Dismissed

Nedunuri Sri Venkata Nageswar Rao, Secunderabad v. Secy, Energy Dept, Hyderabad and 4 Others

Telangana HC30 Mar 2022PIL/151/2015

Case brief

AI extract

What is this about?

The Tyangana High Court dismissed a PIL filed by a petitioner challenging the award of a coal import contract without tender. The court held that as the contract term (2013-14) expired years prior to filing in 2022 and it involved a Government of India undertaking, no reason existed to entertain the petition. PIL dismissed without costs.

What the court decided

AI extract

Nedunuri Sri Venkata Nageswar Rao… — Public Procurement and Tenders | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD

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WEDNESDAY, THE THIRTIETH DAY OF MARCH

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TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND

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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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PUBLIC INTEREST LITIGATION NO: 151 OF 201s

¶8

Between:

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Nedunuri Sri Venkata Nageswar Rao, S/o. Partha Saradi Aged about 51 years, Occ:Advocate, R/o, Flat No.307, K.J.R Complex - 2, Diamond Point, Sikh Village, Secunderabad.

¶10

.,.PETITIONER

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AND

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State of Andhra Pradesh, Energy Department, Secretariat, Hyderabad. Rep. by its Secretary

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The A.P. Power Generation Corporation Ltd., Government of A.P undertaking, Vidyuth Soudha, Khairatabad, Hyderabad.

¶14

The Superintending Engineer/Coal & Fuel Oils, A.P. Genco, A-Block, Vidyuth Soudha, Khairatabad, Hyderabad.

¶15

PEC Limited,, A Government of lndia Undertaking, Having its office at Hansalaya, 1S-Barakambha Road, New Delhj-'l 10001, lndia. Rep. by its Managing Director.

¶16

IVSTC Limited,, A Government of lndia Undertaking, Having its office at 225C, A.J.C Bose Road, Kolkata^- 700 020, lndia. Rep. by its Managing Director.

¶17

...RESPONDENTS

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Petition under Arlicle 226 of Constitution of lndia praying that in the circumstances stated in the Affidavit filed therewith, the High Court may; be pleased to issue a writ of mandamus or any other appropriate writ or direction to cause an independent enquiry under the supervision of this Hon'ble Courtⁱⁿ respect of the action of the 2nd respondent in extending the contract on various dates from 14.3.2014 to 13.3.2015 for importing coal of 20 lakh tones^{worth of} Rs.1100 crores without calling tender and also changing the tender^{specification} in the tender notification issued in No.E-CECC/SE^{(C&FOyDE(COAL)|O112014-} 15 on 27th Feb 2015 for supply of imported coal for a^quantity of 40,00,000^MTs to Dr. NTTPS, lbrahirnpatnam, Krishna Dist, A.P, lndia^{& RTPP,Muddanur,} Cuddapah (Dist), AP, lndia

¶19

¶20

PILMP. NO: 230 OF 2011;

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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 order independent enquiry against the action of lhe 2nd respondent in extending the contract on various dates from 14.3.2014 to 13.3.2015 for importing coal of 20 lakh tones worth of Rs.1100 crores without calling tender, pending the Public lnterest Litigation

¶22

Counsel for the Petitioner: SRI O.MANOHER REDDY

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Counsel for the RespondentNo.l:GP FOR ENERGY/ADVOCATE GENERAL(AP) Counsel forthe Respondent No.2: SRI C.RAGHU

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Counsel forthe Respondent No.3: SRI CH.PUSHYAM KIRAN

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Counsel for the Respondent No.4: SRI C.SUMON

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Counsel for the Respondent No.5: SRI Y.RAMA RAO

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The Court made the following: ORDER

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di.4--...,!'n.qr-d-

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THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND

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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVII,I

¶31

PUBLIC INTEREST L N No.151 OF 20 15

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ORDER, rp- ,r," s. n'bte the chief Jushce sansh chandro sharmal

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The present public interest litigation has been filed by the petitioner, who is a practicing Advocate, being aggrieved in respect of a contract which was for the year 2OI3-14 that too executed by the Government of India undertaking.

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_We^{are in the year 2022. ln the consideredopinionof this} Court, as the contract is already over and the contract was with the Government of India undertaking, this Court does not find any reason to entertain the present public interest litigation.

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Resultantly, the public interest litigation stands dismissed.

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Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

¶37

¶38

//rRUE CoPY//

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SD/-T.KRISHNA^KUMAR ASSISTANT^REGISTBAR

¶40

sEcnoNb/cER

¶41

To,

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llls3Sii.Ai3'^,1i1,5fl?R'-EBB'?frf".!"J,'{}"t3F1""1rr"tunounulogl 1, Sffi 33 i: SEi"effi,!J*+lxf?1HJRi^'e"v]"!ate^ropucl ;. il;6c io Sni.^{c.sul,tou,AdvocatetoPUCl} ;' ffi 6d i;5iii^{v. nnMA RAo Advocaie[oPUC]} 7. Two^{C.D. Copies.} 8. One Spare^CoPY. MRC SW .

.14,.

HIGH COURT

DATED:3010312022

ORDER

PlL.No.I51 of 2015

1 r. JUi{ ?rr2 rt

DISMISSING THE PIL WITHOUT COSTS

¶50

s
o

Nedunuri Sri Venkata Nageswar Rao, Secunderabad v. Secy, Energy Dept, Hyderabad and 4 Others

Case brief

What is this about?

What the court decided

Nedunuri Sri Venkata Nageswar Rao, Secunderabad v. Secy, Energy Dept, Hyderabad and 4 Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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Case details

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