MS Agarwal Foundaries Private Limited v. l.StateLoadDispatchCentre

circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus. a. Declaring the action of the 1't Respondent in rejecting the applicationdl.2slogt2o24forStandingClearanceforgrantofT.GNAforimportof power through Bilateral or collective IEX transaction for month of october,2024' aSun-authorized,asbeingbereftofanyproperreasoning,withoutanyfoundation in fact, based on an ex-facie false pretence and ulterior motive, illegal, arbitrary' without lurisdiction, besides being contrary to the orders of this Honourable court in W.P. No. 22000 ol 2024, to the provisions under Central Electricity Regulatory Commission(ConnectivityandGeneralNetworkAccesstothelnter-State Transmission system) Regulations, 2022, and the provisions of the Electricity Act' 2003'andbesidesbeingviolativeofpetitioner,srightsguaranteedunderArticles .ai** 14 and 19(1Xg) of the Constitution of lndia. and, b. Directing the '1 st Respondent to consider and give Standing Clearance for grant of T-GN,\ for the capacity of 18.0 MW through Collective IEX transaction pursuant to petitiller s application dt. 25togt2o24 for month of October, 2024, and subsequent monlhs/periods. c. and/or lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the cir:umstances stated in the affidavit filed in support of the petition, the High Court ma'/ be pleased to direct the '1st Respondent to issue standing clearance to. the petitioner's application dt. 25togl2124 for granl of T-GNA through Collective IEX transaction for import of power to the capacity of 18.0 MW, for the month of Septembe r 2024. lA NO: 2 OF 2024 Between:

1. State Load Discatch Centre, Transmission Corporation o1 Telangana Ltd., Vidyut Soudha Hyderabad - 500 082, Rep. by its Chief Engineer, TS-SLDC.

2. Southern Distribution Company of Telangana Limited, TGSPDCL Corporate Office, Central Secrelariat, Khairatabad, Hyderabad, Telangana - 5OO O22, Rep. by its Ch:airman and [,4anaging Director. AND lr,4S Agarwal Foundaries Private Limited, Rama Towers;, 5-4-83, 2nd Floor, -felangana - 500 003 Opp. Ranigunl Bus Depot, tr/.G. Road, Secunderabad Rep by its Director, [t4r. Pramod Agarwal ...PETITIONERS/RESPONDENTS ...RESPONDENTS/PETITIONER Petition under Section '1 5'1 CPC praying that in the circ;umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 04.'l 0.2024 in WP. No. 27890 of 2024 and dismiss the writ petition. IA NO: 3 0F 2024 Between: Southern Distribution Company of Telangana Limited' TGSPDCL Corp-orate office, centrat s".r"trriri,"rinziiatioit,-tivoerabad, Telangana - 5O0 022, nep. OV its Chairman and Managing Director' ...PETITIONERS/RESPONDENTS NO.2 1. MS Aqarwal Foundaries Private Limited' Rama Towers' 5-4-83' 2nd ' 5;r:'H;;iilii rii'.ii,rji',i,'ilt' R;;A' Secunderabad relansana - 500 003 ^Floor' Rbb uy its Director' Mr. Pramod Agarwal

2. State Load Dispatch Centre, Transmission Corporation of Telangana Ltd - ViOyut Soudha, Hyderabad - 500 082' Rep. by its Chief Engineer, TS-SLDC' ' ...RESPONDENTS/PETITIONER ...RESPONDENT/RESPONDENT NO.1 Petition under Section 151 CPC praying that in the circumstances stated in theaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto vacate the interim orders dated 04'10 2024 in WP No 27890 of 2024 and dismiss the writ petition. Counsel for the Petitioner: M/S CKR ASSOCIATES Counsel for the Respondents: SRt N' SREEDHAR REDDY' SC The Court made the following: ORDER rr. a HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITIONN .2 I o o 4 o DER: Heard Sri C.K'R' Associates' Iearned counsel and Sri appearing on behalf of the Petitioner learned Standing N.Sreedhar ReddY, appearing on behalf of the respondents' Counsel 2 T e DEtiti t orav rasu nd er: ODroa ched th e ou rt. see ki nq ".. to issue a wrlt order or dlrection more particularly one in the nature of Writ of Mandamus: a. Declaring the action of the 1't Respondent in rejecting the application dt'25 'O9 '2(t2'4 for Standing Clearance for grant of T-GNA fc'r import of power through Bilateral or Collec:ive IEX transaction for month of October' 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 iurisdiction' besides being contrary to the orders of this Honourable Court in W.P No 22OOO of 2024 ' to the provisions under Central Electricity Regulatory Commission (Connectivity and General Network Acc':ss to the Inter-State Transmission System) Rrlgulations' 2 SN,J W,P.No.27a9O of 2024 2022 and the provisions of the Electricity Act, 2003, and besides being violative of petitioner,s rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India andl b. Directing the 1't Respondent to consider and give Standing Clearance for grant of T-GNA for the capacity of 18.0 MW through Collective IEX transaction pursuant to petitioner's application dt 25.09.2024 for month of October, 2024, and subsequent months/periods; c. and/or pass such other or further orders as this Hon'ble Court deems fit and proper in the interest of justice. " 3, This Court vi e ats order dated O4.1 o.2024. ln rl ders in f ur of h r-l ition I el v IOn hereu nder: "Taking into consideration the submission put forth by the learned counsel appearing on behalf of the petitioner and duly considering the earlier order of this Court dated 06.09.2024 passed in I.A.No.1 of 2024 in W.P.No.24661 of 2024, respondent No.1 is directed to consider the request of the petitioner for issuance of standing clearance to the petitioner's application dated 25.O9.2024 for grant of T-GNA through Collective IEX transaction for import of power to the capacity of 180 MW for the month of October, 2024 within a period of Three '3' working days from the date of receipt of the copy of the order." B7,/ ;) I To, sN.l W.P.No.2 7890 of 2024 4, N.Sree'dhar Reddy, learned Standing Counsel appearing orr behalf of the respondents submits that in view of the interi.n 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 learrrerd Standing Counsel appearing on behalf of the responrlr:nts is not disputed by the learned counsel appearing on behalf of the petitioner. 6. Bringing the said submission made by the learned Standing Counsel appearing on behalf of the respondents on record, the writ petitio n 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// SD/-S. MALLIKARJUNA RAO REGISTRAR AS IISTANT SECTION OFFICER

1. One CC to lV/S CKR Associates Advocate [OPUC] 2. One CC to Sri N. Sreedhar Reddy, SC IOPUC] 3. Two CD Copies TJ GJP f HIGH COURT DATED:2910112025 ORDER WP.No.27890 of 2024 .t ttE S r.li;o (: ,F. ( ?\', o ,1. :l 2 APH 20fi * n"srotcutg/ -=/ CLOSING THE WRIT PETITION WITHOUT COSTS b 4t /o /* /{tr I I I i I I I t t