Writ petition challenging new formats for No Objection Certificates for availing open access energy was dismissed as infructuous after counsel stated the cause of action no longer survived, undisputed by the respondents' standing counsel.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITTON No : 33978 OF 2015
Between:
M^anas_arawor, b.ecunoeraoad, l:pat .rerangana lndiastate ^pvt.,rep., Ltd.,by (Sits C.MBN699),DirectorGirish 2_141 Kumar , Tobacobazar,S/o. sri. MuKunorar, aged about 45 years, Rio g-2-696/4, Kimtee Mansion Road No 12, Banjara Hills, Hyderabad.
...PETITIONER
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 wrrt in the nature of a writ of Mandarius or rny oth", appropriate writ direction or-order declaring the action of the respondents in introducing Format'A and Format B in the place of Format in Annexure-l prescribed by APERC under Reguration-2 of 2o0s ,tor apprying to Noder Agency for issuance of No objection certificate for avairing open iccess Energy as wholly arbitrary, illegar without jurisdiction and void and consequenfly oireli tne respondents to follow Format given in Annexure-l to Regulation-2'of 20os lo issue no objection Certificate.
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l.A. NO: 1 OF 201S(WPMP. NO: 43760 OF 201s\
Petition under Section 151 CPC praying that in the circumstarices stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to issue No objection certificate to the petitioner to avail. Open Access Energy from the month of October-20 j 5 and pass.
Counsel for the Petitioner: SRl. M P CHANDRAMOULI
The Court made the following: ORDER
I I
7
HON'BLE MRSJUSTICESUREPALLI NANDA
WRIT PETITION o.33978()F2 015
ORD ER:
Heard Sri M.P.Chandramouli,learnedcounsel appearing onbehalf of the petitioner, Sri R' Vinod Reddy, learnedStandingCounse!forTSTRANSCO' appearing on behalfof respondent Nos' 1 to 5'
prayer as under:
" ...to issue a writ inthe nature of a Writ of Mandamus or anyother appropriate writ directionor order declaringthe action of the respondents in introducing Format-Aand Format-Bin the place of Format in Annexure-Iprescribedby APERC under Regulation-2 of2OO5 for applyingto NodelAgency for issuance ofNo Objection Certificatefor availing open access Energyas wholly arbitrary, illegal withoutjurisdiction and void and consequently direct the respondents tofollowFormat given in Annexure- I to Regulation-2 of2005 to issue no objection CertiFicate andpass such other and fufther ordersas this Honble Courtdeem fitand proper in the circumstances ofthe case".
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wP i3978 20 15 3, It is represented by learned counsel appearing on behalf oF the petitioner that the cause of action in the present writ petition does not survive for adjudication any more. The said contention of the learned counsel appearing on behalf of the petitioner is not disputed by Sri R. Vinod Reddy, Iearned Standing Counsel for TSTRANSCO, appearing on behalf of respondent Nos. 1 to 5.
4 Bringang the said submission on record, the Writ Petition is dismissed as infructuous. However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions , if any, pending in the Writpetition shall also stand closed.
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SD/-V.KA HA ASSISTANT REGTS AR //TRUE COPY// N\
SECTION OFFICER
To,
cys
GJP
HIGH COURT
DATED: 1810912024
ORDER
WP.No.33978 of 2015
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CI.OSING OF THE WRIT PETITION WITHOUT COSTS.
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1 issue framed by the court
Whether the respondents' introduction of Format-A and Format-B in place of the Annexure-I format prescribed by APERC under Regulation-2 of 2005 for No Objection Certificates for open access energy was
3 provisions across 3 enactments
Manas Arawor Bioenergy Pvt Ltd (represented by its Director, Girish Kumar)
The Telangana State, N.S.C., rep. by its Chairman and Managing Director
The Southern Distribution Company, rep. by its Vice Chairman and Managing Director
The Southern Distribution Company, rep. by its Chief Engineer, TSTRANSCO
The Superintending Engineer (Operation, Circle), TSSPDCL, Mahaboob Nagar
The Senior Accounts Officer (Operation), TSSPDCL, Mahaboob Nagar
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
