Dismissed

M/s. Nava Limited, (Formerly M/s. Nava Bharat Ventures Limited), v. State Load Dispatch Centre and 1 other

Telangana HC12 Mar 2024WP/6308/2023

Case brief

AI extract

What is this about?

The Telangana High Court, Single Judge, treated writ petitions challenging rejection of inter-state short-term open access applications by TS-SLDC as infructuous due to lack of cause and closed them without costs.

What did the court decide?

Writ Petitions closed as infructuous. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.

M/s. Nava Limited, (Formerly M/s. Nava Bharat… — Service and Employment | Telangana HC (2024)

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[³³⁰⁰ ]

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

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TUESDAY, THE TWELFTH DAY OF IVARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION Nos. 6308 6333 20498 and 24878 ot 2023

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WRIT PETITION NO.63O8 OF 2023

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Between:

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M/9 Nava Limited, (F_ormerly lVl/s_ Nava Bharat Ventures Limited), # 6-3110911, Nava Bharath Chambers, Raj Bhavan Road, Somajiguda, Hyiierabad, Telangana - 500 082. Rep. by its Authorized Signatory, Sii C. Mahi Kumar. H_aving its Unit at. Palwancha, Bhadradri Kothagudem District, Telangana - 507 154

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...PETITIONER

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AND

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1 S.tate Load Dispalch Cenlre, Transmission Corporation of Telangana Ltd., Vidhyut Soudha, Hyderabad - 500 082. Rep. by its Chief Engineer, TS-SLDC,

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2 The Northern Power Distribution Company of Telangana Ltd. (TSNPDCL), Vidyuth Bhavan, Nakkalagutta, Hanamkonda, Warangal, Telangana. Rep- by its Chairman and lt/anaging Dtrector.

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,..RESPONDENTS

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Petition under Article 226 of the Constitulion of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, a.Declaring the rejection of the Petitioner's lnter-State ShortTerm Open Access applications dL2B.OZ.2O23 for Standing Clearance for the months of lVlarch April and l\Aay, 2023 as being bereft of any proper reasoning, without any foundation in fact, based on an ex-facie false pretence, arbitrary, illegal, without jurisdiction, and un-authorized, besrdes being contrary to the CERC (Open Access in inter-State Transmission) Regulations, 2008, and the provisions of the Electricity Act, 20O3, besides being in violation of petitioners rights guaranteed under Articles 14 and t9(t ) (g) of the Constitution of lndia, and,

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b.Directing the 1'! Respondent to consider and give concurrence to the Petitioner's open-access applications dt.28.O2.2023, as well as for future applications and issue No Objection / Standrng Clearance for lnter-State ShortTerm Open Access strictly in accordance with the CERC OA Regulation,2008 issued by the Central Commission, c.and/or^pass such other order

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lA NO: 1 OF 2023

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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 direct the 1't Respondent to consider and^give concurrence to the applications d1.28.O2.2023 made by the^petitioner for lnter-State Short-Term Open Access for 40 I/W as applied for the months of [\ilarch, April, and NAay 2023,.

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lA NO: 2 OF 2023

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Between:

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State Load Dispatch Centre, Transmission Corporation of Telangana Ltd-, Vidhyut Soudha, Hyderabad - 500 082. Rep. by its Chief Engineer, TS-SLDC, ...PETITIONER/RESPONDENT NO.1

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AND1. lvl/s- Nava Limiied, (Formerly [Vl/s. Nava Bharat Venturr)s Limited), # 6-311ogl1, Nava Bharath Chambers, Raj Bhavan Road, Somajiguda, Hyderabad, Telangana - 500 082. Rep. by its Authorized Signatory, Sri- C. [,4ani Kumar. Having its Unit at. Palwancha. Bhadradri Kothagudem District, Telangana - 5O7 154.

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,Y5tl'J3?l t *

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2 The N o rthe rn^powe r D i strib u tio n co m^pa ny "^{t .Sru""n"r?)L:}

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Vidyuth Bhavan, Nakkalagutta, Hanamkonda, Warangal, Telangana- Rep. by its Chairman and lvlanaging Director.

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...RESPONDENT/RESPONDENT NO.2

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Petition under Section 15'1 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased be pleased to vacate the interim orders dated 0610312023 in. WP No. 6308 of 2023 and dismiss the writ petition.

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Counsel for the Petitioner: SRI CHALLA GUNARANJAN

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Counsel forthe Respondent No.1: SRI R. VINOD REDDY, SC

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Counsel for the Respondent No.2: SRI ZAKIR ALI DANISH

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WRIT PETITION NO: 6333 OF 2023

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Between:

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fVl/s. Nava Bharat Energy India Limited, # 6-3-'1 109/1 , Nava Bharath Chambers, Raj Bhavan Road, Somajiguda, Hyderabad, Telangana - 500 082. Rep. by its Authorized Signatory, Sri. C. IVani Kumar- Having its Unit atPalwancha, Bhadradri-Kothagudem District, Telangana - 507 154.

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...PETITIONER

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AND

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1 State Load Dispatch Centre, Transmission Corporation of Telangana Ltd., Vidhyut Soudha, Hyderabad - 500 082. Rep. by ils Chief Engineer, TS-SLDC

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2 The Northern Power Distribution Company of Telangana Ltd, (TSNPDCL), Vidyuth Bhavan, Nakkalagutta, Hanamkonda, Warangal, Telangana. Rep. by its Chairman and Managing Director

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...RESPONDENTS

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Petition under Article 226 of lhe Constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith. the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of lVandamus- a.Declaring the rejection of the Petitioners lnter-State ShortTerm Open Access applications dt.28.02 -2O23 for Standing Clearance for the months of March, April and May, 2023 as being bereft of any proper reasoning, without any foundation in fact, based on an ex-facie false pretence, arbitrary, illegal, without jurisdiction, and un-authorizcd, besides being contrary to the CERC (Open Access in Inter-State Transmission) Regulations, 2008, and the provisions of the Electricity Act, 2003, besides being in violation of petitioner's rights guaranteed under Articles 14 and 19(1Xg) of the Constitution of lndia and, b.Directing the 1't Respondent to consider and give concurrence to the Petitioners open-access applications dt.2A.Oz -2023, as well as for future applications and issue No Objection / Standing Clearance for lnter-State Short-Term Open Access in accordance with the CERC OA Regulation, 2008 issued by the Central Commission c.and/or pass

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that rn the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1't Respondent to consider ancl give concurrence to the applications

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d|.28.02.2023 mJde by the petitioner for Short-rerm Inter-state open Access ior 130.0 MW as apptied for the months of I,4arch, April and |llay,2023

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:IANO:2OF 2023

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filecl in support of the petition, the High court may be pleased be pleased to take up the above w.p. No- 6333 of 2oz3 as "FoR BE|NG MENTIONED"

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lA NO:3 OF 2O2J

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Between:

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State Load Dispatch Centre, Transmission Corporation of Telanoana Ltd Vidhyut Soudha, Hyderabad _ 500 082. Rep by irs Ch;ef Enq;;;A;, fS-5rOC

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...pETtTtONER/RESpONDENTS No.1

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AND

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-1 . M/s. Nava Bharat Energy . lndia Limited, # 6_3-1 109/i , Nava Bharath chambers, Rcj Bhavan Rodd. somajiguda, Hyderabao ieranqa;al s6iitaz. E"p^{oy irs Authorized.Signarory,Srl} c wbni kfir,. Hnul;;"its"riiii at_ Palwancha, Bhadradri-KothEgudehi District, ietinguna _ 507 154:

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.RESPONDENT/PETITIONER

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The Northern^power Distribution Company ot Telangana LId. (TSNPDCI ), Vidyulh Bhavan. Nakkatagutta, Hanarirkorida, Waraigat. iera;gi;i. Rei by its Chairman and lr,4anaging Director

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...RESPONDENT/RESPONDENT NO.2

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Petition under Section 151 cpc praying that in the circumstances stated rn the affidavit filed in support of the petition, the High court may be preased to vacate the interim orders dared 2110312023 in wp. No. 6333 of 2oz3 and dismrss the writ petition.

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Counsel for the Petitioner: SRI CHALLA GUNARANJAN

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counsel for the Respondent No.1: sRr R. vrNoD REDDY(sc FoR TSTRANSco) Counsel for the Respondent No.2: SRI ZAKIR ALI DANISH, SC

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WRIT PETITION NO: 2C498 OF 2023

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Between:

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lV/s. Gayatri Power Private Limited, Admin Office. 3-6-521 , Flat.No.402, Gh^arondamaya, _Opp. K[C, Himayathnagar, Hyderabad, Telangana - 500 029. Rep. by its Director, Sri Putta Ramakrlshna, S/o. Sri p. Jaga Mohan Rao

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...PETITIONER

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ANO

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1 State Load Dispalgh Centre, Transmission Corporation of Telangana Ltd., Vidyuth Soudha, Hyderabad -500 082. Rep. by its Chief Engineeir, TS-SLDC.

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2 Southern Power Distribution Company of Telangana Limited, Mint Compound, Hyderabad -500 034. Represented by its Chairman and Managing Direitor.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of lVlandamus. a. the action of the 1sr Respondent in rejecting the lnter-State Short Term Open Access Application dt.27l1l l2O23 for a capacity of 1.6 tvlW for the month of August, 2O23, as being arbitrary, bereft of any proper reasoning, . without any foundation in fact, based on an ex-facie false pretence, illegal, besides being contrary to the CERC (Open Access in Inter-State Transmission) Regulations, 2008, and the provisions of the Electricity Act, 2003, besides being in violation of the Petitioner's rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of lndia and, b. Directing the 1't Respondent to consider and give concurrence to the application d1.27107 12023 and issue No Objection / Standing t Clearance for Inter-State Short Term Open Access for the month of August, 2023, I and future applications made by the petitioner for lnter-State Short Term Open Access c. and/or pass

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lA NO: 1 OF 2023

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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 direct the 1=l Respondent to consider and give concurrence, as applied for, to the application dt.27.O7.2023 for 1.6 IVIW, made by the Petitioner for lnter-State Short Term Open Access for the month of August, 2023.

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lA NO: 3 OF 2023

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Between:

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Southern Power Distribution Company of Telangana Limited, lVint Compound, Hyderabad 500 034. Represented by its Chairman and fulanaging Direitor.

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...PETITIONERS/RESPONDENT 2

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AND

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1 lVl/s. Gayatri Power Privale Limited, Admin Office. 3-6-521, Flat.No.402, Gharondamaya, Opp. KFC, Himayathnagar, Hyderabad, Telanqana - 500 029. Rep. by its Director, Sri Putta Ramakrishna, S/o. Sri p. Jaga Mohan Rao

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...RESPONDENTS/PETITINOERS

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2 State Load Dispatch Centre, Transmission Corporation of Telangana Ltd., Vidyuth Soudha, Hyderabad -500 082. Rep. by its Chief Enginee"r, TS-SLDC.

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...RESPONDENT/RESPONDENT NO.1

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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 vacate the interinr orders dated 01 .oB.2023 in wp. No. 2o498 ol 2023 and dismiss the writ petition

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lA NO: 4 OF 2023

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Between:

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State Lo_ad Dispatch Centre, Transmission Corporation of Telangana Ltd., Vidyuth Soudha, Hyderabad -500 082. Rep. by its Chief EngineeT, TS-SLDC

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...PETITIONERS/RESPONDENT 1

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AND

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l,4/s. Gayatri Power Pnva_te Limited, Admin Office. 3-6-521 , Flat.No.4O2, Gtr^arondamaya, _Opp KF-C, Himayathnagar, Hyderabad, Telangana - 50Ci 029. Rep. by its Director, Sri Putta Ramakrishna, S/o. Sri p. Jaga Mohan Rao

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...PETITIONERS/PETITIONERS

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2 Southern Power Distribution Company of Telangana Limited, Mint Compound, Hyderabaci -500 034. Represented b, its Chairman and t\4anaging Direitor.

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...RESPONDENT/RESPONDENT NO,2

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Petition under sectron 1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to

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vacate the interim orders dated 0l.08.2023 in wp. No. 2049g of 2023 and dismiss the writ petition-

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Counsel for the Petitioner: SRI CHALLA GUNARANJAN

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i Counsel for the Respondents: RVINOD REDDY(SC FOR TSTRANSCO)

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WRIT PETITION NO:2487I OF 2023

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Between:

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t\i'lls. Gayatri Power Priva-te Limited, Admin Office. 3-6-521 , Flat.No.4O2, Giarondamaya, _Opp. KFC, Himayathnagar, Hyderabad, fefangani _ Sbt 029. Rep. by its Director, Sri Putta Ramakrishna, S/o. Sri p. Jaga Monin nio-

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...PETITIONER

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AND

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1 State Load Dispatch Centre, Trqnsmission Corporation of Telangana Ltd., Vidyuth Soudha, Hyderabad - 500 082. Rep by its Chief Engine6r, iS SIOC

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2 Southern Power Distribution Company of Telangana Limited, IVint Compound, Hyderabad - 500 034. Represented by its Cnairhan and Managing Oiretioi^-'

¶98

...RESPONDENTS

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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 writ, order or direction more particularly one in the nature of writ of [\4andamus. a. Declaring the action of the i't Respondent in rejecting the lnter-state Short rerm open Access Application dt.0'1.09.2023 for a capacity of 1.5 MW for the month of september, 2023, as being arbitrary, bereft of any proper reasoning, without any foundation in fact, based on an ex-facie false pretence, illegal, besides being contrary to the cERC (open Access in lnter-state Transmission) Regulations, 2008, and the provisions of the Electricity Act, 2003. besides being in violation of the Petitioners rights guaranteed under Articles 14 and 19(-l )(g) of the Constitution of lndia, and, b. Directing the 1.t Respondent to consider and give concurrence to the application dt.01.0g.2023 and issue No

¶100

Objection / Stancling Clearance for lnter-State Short Term Open Access^for the month of September, 2023, and future applicattons made by the^{petitioner for} lnter-State Short Terrn Open Access, c. and/or^pass

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lA NO: 1 OF 2023

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Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the^{HighCourt may be pleased to direct} the 1St Respondent to consider and^give concurrence, as applied^for, to^the application dt.01.09.2023 for 1.5 NilW, made by the Petitioner for^{lnter-StateShort} Term Open Access for the month of September, 2023.

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lA NO: 2 OF 2023

¶104

Between:

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Southern Power Distribution Company of Telangana Limited, Mint Compound, Hyderabad - 500 034- Represented by its Chairman and [\rlanaging Director.

¶106

..PETITIONERS/RESPONDENTS 2

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t AND

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N/l/s. Gayatri Power Private Limited, Admin Office. 3-6-521, FIat.No.402, Gharondamaya, Opp. KFC, Himayathnagar, Hyderabad, Telangana - 500 029- Rep. by its Director, Srr Putta Ramakrishna, S/o. Sri P. Jaga lt/ohan^Rao

¶109

..RESPONDENT/PETITIONER

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State Load Dispatch Centre, Transmission Corporation of Telangana Ltd., Vidyuth Soudha, Hyderabad - 500 082. Rep. by its Chief Engineer, TS-SLDC

¶111

..,RESPONDENT/RESPONDENT NO.1

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Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to vacate the rnterim orders dated 06.09.2023 in lA. No. 01 of 2023 in WP. No. 24878 of 2023 and disrniss the writ^petition.

¶113

lA NO: 3 OF 2023

¶114

Between:

¶115

State Load Dispatch Centre, Transmission Corporation of Telangana Ltd., Vidyuth Soudha, Hyderabad - 500 082. Rep. by its Chief Engineer, TS-SLDC

¶116

...PETITIONERS/RESPONDENTS 1

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AND

¶118

1 t,tlls. Gayatn Power Private Limited, Admin Office. 3-6-521 , Flat.No.4O2, Gh-arondamaya, Opp. KFC, Himayathnagar, Hyderabad, Telangana - 500 029. Rep. by its Director, Sri Putta Ramakrishna, S/o. Sri P. Jaga tVlohan Rao

¶119

...RESPONDENTS/PETITIONERS

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2 Southern Power Distribution Company of Telangana Limited, IVIint Compound, Hyderabad - 500 034. Representedby its Chairman and l.4anaging Director.

¶121

...RESPONDENT/RESPONDENT NO.2

¶122

Petition under Section 151 CPC praying that in the circumstances stated in

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the affidavit filed in suppo( of the petition, the High Court may be pleased to vacate the interim orders dated 06_09.2023 in lA. No. 01 of 2023 in WP. No. 24878 of 2023 and dismiss the writ petition.

¶124

Counsel for the Petitioner: SRI CHALLA GUNARANJAN

¶125

Counsel for the Respondents: R VINOD REDDY(SC FOR TSTRANSCO)

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The Court made the following: COMMON ORDER

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THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION Nos. 6308 5333 2O49a and 24878 of 2023

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COMMON ORDER:

¶130

When the matters are taken up for hearing, Sri C.Deepak, learned counsel representing Sri Challa Gunaranjan, learned counsel for petitioners submits that the cause in the writ petitions does not survive for adjudication.

¶131

2 Recording the said submission, these Writ Petitions are closed as infructuous. No order as to costs

¶132

Miscellaneous app[cations, pending if any, shall stand closed.

¶133

I t

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To,

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SD/.V.KAVIT A ASSISTANT REGISTR R //TRUE COPYII SECTION O ICER

¶136

21 9nu 99^{to Sri ChallaGunaran;an.} Advocate IOPUCI 3 one cc ro Srr R Vinod Reddy,'Sg 1.1i"s"r[eoEif6FLci 9n" 99^{to Sri ZakirRti Danish,SCtOpUCl"vvLtv' \r} 4 lwo CD Coples TJ GJP

HIGH COURT

DATED:1210312024

COMMOM ORDER

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¶141

WRIT PETITION Nos. 6308, 6333,^{20498 and 24878 ot} 2023

¶142

CLOSING ALL THE WRIT^PETITIONS

¶143

WITHOUT COSTS.

¶144

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M/s. Nava Limited, (Formerly M/s. Nava Bharat Ventures Limited), v. State Load Dispatch Centre and 1 other

Case brief

What is this about?

What did the court decide?

M/s. Nava Limited, (Formerly M/s. Nava Bharat Ventures Limited), v. State Load Dispatch Centre and 1 other

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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