Telangana High Court
M/S. Anjaiah Earth Movers vs The Telangana State Power ... on 16 March, 2022
Bench: A.Abhishek Reddy
THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY
WRIT PETITION No.13374 of 2022
ORDER:
Heard Mr. Malladi Pavan Kumar Aditya, learned counsel for the
petitioner and the Mrs. A.Deepthi, learned Standing Counsel for
Telangana State Power Generation Corporation Limited (TSGENCO)
appearing for the respondents. With their consent, the present Writ Petition
is being disposed of at the admission stage.
2. This writ petition is filed seeking a writ of mandamus declaring the
order passed by respondent No.2 vide Lr.No.EE/AEE/CIVIL-
SDI/RTS/RDM/F(Ash Pond)/D.No.127/22, dated 08.03.2022, terminating the
contract upon extraneous considerations and without any valid reason, as
arbitrary and illegal, the petitioner has filed the present Writ Petition.
3. The learned counsel for the petitioner has stated that without putting
the petitioner on notice and giving them an opportunity of hearing, the
impugned termination order has been passed. That as per the earlier order
passed by the authorities themselves, the time for lifting the ash from the
Ash Pond-A of RTS-B, Ramagundam, during the period from 10.02.2022
to 31.03.2022 is extended up to 31.03.2022, but the authorities have
abruptly passed the impugned order terminating the contract of lifting of
ash with immediate effect i.e., from 08.03.2022. Learned counsel has
further stated that the petitioner has invested huge amounts for the purpose
of lifting the ash from the identified area and in case, the permission
granted earlier is terminated abruptly, the petitioner will be put to great
hardship and irreparable loss.
4. Per contra, the learned Standing Counsel appearing on behalf of the
respondents, has stated that the petitioner was permitted to lift the ash at
free of cost, as there was no demand for lifting of the ash from the ash
pond, but subsequently, the demand for the pond ash has been increased
tremendously, and the NTPC, Ramagundam, has got the highest bid price
of Rs.402/- per Metric Ton plus taxes. In view of the same, the official
respondents have taken a decision to provide ash through transparent
bidding prices only and to that effect, they have issued a tender
notification on 08.03.2022 and the price bids were opened on 15.03.2022.
That even if the minimum rate of Rs.50/- per Metric Ton is fixed, the
official respondents will approximately get Rs.1.58 Crore per annum. As
the petitioner was permitted to lift the fly ash free of cost, they have no
vested right to seek continuation of the permission granted earlier. Learned
Standing Counsel has drawn the attention of this Court to Clause 12 of the
terms and conditions of the authorization granted to the petitioner, which
reads as under:
"The TSGENCO reserves right to cancel the authorization
on its own discretion and non compliance of the directives related
with safety security, allocated location etc."
5. Even though the learned counsel for the petitioner has relied on
Judgment of the Hon'ble Supreme Court reported in ABL International
Ltd. v. Export Credit Guarantee Corporation of India Limited,1 the same
is not applicable to the facts of the present case, as the petitioner is bound
by the terms and conditions, which were annexed to the authorization
letter.
6. Having regard to the above, this Court does not find any infirmity or
illegality with the impugned order. However, if the petitioner is so
advised, they are free to participate in the future tender process, but they
do not have any vested right to continue with the authorization granted in
their favour earlier.
7. In view of the reasons stated above, the Writ Petition is dismissed.
However, time is granted to the petitioner to vacate the premises by
19.03.2022. If the petitioner does not voluntarily vacate the premises by
2004 SCC 553
19.03.2022, the official respondents can take necessary action for taking
over the possession of the subject premises.
Miscellaneous applications, if any pending, shall stand closed. There
shall be no order as to costs.
______________________
A. ABHISHEK REDDY, J
16th March, 2022.
Plv/va
