While admitting the writ petition, this Court granted status quo on 30.11.2010 in WPMP No.38034 of 2010.

¶6

Learned counsel for the petitioner would submit that the Government of Andhra Pradesh, Energy (Power.I) Department, addressed a letter dt.26.11.2012 to the Commissioner-cumSecretary, Government of Orissa, Bhubaneshwar, Orissa by marking a copy to the petitioner stating that the Government of Andhra Pradesh has considered the matter and is willing to agree the request of Orissa Power Consortium Limited subject to withdrawal of the Court case filed by the petitioner.

¶7

For better appreciation, I may refer paragraph No.4 of letter dated 26.11.2012.

¶8

“The Government of Andhra Pradesh has considered the matter and is willing to agree to request of MD, Orissa Power Consortium Limited to entrust the implementation of Jalaput Dam Toe Hydro Electric Project to M/s. Orissa Power Consortium Limited, subject to withdrawal of the Court case filed by the OPCL in the Hon’ble High Court of Andhra Pradesh on which there is a stay order of the Hon’ble High Court involving (2 x 30 MW) Chitrakonda (Balimela) as well as Jalaput 18 MW project.”

¶9

Having regard to the submission made by the learned counsel for the petitioner and in view of Clause No.4 of letter dated 26.11.2012, permission is granted to the petitioner to withdraw the writ petition.

¶10

Accordingly, the writ petition is dismissed as withdrawn. However, liberty is given to the petitioner to file a fresh writ petition, if he is aggrieved by the new cause of action, if any. No costs.

¶11

_____________________ JUSTICE G.CHANDRAIAH

¶12

Dt.22.1.2013 rkk

Orissa Power Consortium Ltd., v. State of Andhra Pradesh, through Principal Secretary

Case brief

What is this about?

What did the court decide?

Orissa Power Consortium Ltd., v. State of Andhra Pradesh, through Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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