Disposed

M/s Navadurga Billets (P) Ltd. (MBN-725) v. The Southern Power Distribution Company of Telangana Limited

Telangana HC17 Dec 2024WP/36754/2015

Case brief

AI extract

What is this about?

Writ petition challenging respondents' insistence on a No Dues Certificate from the distribution company as a condition for issuing standing clearance/No Objection Certificate to avail open access power. Interim order dated 12.11.2015 had already restrained such insistence; petitioner stated no further orders were necessary and respondents did not dispute this. Writ petition was closed with no ord

What the court decided

AI extract

M/s Navadurga Billets (P) Ltd. (MBN-725) Vs The… — Writ and Judicial Review | Telangana HC (2024)

¶1

132521

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶3

TUESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

¶6

WRIT PETITION NO: 36754 OF 2015

¶7

Between:

¶8

M/s Navadurga Billets (P) Ltd. (MBN-725), Mothighanapur,^Balanagar Mandal, Mahaboobnagar^'District. Rep. by Managing^{Director,Shashikant} Agarwal.

¶9

...PETITIONER

¶10

AND

¶11

1 The Southern Power Distribution Company of Telangana Limited, rep. by^its Chairman and Managing Director, [/'lint Compound, Hyderabad,^Telangana State.

¶12

2 The Superintending Engineer, Operation, The Southern Power^Distribution Company of Telangana Limited, Mahaboobnagar Distinct ,^{Mahaboobnagar,} Telangana State.

¶13

The Senior Accounts Officer, Operation, The Southern Power^Distribution Company of Telangana Limited, Mahaboobnagar Distinct ,^{Mahaboobnagar,} Telangana State.

¶14

The Transmission Corporation of Telangana. Limited, rep. by^{its Chairman} and Managing Director, Vidyut Soudha, Hyderabad, Telangana State.

¶15

The Chief Engineer, SLDC, The Transmission Corporation^{of Telangana} Limited, Vidyut Soudha, Hyderabad, Telangana State .

¶16

Telangana State Electricity Regulatory Commission, rep.^{by its Secretary,} A.P. Singareni Bhavan, Red Hills, Hyderabad.

¶17

...RESPONDENTS

¶18

Petition under Article 226 ot the Constitution of lndia^{praying that in the} circumstances stated in the affidavit filed therewith,^{the High Court maybe} pleased to issue a writ or order of direction more partlcularly one in the nature^of Writ of Mandamus declaring the action of the respondents in^{insisting upon the} petitioner to get No Dues Certificate from the 1st respondent for availing open access power as highly illegal, arbitrary, unjust and ultra^{viresof Section 42 of the}

¶19

Electricity Act, 2003 read with the provisions of the A.p. Electricity Regulatory commission (Terms and conditions of open Access) Regulation 200s and also violative of petitioners Fundamental Rights guaranteed under Articles 1a, 19(1Xg) and 2'1 of the Corstitution of India.

¶20

l:A. NO: 1 OF 20 |S(WPMP. NO: 47329 OF 2015)

¶21

Petition under section i s l 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 4 and 5 not to insist upon the No Dues certificate from the 1 st respondent whil€, issuing standing clearance / No objecfion certificate to the petitioner to avail open access power in terms of section 42 of the Electricity Act, 20 13 pending disoosal of the above writ petition

¶22

Counsel for the Petitioner: SRI D. V. NAGARJUNA BABU

¶23

Counsel for the Respondent Nos.1 to 3: SRI R. V1NOD REDDY (sc FoR TSTRANSCO)

¶24

Counsel for the Respondent Nos.4 and 5: SRI N. SRIDHAR REDDy,

¶25

Counsel for the Respondent No.6: SRI PRAS,AD, SC FOR TELANGANA STATE ELECTRICTY REG U LATORY COMMISSION

¶26

The Court made the following: ORDER

¶27

HON'BLE MRS JUSTICE SUREPALLI NANDA

¶28

WRIT PETITION No.36754 OF 2015

¶29

ORDER:

¶30

Heard Sri D.V. Nagarjuna Babu, learned counsel appearing on behalf of the petitioner, Sri R. Vinod Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos,1 to 3, Sra N. Sridhar Reddy, learned counsel appearing on behatf of respondent Nos.4 and 5 and Sri P. Prasad, learned Standing Counsel for Telangana State Electricity Regulatory Commission, appearing on behalf of respondent No,6.

¶31

The petitioner approached the Court seeking prayer as under:

¶32

" ...to issue a writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in insisting upon the petitioner to get "No Dues Certificate" fri;m 1tt respondent for availing open access power as highi;, illegal, arbitrary, unjust and ultra vires of Section 42 oi the Electricity Act, 2003 read with the provisions of the A. P. Electricity Regulatory

I-'

wP 36754 2015

Commission (Terms and Conditions of Open Access) Regulation, 2005 and also violative of petitioner's Fundamental Rights guaranteed under Artir:les 14 19(1Xq) and 21 of the Constitution of Ind ia... ".

¶37

IhL YU.P.U.P. No. 47329 of 2O15 oassed interim order in favour ofthe oetitioner observino as under:

¶38

"Heard counsel for petitioner, and standing counsel for respondents.

¶39

Having regard to the fact that in similar matters interim directions have been granted, there shall be interim direction to the respondents not to insist the petitioner on furnishing of 'No Due Certificate" as a condition precedent while issuing Standing Clearance/No Objection Certificate for providing open access to petitioner".

¶40

It is represented by learned counsel appearing on behalf of the petitioner that by virtue of the interim 'order dated 12.11.2O15 in W.P,M.P. No.47329 of 2O15 no further orders are necessary.

¶41

3 wP 36754 20 t5

¶42

¶43

Sri R. Vinod^{Reddy, learned StandingCounselfor} TGSPDCL, appearing on behalf of^{respondentNos.1 to 3 does} not dispute the said submission^{made on behalf of the} petitioner.

¶44

Bringing the said^{submission of the learned} counsel appearing on^{behalf of the petitioneron record,} the writ^petition is ctosed.^{However,there shall be no} order as to costs.

¶45

As a sequel, the^{miscellaneous petitions,} " ," any, pending in the^{Writ Petition shall alsostand closed'} !' sD/- K.SREERAMA^i4uRTHY ASSISTANT^REq{STRAR //rRUE coPY// v

¶46

SECTION^OFFICER

¶47

"'1 '3: Bffi 6nE 33 6d B i;5;'r.i. .',13 'x"Hft'&[i.??,i;A1"fii1l3t"d'fitucrs,iana, Reddi, sctoPUC]^. . 4. one cc to^{Sri p. pl'?,'sbti iJingan''stateElectricity Regulatory} Commission[OPUCI

¶48