✦ High Court of India · 29 Jan 2025

High Court · 2025

Case Details High Court of India · 29 Jan 2025
Court
High Court of India
Decided
29 Jan 2025
Bench
Not available
Length
1,088 words

M/s. Nava Limited, (Formerly M/s. Nava Bharat Ventures Limited)' 6-3- '1 109/1 , Nava Bharaih Chamb6rs, Raj Bhavan Road, Somajiguda, Hyderabad, Telangana - 500 082. Rep. by its Authorized Signatory, Sri. C. Mani Kumar. Having its Unit at: Palwancha, Bhadradri Kothagudem District, Telangana - 5O7 154. ...PETITIONER AND 1 2 State Load Dispatch Centre, Transmission Corporation- of Telangang Ll9,.. ^ Vidyut Soudha, Hyderabad - 500 082. Rep. by its Chief Engineer, TS-SLDC. The Northern Power Distribution Company of Telangana Ltd. (TSNPDCL)' Vidyuth Bhavan, Nakkalagutta, Hanamkonda, Warangal, Telangana. Rep. by its Chairman and Managing Director. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fited 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 action of the 1st Respondentin restricting the quantum of lmport of power from the peiitioner's own Captive Generating Plant in odisha to 2.0 MW, as against the applied quantum of 33.0 MW for the month of March,2024 and 35.0 MW for the months of April and May,2024, for the purpose of issuing standing clearance for grant of T-GNA through bilateral transaction in pursuant to the application of the petitioner dt. 01 .02.2024, as un-authorized, 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 Central Electricity Regulatory Commission (Connectivity anc Gerneral Network Access to the lnter-State Transmission System) Regulatir,ns, 2022, and the provisions of the Electricity l,ct, 2003,.and besides being vic lative of petitioner's rights guaranteed under A licles 14 and 19(1Xg) of the Constitution of lndia and, b. Directing the 1st Flespondent to consider and giv-- S;landing Clearance for grant of T-GNA thr)ugh bilateral transaction for im[,ort of power from its own CGP in Odisha for the r:ntire capacity of 33.0 It/W for t1€ month of March, 2024 and 35.0 MW for the mont-rs of April and May,2024, pursLant to petitioner's application dl. 01.02.2024 and subsequent periods c. and/or p ass; fA NO: 1 OF 2024 Petition uncer llection 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High Court may be ple:ased to direct the 1st Responde rt to consider and give Standing Clearance for g-ant of T-GNA through bilateral t ansz)ction for import of power from its own CG F for the entire capacity of 33.0 tVW lcr the month of [\,4arch, 2024 and 35.0 MW for the months of April and ltllay,2024. prrrsuant to petitioner's application dt. 01 .02.20|24. Counsel for the P,:titioner: M/S CKR ASSOCIATES Counsel forthe Rrspc,ndents: SRI N. SREEDHAR REDDY, SC The Court made the following: ORDER ',ra! HON'BLE MRS. JUSTICE .SUREPALLI NANDA WRIT PETITION NO.4O8L Of 2024 ORDER: Heard Sri C.K.R.Associates, !earned counse! appearing on behalf of the petitioner and Sri N.Sreedhar Reddy, learned Standing Counsel appearing on behalf of the respondents.

2. The Detitioner aDoroac h ed the Court seekino Draver a s under: "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus: a. Dectaring the action of the 1't Respondent in restricting the quantum of Import of power from . the petitioner's own Captive Generating Plant in Odisha to 2.0 MW, as against the applied quantum of 33.0 MW for the month of March, 2024 and 35.0 MW for the months of April and May, 2024 for the purpose of issuing standing clearance for grant of T-GNA through bilateral transaction in pursuant.to the application of the petitioner dt:01.02.2024, as un-authorized, 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 Central Electricity Regulatory 2 SN,J w.P.No.4oa1 of 2024 Cornmission (Connectivity and General Netvvork Acce ss to the Inter State Transmission System) Requlations, 2022 and the provisions of the ile,:t-ricity Act, 2003, and besides being violatir,e of retitioners rights guaranteed under Articles 14 and tg(l )(g) of the Constitution of India; and, b. )irr::ting the 1't Respondent to consider and give Standing Clearance for grant of T-GNA thrcugh :ilateral transaction for import of power From its :wn CGP in Odisha for the entire capacity of .l3.0 YW for the month of March, 2024 and 35.0 MV,/for .he months of April and May 2024 pursuant to ret tioner's application dt 01.02.2024 and ;u bseq uent periods; c. rnd/or pass such other or further orders as this 1on'ble Court deems fit and proper in the :ircu mstances of the case. " Th is Court vide its order dated 29.02 .2024. passed intgrim orders in favour of the petition(:r and the releva nt Dortion of the said order is ext hereu nd er: 'In the circumstances, there shall lte inte|im direction to the respondents to continue earlier arrangement and issue No Objecticn Cert fica:ion for Inter State Short Term Opr:n Acce ss f,:r import of 35.0 MW Power for the month of Mar:h, 2024 i.e., from 07.03.2024 to 37.A3.2{124, to the petitioner." ,r#,il ) sN,l W.P.No.4O81 of 2024

4. N.Sreedhar Reddy, learned Standing Counsel appearing on behalf of the respondents submits that in view of the interim orders of this Court dated 29.02.2024 passed in the present writ petition, no further orders are necessary and the writ itself has become infructuous.

5. The said submission made by the learned Standing Counsel appearing on behalf of the respondents is not disputed by the learned counsel appearing on behalf of the petitioner. 6. Bringing the said submission made by the tearned Standing Counsel appearing on behalf of the 'regpondents on record, the writ petition is closed' However, there shall be no order as to costs' As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. //TRUE COPY// ASSIS SD/.N. SRIHARI T REGISTRAR TION OFFICER

1. One CC to M/S CKR Associates, Advocates [OPUC] 2. One CC to Sri N. Sreedhar Reddy, SC[OPUC] 3. Two CD Copies I To, TJ GJP HIGH COUR.T DATED:2910112.025 ORDER {Gn WP.No.408'1 ol'2024 l ttE SITAls 0;i tPr 2l]25 t .\: =:-.:i pO (: ( r J' CLOSING THE WRIT PETITION WITHOUT COSTS 2 /A /L5 /O

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