M/S. Hinduja Foundaries Ltd., v. The Central Power Distribution
132521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 36s18 OF 2012 Between:
M/s. Hinduja Foundaries Ltd., B-15, lDA, Uppal, Hyderabad rep., by The Dy. General Manager (FlN and Accts) K. Udaya Babu S/o. Kotaiah, aged about 54 years, Rio. A-904, Allwyn Colony, Pt Phase, Kukatpalli, Hyderabad-500 o07.
...PETTTTONER(S) AND The Central Power Distnbution, Company Ltd., of Andhra Pradesh (APCPDCL) Rep., by its V.C. and It/.D. Mrnt Compound, flyderabad The Superintending Engrneer, APCPDCL, (Operation), RR, East, Habsiguda, Hyderabad The Senior Accounts Officer, APCPDCL, (Operation), RR, East, Habsiguda, Hyderabad ...RESPONDENTS 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 in the nature of a Writ of Mandamus or any other appropriate writ direction, order or orders declaring the action of the respondents in directing payment of the FSA of 2008-2009 collected in the month of July 2010 to June 2011 and adjusted by the petitioner in the C.C. bill payment of October 2012 by Letter No- SE/OP/RRC/E/SAO/JAO/HT/D No- 311, dated 21-11-2012 issued by the 2nd respondent as wholly arbitrary, illegal without jurisdiction and void.
l.A. NO: 1OF 2O12(WPMP. NO: 46374 0F 20121 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 stay all further proceedings pursuant to the letter No: SE/OP/RRC/E/SAO/JAO/HT/D No: 31'1 , dated 21- 11-2012 issued by the 2nd respondent as otherwise the petitioner would suffer serious and irreparable loss and hardship.
Counsel for the Petitioner: SRl. M P CHANDRAMOULI Counsel for the Respondents: SRI R. VINOD REDDY SC FOR TGSPDCL The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION 0.36518 0F 20L2 ORDER:
Heard Sri M.P. Chandramouli, learned Senior Designated Counsel appearing on behalf of the petitioner and Sri R. Vinod Reddy, learned Standing Counset for TGSPDCL, appearing on behalf of respondents.
2. The petitioner approached the Court seeking prayer as under:
" ..-.to issue a writ in the nature of a Writ of Mandamus or any other appropriate writ direction order or orders declaring the action of the respondents in directing \ \ payment of the FSA of 2008-2009 collected in the month of July 2010 to June 2011 and adjusted by the petitioner in the C.C. bill payment of October 2Ol2 by Letter No. SE/OPIRRC/E/SAO/ J AO I HI / D No. 3 1 1, dated 2l-ll-2}12 issued by the 2"d respondent as wholly arbitrary, illegal without jurisdiction and void and pass such other and further orders as this Honorable court deem fit and proper in the facts and circumstance of case".
) 3.
It is represented by Sri M.P. Chandramouli, learned Senior Designated Counsel appearing on behalf of the petitioner that the cause of action in the present writ petition does not survive for adjudication, any more 4.
Bringing the said submission of the learned Senior Designated Counse! appearing on behalf of the petitioner on record, the Writ Petitaon is dismissed as infructuous. 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. ARI RAR SD/.N. S ASSISTANT REGI ,TRUE COPY'
SECTION OFFICER To, One CC to SRl. M P CHANDRAMOULI Advocate [OPUC] One CC to SRI R. VINOD REDDY SC FOR TGSPDCL [OPUC] a Two CD Copies KKS o,'Fo-
II HIGH COURT DATED:1011212024 E. SrA/tl'
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ORDER
WP.No.36518 of 2012 DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS .PRa @ 6linr -,]