THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.33641 of 2014 Between:
Deccan Cements Limited And Dated 11th November, 2014 …Petitioner The Government of Telangana, rep.by its Secretary, Department of Energy, Secretariat, Saifabad, Hyderabad and others …Respondents Counsel for the petitioner: Sri S.Ravi for Sri Ch.Pushyam Kiran Counsel for respondent No.1: AGP for Energy Counsel for respondent Nos.2 to 4: Sri S.V.Ramana for Sri O.Manohar Reddy The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the inaction of respondent No.3 in endorsing “no dues” on the no dues certificate issued by the Superintending Engineer, Operation Circle, Nalgonda to enable the petitioner to obtain No Objection Certificate (NOC) from respondent No.4 for sale of power through Indian Energy Exchange (IEX) as illegal and arbitrary. The petitioner sought for a consequential direction to respondent No.3 to endorse “no dues” for the month of November, 2014.
I have heard Sri S.Ravi, learned Senior Counsel appearing for the petitioner, and Sri S.V.Ramana, learned counsel, representing Sri O.Manohar Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4.
The petitioner averred that it has been selling power though IEX since September, 2014. That for such sale, it has to obtain new dues certificate on monthly basis, that on 26.09.2014, it has obtained no dues certificate from respondent No.3 for the month of October, 2014 and that based on the said no dues certificate, NOC dated 29.09.2014 was issued by respondent No.4 for the said month. That when the petitioner applied for no dues certificate for the month of November, 2014 the Superintending Engineer, Operation Circle, Nalgonda of respondent No.3, issued a no dues certificate, dated 29.10.2014. However, respondent No.3 has refused to endorse “no dues” on the said certificate on the ground that in the said certificate a sum of Rs.1,73,86,695/- is shown as dues payable by the petitioner.
It is the pleaded case of the petitioner that a sum of Rs.99,49,525/- is under dispute and the same is subject matter of W.P.No.30531 of 2014 in which this Court has granted interim order on 14.10.2014 staying disconnection of power supply for non-payment of the said amount. The petitioner also pleaded that the balance amount of Rs.74,37,170/- represents FSA dues which as per the no due certificate, dated 29.10.2014, itself is the subject matter of S.L.P.Nos.15391, 15392 and 15393 of 2014. The petitioner has accordingly averred that the said amount of Rs.1,73,86,695/- is not recoverable from it at this stage and that therefore, respondent No.3 cannot refuse to endorse on the no dues certificate issued by the Superintending Engineer, Operation Circle, Nalgonda.
When the writ petition came up on 10.11.2014, the learned Standing Counsel has taken time for instructions. Accordingly, the case is posted to today. At the hearing, the learned counsel representing Sri O.Manohar Reddy, learned Standing Counsel, fairly accepted the plea of the petitioner that the entire sum of Rs.1,73,86,695/- is not recoverable at the moment for the reasons stated by the petitioner.
In view of this admitted position, respondent No.3 is directed to endorse “no dues” on the “No Dues Certificate”, dated 29.10.2014, prepared and issued by the Superintending Engineer, Operation Circle, Nalgonda immediately to enable the petitioner to obtain NOC from respondent No.4.
The writ petition is accordingly allowed.
As a sequel to disposal of the writ petition, W.P.M.P.No.42080 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 11th November, 2014 Note: Issue CC in three days. (b/o)
VGB