Itc Limited, vs Transmission Corporation Of A.P. ...
2023 Latest Caselaw 2230 Tel

  THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

                            AND

  THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR


WRIT PETITION Nos.10772, 11679 and 16703 of 2004


COMMON ORDER: (Per the Hon'ble the Chief Justice Alok Aradhe)


     Mr. Deepak Chowdary, learned counsel representing

Mr. Challa Gunaranjan, learned counsel for the petitioner.

     Mr. R.Vinod Reddy, learned Standing Counsel for the

respondents.

2. Learned counsel for the parties jointly

submitted that the issue involved in these writ petitions

has been dealt with by this Court in W.A.No.2153 of 2004

& batch vide common judgment dated 16.08.2023. It is

therefore submitted that the writ petitions be disposed of

on same terms and with similar directions in the aforesaid

common judgment.

::2::

3. Paras 29 and 30 of the common judgment dated

16.08.2023 passed by this Court in W.A.No.2153 of 2004 &

batch are extracted below for the facility of reference:

"29. The A.P.Transco is entitled to charge the tariff under clause 11 of MoU-I and clause 3.2 of MoU-II. The notices have already been issued to the participating industries. The participating industries shall be entitled to file objections, if any, to the demand notices issued by A.P.Transco to point out that the same is not in conformity with clause 11 of MoU-I or clause 3.2 of Mou-II. Thereafter, A.P.Transco shall consider the objections, if any, preferred by the participating industries. Needless to state that after decision on the objections preferred by the participating industries to the demand notices impugned in these appeals and the writ petition, A.P.Transco shall be entitled to recover the amount from the participating industries in accordance with law.

30. To the aforesaid extent, the common orders dated 06.12.2004 passed in W.P.Nos.9154 of 2004 and connected matters and order dated 20.12.2004 passed in W.P.Nos.9945 of 2004 and ::3::

connected matters passed by the learned Single Judge are modified."

4. In view of submissions made by learned counsel

for the parties, the Writ Petitions are disposed of on same

terms and with similar directions in common judgment

dated 16.08.2023 passed by this Court in W.A.No.2153 of

2004 & batch. No order as to costs.

As a sequel, miscellaneous applications pending, if

any, shall stand closed.

_______________________________ ALOK ARADHE, CJ

_______________________________ N.V.SHRAVAN KUMAR, J

Date: 11.09.2023 KL