The High Court dismissed a writ petition filed by M/s. Hinduja Foundaries Ltd. as infructuous because the cause of action no longer survived for adjudication. The matter was disposed of without costs.
The writ petition is dismissed as infructuous. No order as to costs.
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132521
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY ,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 36s18 OF 2012
Between:
M/s. Hinduja Foundaries Ltd., B-15, lDA, Uppal, Hyderabad rep., by The Dy. General Manager (FlN and Accts) K. Udaya Babu S/o. Kotaiah, aged about 54 years, Rio. A-904, Allwyn Colony, Pt Phase, Kukatpalli, Hyderabad-500 o07.
...PETTTTONER(S)
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ in the nature of a Writ of Mandamus or any other appropriate writ direction, order or orders declaring the action of the respondents in directing payment of the FSA of 2008-2009 collected in the month of July 2010 to June 2011 and adjusted by thepetitioner in the C.C. billpayment of October 2012 by Letter No- SE/OP/RRC/E/SAO/JAO/HT/D No- 311, dated 21-11-2012 issued by the 2nd respondent as wholly arbitrary, illegal withoutjurisdiction and void.
l.A. NO: 1OF 2O12(WPMP. NO: 46374 0F 20121
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased to stay all further proceedings pursuant to the letter No: SE/OP/RRC/E/SAO/JAO/HT/D No: 31'1 , dated 21- 11-2012 issued by the 2nd respondent as otherwise the petitioner would suffer serious and irreparable loss and hardship.
Counsel for the Petitioner: SRl. M P CHANDRAMOULI
Counsel for the Respondents: SRI R. VINOD REDDY SC FOR TGSPDCL
The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION 0.36518 0F 20L2
ORDER:
Heard Sri M.P. Chandramouli, learned Senior Designated Counsel appearing on behalf of the petitioner and Sri R. Vinod Reddy, learned Standing Counset for TGSPDCL, appearing on behalfof respondents.
2. The petitioner approached the Courtseeking
prayer as under:
" ..-.to issue a writ in the nature of a Writ of Mandamus or any other appropriate writ direction orderor orders declaring the action of the respondents indirecting payment of the FSA of 2008-2009 collected in the month of July 2010 to June 2011 and adjusted by the petitioner in the C.C. bill payment of October 2Ol2 by Letter No. SE/OPIRRC/E/SAO/J AO I HI / D No.3 1 1, dated 2l-ll-2}12 issued by the 2"d respondent as wholly arbitrary, illegal withoutjurisdiction and void andpass such other and further orders as this Honorable court deem fit and proper in the facts and circumstance of case".
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costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed.
SD/.N. S ARI ASSISTANT REGI RAR
,TRUE COPY'
SECTION OFFICER
To,
1 One CC to SRl. M P CHANDRAMOULIAdvocate [OPUC] a One CC to SRIR. VINODREDDYSC FOR TGSPDCL [OPUC] 3 Two CD Copies KKS o,'Fo-
II
HIGH COURT
DATED:1011212024
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ORDER
WP.No.36518 of 2012
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
5 .PRa @ 6linr
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2 issues framed by the court
Whether the cause of action in the writ petition seeking quashing of a payment adjustment letter survives for adjudication.
Whether W.P. No. 36518 of 2012 should be dismissed as infructuous given the loss of cause of action.
M/s. Hinduja Foundaries Ltd.
The Central Power Distribution Company Ltd., of Andhra Pradesh
The Superintending Engineer, APCPDCL
The Senior Accounts Officer, APCPDCL
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
