Disposed¶56

Ms Agarwal Foundaries Private Limited v. State Load Dispatch Centre

Telangana HC5 Feb 2025WP/22000/2024

Case brief

AI extract

What is this about?

Infructuous writ petition closed - Telangana High Court - Article 226 - T-GNA standing clearance - rejection of application dated 25.07.2024 - import of power through bilateral/collective IEX transactions (18.0 MW, August 2024) - State Load Dispatch Centre / TS Transco - TGSPDCL - CERC (Connectivity and General Network Access) Regulations 2022 - Electricity Act 2003 - cause of action does not survive - no order as to costs - miscellaneous applications closed - no merits adjudicated.

What did the court decide?

No relief adjudicated on merits; the writ petition was closed as the cause of action no longer survived, without any order as to costs, and the miscellaneous applications, if any pending, were directed to stand closed. ¶56

Ms Agarwal Foundaries Private Limited Vs State… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondent No.1 in rejecting the petitioner's application dated 25.07.2024 for standing clearance for grant of T-GNA (capacity 18.0 MW) for import of power through collective IEX transactions for August 2024 was unauthorised, arbitrary, illegal and without jurisdiction, contrary to the CERC (Connectivity and General Network Access) Regulations, 2022 and the Electricity Act, 2003, and violative of Articles 14 and 19(1)(g) of the Constitution.

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Ratio / Principle

On the recorded submission of learned counsel for the petitioner, not disputed by the learned Standing Counsel for TS Transco, that the cause of action in the writ petition does not survive for adjudication, the Court brought the submission on record and closed the writ petition, with no order as to costs.

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Detailed headnote1 paragraphs

High Court for the State of Telangana (Surepalli Nanda, J.), W.P. No. 22000 of 2024, decided 05-02-2025: Writ petition by M/s Agarwal Foundaries Private Limited under Article 226 challenging the rejection by respondent No.1 (State Load Dispatch Centre, TS Transco) of its application dated 25.07.2024 seeking standing clearance for grant of T-GNA for import of power (18.0 MW) through bilateral/collective IEX transactions for August 2024, alleging the rejection was arbitrary, without jurisdiction, and contrary to the CERC (Connectivity and General Network Access to the Inter-State Transmission System) Regulations, 2022 and the Electricity Act, 2003, and violative of Articles 14 and 19(1)(g). At hearing, counsel for the petitioner represented that the cause of action no longer survived for adjudication; the Standing Counsel for TS Transco did not dispute this. The Court accordingly closed the writ petition without costs, and directed that pending miscellaneous applications, if any, stand closed. No findings on merits.

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132521

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.l^-

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY,THE FIFTH DAY OF FEBRUARYd TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MRS IUSTIiE SUREPALLI NANDA

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W T PETITION NO: 22000 OF 2024

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Between:

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IviS Aganval Foundaries Private Limited, Rama Towers,^{5-4-83,2nd Floor,} Opp. Ranigunj Bus Depot, M.G. Road, Secunderabad^{Telangana- 500 003} Rep by its Director, Mr. Pramod Aganaral

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...PETITIONER

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AND

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1 State Load Dispatch Centre, Transmission Corporation^{of Telangan?t td.} - Vidyut Soudha, Hyderabad - 500 082. Rep. by^its Chief^{Engineer, TS-SLDC-}

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2 Southern Distribution Company of Telangana Limited,^{TGSPDCL Corporate} Office, Central Secretariat, Khairatabad, Hyderabad,^{Telangana - 5OOO22} Rep- by its Chairman and Managing. Director

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...RESPONDENTS

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Petition under Afticle 226 of the Constitution of^{lndia praying that in the} circumstf,nces stated in the affidavit filed therewith,^{the Hrgh Court may t,e} pleased to issue a writ. order or direction more^particularly oneⁱⁿ the^{nature of} Writ of lilandamus. a-..Declaring the action of the 1St^{Respondentin reiectingthe} application dt. 25.O7.2024 for Standing Clearance for^{grant of T-GNA for import of} power through Bilateral,or Collective IEX transaction for month of^{August, 2O24, as} un-authorized, as being bereft of any^proper reasoning,^{without any foundation in} fact, based on an ex-facie false^pretense and^{ulterior motive, illegal,arbitrary,} without^{jurisdiction,} besides being contrary^{to the central Electricity Regulatory} Commission (Connectivfty and General^{Network Access to the lnter-State} Transmission System) Regulations, 2022,^{and the provisions of the Electricity Act,} 2003, and besides being violative of^{petitionersrights guaranteed under Articles} 14 and 19(1)(g) of the Constitution of lndia, and,^{b. Directing the '1 st Respondent} to consider and give Standing Clearance^{for grantof T-GNA through Collective} IEX transaclions pursuant to petitioners application^{dt. 25.O7.2024 for month of} August, 2024, and subsequent periods

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lA NO: 1 OF 2024

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Pelitic,n unrir:r section 151 cpc praying that in the circumi;tances stated in the affidavit 'ilecr ir support of the petition, the High Court may ce peased to direct the 1st Respond€ rr to issue standing clearance to the petiiione,is application dt. 25.07.2024 'or grant of r-GNA through collective IEX transact o-r ior import of power to the capia I ty of 18.0 lrrlW, for the month of August, :2024

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lA NO: 2 OF 2o2rl

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Between:

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3lgl".l :?ll 2^{spatch Centre, Trqnsmission Corporation of -fet;lrganaLtd..} vroyur snucr-a. Hyderabad - 500 082. Rep. by its Chief Engine,-"i. TS_SLDC

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...PETITIONER/R[:SiPONDENTS 1

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AND

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1 It4S A-c;anr;a Foundaries Private _Limited, Rama Towers, 5-,1_g3, 2nd Floor, Opp, ttanrrlrrl Bus.Deqot, tVl.G. Road, Secunderabid il,li.ginb: 5oO'6oi Rep b)'its [) rJCtor. lrrlr. Pramod Agarwal

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...RESPONDENTS/PETITIONERS

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2 :?.rll. I lll l:,Pution.Companyof^{Tetangana Limited,TGSpDCL Corporate} ufirce. Cer trat Se( retariat, Khairatablq, Hyderabad, Telan,3arre _ SOO'O22 Rep. b 7 its I I arrman and Managing. Diiecior

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...RESPONDENT/RES^p0NDENT No.2

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Petrtro. ur(i : Sectron 151 cpc praying that in the circurnstances stated in the affidavit rired , support of the petition, ine nign court nray rre pteaseJ to vacate the rnternr.rders dated 13.0g.2024inwp. N;.22000 ol 2(.24 and dismiss the writ Petitirrn

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lA NO: 3 OF 2024

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Between:

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1 :l9l:.1:?"d ])^{r oatch Centre.Tran^smission Corporation of Telalrtana Ltd..} vroyur i)/,rr i Hyderabad _ 500 092. Rep. by its Chief Enginc,e:. TS-SLDC.

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2 :g]rlhr'll^{D,; r bution Company of Telangana Limited. TGSITD:)l-} Coroorate urllce^(.e1l , rt Secretariat. Khairatabad, Hyderabad, Telangan.r _ SOO' 022 r<ep. r\y rr\ (. I rtrman and lvlanaging. Director

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., ...PETITIONERS/RE.SPONDENTS

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AND

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IvlsAoarwalFoundariesPrivateLimited,RamaTowers,5.4-83'2nd.Floor, ii"'".'Rirrr"i art b"pot,^{M.G. Road, Secunderabad Telangana - 500 003} nbb oy its binictor,^{Mr. Pramod Agarual} .1

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"'...RESpOwOeNTS/PETITIONERS

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PetitionunderSectionl5,lCPCprayingthatinthecircdmstancesStatedin the affidavit filed^{in supportof the peiition,the HighCourt may be pleased to} """rt"^{trl" .t"ii,oro.isdated 13/08/2024inwpNo 22000 0t 2024 and dismiss} the writ^petition

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Counsel for the^{Petitioner:SRl. M/S CKR ASSOCIATES}

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Counsel for^{the Respondents:SRI N' SREEDHAR REDDY SC FOR TS} TRANSCO

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The Court made^{the following:ORDER}

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HOI{'BLE MRS JUSTICE SUREPALLI NANDA

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llrRIT^{PETITION No. 22OOO OF 2024}

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ORDERi

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Hearc{ Sri M/s. CKR Associates, learned counsel appearing on behalf of the petitioner and Sri N Sreedhar Reddy, learned Standing Counsel for TS Transco ap,pearing on behalf of respondent No,2.

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The petitioner approached the Court seeking prayer as rrnder:

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issue a writ order or directiort rnore particL l,rrly one in the nature of Writ of Mandantu.:;

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(a) De claring the action of the 1st Respondr:n: in rejectin,l the application dt 25-07-2024 for Stan(:ing Cleara r:e for grant of T-GNA for import cf' po'wer throuq r Bilateral or Collective IEX transaction for month rf August, 2024 as unauthorized, as b(:,ing br:reft of any proper reasoning, without ilny found,:t on in fact, based on an ex-fa(l/e fitl;e preten;(l and ulterior motive illegal, arbitrar,/ witl'out jurisd rtron, besides being contrary to th€: Central El:ctri( i,y Regulatory Commission (Connectivity arrd Gr:ner; I Network Access to the Inter-State Trans,n,ission System) Regulations, 2022 and the

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wp_zzooo zozi

provisions of the Electricity Act, 2O03 and besides being violative of petitioners, rights guaranteed under Articles 14 and 19(1Xg) of the Constitution of India; and_ (b) Directing the 1't Respondent to consider and give Standing Clearance for grant oF T-GNA through corective IEX transactic pursuant to petitioner,s application dt 25-07-2o2,ns 4 for month of August' 2024 and subsequent periods (c) and,/or pass..

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It is represented by the learned counsel appearing on behalf of the petitioner that the cause of action in the present writ petition does not survive for a_djudication any more.

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The said submission oF the learned counsel appearing on behalf of the petitioner is not disputed by Sri N. Sreedhar Reddy, learned Standing Counsel for TS Transco appearing on behalf of respondent No.2.

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Bringing the said submission of the learned counsel appearing on behatf of the petitioner on record, the writ petition is closed. However, there sha[ be no order as to costs.

w\ 22000 2024

Tre miscellaneous applications, if any pend'rg, shall

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stanc closed

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To,

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