Ms Agarwal Foundaries Private Limited, Vs State Load Dispatch Centre

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132521

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

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TUESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 24661 OF 2024

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Between:

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MS Agarwal Foundaries^{PrivateLimited, RamaTowers, 5-4-83,2nd Floor,} Opp. Ranigunj Bus Depot,^{tVl.G. Road, Secunderabad Telangana- 500 003} Rep by its Director, Mr.^{PramodAganrval}

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...PETITIONER

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AND

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1 State Load Dispatch Centre, Transmission^{Corporation of TelanganaLtd.,} 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 500 O22} Rep. by its Chairman^{and Managing Director}

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...RESPONDENTS

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Petition under Article 226 of^{the Constitution} of^{lndiapraying that in the} circumstances stated in the affidavit^{filed therewith, the High Court maybe} pleased to issue a writ, order or direction more^particularly one in the nature of Writ of Mandamus. a.Declaring the^{action of the 1st Respondentin rejecting the} application dt. 27.O8.2024^{for Standing Clearance for grantof T-GNA for import of} power through Bilateral or Collective IEX transaction for month of September, 2O24, as un-authorized, as being bereft of^{any proper reasoning,without any} foundation in fact, based on an ex-facie^{false pretenceand ulterior motive,illegal,} arbitrary, without^{jurisdiction,} besides being^contrary to^{the orders of this Hon ble} Court in W.P. No. 22O0O of 2024, to^{the provisionsunder Central Electricity} Regulatory Commission (Connectivity and General Network^{Access to the lnter-} State Transmission System) Regulations,^2022, and^{the provisionsof the} Electricity Act, 2003, and besides being violative of^{petitioners rights guaranteed} under Articles 14 and 19(1)(g) of the^{Constitutionof lndia. and, b.Directing the 1st} Respondent to consider and^give Standing Clearance^{for grant of T-GNA through} Collective IEX transactions^{pursuantto petitioners applicationdt. 27.08.2024fot} month of September, 2024, and subsequent^periods.

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lA NO: 1 OF 2024

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Petition under llection 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 1st Respondent to issue standing clearance to the petitioner s application dt. 27.08.2024 for grant of r-GNA through collective IEX transaction ior import of power to the capacity cf 18.0 MW, for the month of September, 2024

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lA NO: 2 OF 2024

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Between:

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'1. State Load Dispalch Centre, Tran-smission Corporation of Tetangana Ltd., Vidyut Soudha, Hyderabad 500 082. Rep. by it; Chief engineer,"iS_Sl-Db

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southern Distribution company of relangana Limited, TGSPDCL coroorate Office, Central Secretaria.t, . Khairatabad, Hyderabad- Tetangana 500'02,^- Rep. by its Chairman and Managing Directoi

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...PETITIONERS/RESPONDENTS

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AND

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MS Agarwal Fq,ndaries Private Limited, Rama Towers, 5-4-83, 2nd Floor, pOO., Ranig^ynj Bus.Deqot, M.G. Road, Secunderabad Telangana - SOO OO'j Rep by its Director, Mr. Pramod Agarwal

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...RESPONDENTS/PETITIONERS

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Petition under section 151 cPc praying that in the circumslances stated in the affidavit filed in support of the petition, the High courl may be pleased to vacate the interim orders dated 06.09.2024 inwp. No. 2461 1 of 2024 and dismiss the writ petition

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lA NO: 3 OF 2024

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Between:

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So__uthern Distribution Company of Telangana Limited, TGSpDCL Coroorate Ullrce, Central Sr)cretariat, . Khairatabad, Hyderabad. Telanqana SOO'OZ2 Rep. by its Chaiman and Managing Directoi

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...PETITIONERS/fTESPONDENTS

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AND

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1 MS Agarwal For"rndaries Prjvate Limited, Rama Towers, 5-4-83, 2nd Floor, Opp., Ranig^unj Bus.Depot, M.G. Road, Secunderabad Tetangana _ SbO OOj Rep by its Director. It4r. Pramod Aganrrral

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...RESPONDENTS/PETITIONERS

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2 :!gtelgad Dispatch Centre, Tran_smission Corporation of Tetangana Ltd., vrdyut Soudha, Hyderabad 500 082. Rep. by its Chief Engineer,-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 interim orders dated 06.09.2024 in WP. No. 24661 of 2024 and dismiss the writ petition

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

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Counsel forthe Respondent No.1: SRI R.VINOD REDDYSC^FORTSTRANSCO Counsel for the Respondent No.2: SRI N. SREEDHAR^{REDDY SC FOR} TGSPDCL

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The Court made the following: ORDER

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I

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PET ON No.2 61 OF 20 4

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ORDER:

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Heard M/si.CKR Associates, learned counsel appearing on behalf of the petitioner and Sri N.Sreedhar Reddy, learned Standing Counsr:l appearing on behalf of the respondents.

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2 er a era

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under:

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"...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus: a) Declaring the action of the 1st Respondent in rejecting the application dt.27.O8.2024 for Standing Clearance for grant of T_GNA for import of power through Bilateral or Collective IEX transaction for month of September, 2024 as un_ authorized, as being bereft of any proper reasoning. without any foundation in fact, based on an ex_facie false pretence and ulterior motive, illegal, arbitrary, without jurisdiction, besides being contrary to the orders of this Hon,ble Court in W.p.No_22000 of 2O24 to the provisions under Central Electricity Regulatory Commission (Connectivity and General Network Access to the Inte r^ Sta te Tra n sm ission System) Regulat.ions, 2022, and the provisions of the Electricity Act, 2003, and besides being violative of petitioner,s

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2

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rights guaranteed under Articles 14 and 19(1Xg) of the Constitution of India; and,

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b) Directing the 1st Respondent to consider and give Standing Clearance for grant of T-GNA through Collective IEX transactions pursuant to petitioner's application dt.27.O8.2024 for month of September, 2024 and subsequent periods;

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c) and/or pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of^j ustice. "

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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 adjudication, any more.

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Bringing the said submission of the learned counsel appearing on behalf of the petitioner on record, the writ petition is dismissed as infructuous. However, there shall be no order as to costs,

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any, pending in the Writ Petition shall also stand closed.

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SD/. T. JAY REE ASSISTANT REGI RAR

//TRUE COPY//

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