Order dated 03.09.2024 closing Writ Petition No. 37422 of 2015 without costs, as counsel for the petitioner submitted that no further orders were necessary after the interim order dated 18.11.2015. The High Court disposed of all pending miscellaneous petitions therein as well.
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.
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I I
132521
IN THE HIGH COURT FORTHE STATEOF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
TUESDAY, THE THIRDDAY OF SEPTEMBER TWO THOUSANDAND TWENTY FOUR
PRESENT
THE HONOURABLE MRS JUSTICESUREPALLI NANDA
WRIT PETITloN NO: 37422OF2015
Between:
lirl/S. Surva Jvothi SDinninq fuills Ltd.,(Service Connection,bearing No: MBN-673) Rajapur Village, Balhnagai Mandal,IvlahaboobnagarDistrict rep.b y its Managing Drrector, R.K. Agarwal.
,..PETITIONER
AND
,..RESPONDENTS
Petition under Article226 of the constitution of lndiapraying that in the circumstances stated inthe affidavitfiledtherewrth,the High court may be pleased to issue a writ or orderof direction more particularly onein the nature of writ of Mandamus declaringthe Proceedings No. SE/OP/MBNR/SAO/HT/D.No. 3381 ,l 5 dated 16.06.2015 of the 2nd respondent as highly illegaI, arbitrary' Unjust and opposed to the Principlesof Natural Justice, contrary to the centralElectricity RegUlatorycommiSsion(Unscheduledlnter-ChangeChargesandRelated Matters) Regulation2009 and the centralElectricity Regulatory commission
(Deviation, Settlement Mechanism and Relevant l/atter{j) Regulation 2O14 and violative of A,ticles 14, 19(i)(g), 21 ,265 and 300-4 of the Constitution of India and consequently set aside the same.
l.A. NO: 2 OF 2 01s(WPMP. NO 50688 0F 2015)
Petition urrder Section 151 cpc praying that in the circumstances stated in the affidavit filec rn support of the petition, the High court may be preased to extend the time by 4 weeks from today for submitting the ob.lections by the petitoiner as directed by this Honourabre court in ordr:r dated 18.11.2015 in WPMP No. 4815:112015 in Wp No. 37422 ol 2015.
l.A. NO: 1OF 2o15(WPMP . NO: 48153 OF 2015)
Petition under section 15'l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High ccurt may be pleased to direct the respondents not to drsconnect the petitioner's power supoly pursuant to Proceedings No SE/op/rr/BNR/SAo/HT/D.No. 338/15 dated 16.06 2015 of the 2nd respondent.
Counsel for the Petitioner : SRI D.V.NAGARJUNA BABU
Counsel for the Respondent No,1to4 : SRt R.VINOD REDDY, SC FOR TSSPDCL Counsel for the Respondent No.S : SRt J.ASHVINt KUMAR(SC FOR TSERC) The Court made the following: ORDER
HON'BLEMRS JUSTICESUREPALLI NANDA
w P o No. 422 20
ORDE
Heard SriD.V. NagariunaBabu, learned counsel appearing onbehalf of the petitioner'Sri R' Vinod Reddy, learnedStanding Counset forTS SPDCL' appearing onbehalf of respondent Nos' 1to 4 and Sri P' Prasad, learnedStandingCounsel for Telangana State Electricity RegulatoryCommission, appearing on behalf of resPondentNo.5.
".-.to issue awrit ororder of directionmore particularly one in thenature of Writ of Mandamus declaringthe ProceedingsNo' SE/OP/MBNR/SAO/HT/ D.No.33B/15dated 16'06'2015of the2nd respondent ashighly illegal, arbitrary' unjust and opposedto the principlesof natural justice' contrary to the CentralElectricityRegulatoryCommission (Unscheduled Inter-ChangeChargesand Related Matters)Regulation2009 and the CentralElectricity RegulatoryCommission (Deviation Settlement Mechanismand Relevant Matters) Regulation'2014
:.},:3
2 wP 3742.2 2015
and violative of Articles 14, 19(1)(g) 21, 265 and 300-A of the Constitution of India and conseqJently set aside the same and pass...".
observinq as under:
" Heard the counsel for petitioner, and Sr R. Vinod Reddy, learned Standing Counsel for TS S.P.D.C.L for respondents.
Sri R. Vinod Reddy, learned Standing Counsel for TS. S.P.D.C.L., takes notice on behalf of resoondent Nos.1 to 4.
Having regard to the contentions of both parties that respondents are open to considering the objections of petitioner, Iiberty is given to petitioner to approach the respondent:; within a period of two (02) weeks from today with the objections to the order dt. 16.06.2015 passed by 2nd respondent, and the respondents are directed to consider the objections raised by petitioner within a period of four (04) weeks from the date of receipt of a copy of this order.
Pending consideration of the objections of petitioner, the respondents shall not take any coercive steps against petitioner.
Post after four (04) weeks',.
-/
-.a'r 1/ {
wP f14)2 2015
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Asa sequel, themiscellaneous petitions'if
any,pending in the Writ Petltion shall also stand closed'
SD/- N.SRIHARI ASSISTANTREGISTRAR
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DATED:0310912024
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II
ORDER
WP.No.37422 of 2015
CLOSING THE WRIT PETITION WITHOUT COSTS (aq-^ .0 fu-,g
LR/S. Surva Jvothi Siddiq Electric Supply Private Limited (Service Connection No: MBN-673), rep. by its Managing Director, R.K. Agarwal
The Southern Power Distribution Company of Telangana Limited, rep. by its Chairman and Managing Director
The Superintendent Engineer, Operation, The Southern Power Distribution Company of Telangana Limited
The Senior Accounts Officer, Operation, The Southern Power Distribution Company of Telangana Limited
The Transmission Corporation of Telangana Limited, rep. by its Chairman and Managing Director
Telangana State Electricity Regulatory Commission, rep. by its Secretary
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
