This judgment is a common order dismissing Writ Petition No. 3780 of 2018 and Writ Appeal No. 40 of 2020 as withdrawn by the petitioner, without imposing any order as to costs.
Writ petition and Writ appeal were dismissed as withdrawn; miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND
THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY
WRIT PETITION NO: 3780 OF 2018 AND
WRIT APPEAL 40 OF 2O2O
WP No: 3780 of 2018
Between:
GMR Hyderabad lnternational Airport Limited,, GMR Aero Towers, RGIA, Shamshabad, Hyderabad, Represented by its Head Legal, Mr. K.B.S. Sarma
...PET|T|ONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly, one in the nature of writ of Mandamus declaring the action of the 2nd Respondent in issuing Order No. 3Ot2O17-18 dated 19.12.2017 and seeking to determine the Aeronautical Tariff in respect of the Petitioner for the 2nd Control Period (01.04.2016 to 31 .03.2021) during thependency of WP No. 22474 of 2014 and Appeal No. 2 of 2014 as illegal, arbitrary, unconstitutio nal and contrary to theprovisions of the AERA Act and the Concession Agreement daled 20.12.2004 and consequently declare and direct that any determination made by the 2nd Respondent in relation to the tariff with respect to the 2nd Control Period (01 .04.2016 to 31.03.2021) would begiven effect to only after the issues relating to the Pre-Control Period deficit, Cargo, Ground Handling, Fuel Services and Forex Losses, etc.,are finally adjudicated in WP No.22474 of 2014 and Appeal No. 2 ol 2014 for the 1 "t Control Period (01 .04.201 1 to 31 .03.201 6).
lA NO: 1 OF 2018
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to finalize the determination of the Aeronautical Tariff in respect of the Petitioners airport for the 2nd Control Period (01.04.2016 lo 31 .03.2021), pending disposal of the writ petition.
-)
IA NO: 3 OF 2019
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the stay granted against 2nd Respondent's proceedings in order No.30/2017-18 daled 19.12.2017 to continuepending disposal of the Appeals before the Appellate Tribunal relating to the1st Control Period till the appeals are finally adjudicated.
lA NO: 2 OF 2018
Between:
Airports Economic Regulatory Authority of lndia,, AERA Building, Administrative Complex, SafdarjungAirport,New Delhi-1 1 0 003.
...PETITIONERYRESPONDENT NO. 2
AND
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to vacate the interim orderdated07.02.2018 passedbythisHon'bleCourtinthelANo.l of 2018 inWPNo.3780 of 2018 and dismiss the main Writ Petition while directing the petitioner to avail the efficacious and available remedy under AERA Act.
lA NO: 1 OF 2019
Between:
AND
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the petitioner as a respondent party,i.e., Respondent No. 4 in W.P.No. 3780 of 2018 ain the interest ofjustice.
lA NO: 2 OF 2019
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to vacate the interim order dated 0710212018 passed in by this Hon'ble Court i l.A.No. 1 of 2018 in W.P.No. 3780 of 20'18 in the interest ofjustice.
lA NO: 5 OF 2019
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the Petitioner/proposed party, as Respondent No.4 in Review lA No. 4 of 2019 in W.P. No. 3780 of 2018 pending on the file of this Hon'ble Court for effective adjudication of the matter on merits and to pass
Gounsel for the Petitioner: SRI S. NIRANJAN REDDY, SENIOR COUNSEL FOR Ms. RUBAINA S KHATOON
Counsel for Respondent No. 1: SRI NAMAVARAPU RAJESHWAR RAO ASSISTANT SOLICITOR GENERAL
Counsel for Respondent No. 2: SRI GURRALA ARUN
Counsel for the Proposed Respondent : SRI G. VAMSHI KRISHNA
WRIT APPEAL NO: 40 OF 2020
Writ Appeal under clause 15 of the Letters Patentpreferred against the order dated 1911212019 passed in l.A.Nos.4 and 6 of 201 9 in W.P. No. 3780 of 2018 on the file of the High Court.
Between:
GMR Hyderabad lnternational Airport Limited, GI\ilR Aero Towers, RGIA, Shamshabad, Hyderabad, Rep by its Chief Legal Officer IVr. K.B.S Saima
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including before Respondent No.2 pursuant to the proceedings in Consultation Paper dated 1911212017 pending disposal of the Writ Appeal.
-1
IAN i2 F 2
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioner herein to withdraw W.P. No. 378012018 with liberty to approach lhe Honble Court to seek all reliefs that are available to it
Counsel for the Appellant: SRI S. NIRANJAN REDDY, SENIOR COUNSEL FOR Ms. RUBAINA S KHATOON
Counsel for Respondent No. 1: SRI NAMAVARAPU RAJESHWAR RAO ASSISTANT SOLICITOR GENERAL
Counsel for Respondent No. 2: SRI GURRALA ARUN
The Court made the following: COMMON JUDGMENT
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COMM ON JUDGMENT: (Pet the Hon'ble the Chief Jultice Sli Raghvendra stngh chauhan)
Mr. S. Niranjan Reddy, the learned Senior Counsel appearing for the petitioner/ appellant, seeks liberty to withdraw the Writ Petition itself.
Therefore, the Writ Petition is dismissed as withdrawn.
Hence, the appeal no longer survives, and the same is, hereby, dismissed as infructuous.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
SD/. M VIJAYA BHASKAR DEPUTY RE//STRAR
,TRUE COPY'
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HIGH COURT
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DATED:2510212020
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coMMoN []D&t{\ENr WP.No.3780 of 2018 AND
WA.No.4O OF 2020
DISIIIISSING THE WP & WA AS WITHDRAIVN WITI{OUT COSTS
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GMR Hyderabad International Airport Limited
Union of India
Airports Economic Regulatory Authority of India
Telecom Disputes Settlement Appellate Tribunal
Raghvendra Singh Chauhan
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
