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2019 Supreme(Gau) 1269

NANI TAGIA
Sew Nafra Power Corporation Ltd. – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates Appeared:
For the petitioners: Mr. B. Chakraborty
For the respondents: Mr. D. Soki and Mr. L. Perme

JUDGMENT AND ORDER :

1. By means of this writ petition, the writ petitioner has challenged the “Notice of Intention to Terminate” dated 13.5.2019, issued by the Commissioner, Power, Government of Arunachal Pradesh, Itanagar to the petitioner in terms of Memorandum of Agreement dated 14.9.2017 entered into between the parties.

2. Mr. D. Soki, learned Additional Senior Government Advocate by referring to annexure 26 of the writ petition submits that the petitioner herein had earlier approached this court by filing WP(C) No. 192 (AP)/2019, wherein the same notice of Intention to Terminate dated 13.5.2019 was challenged which writ petition, however, was withdrawn on 22.7.2019 without any further leave of this court to approach this court again. Mr. Soki, learned Additional Senior Government Advocate by relying upon the decision rendered by hon'ble Supreme Court in the case of Sarguja Transport Service v. State Transport Appellate Tribunal, Madhya Pradesh, Gwalior, (1987) 1 SSC 5 submits that since the writ petition was withdrawn without any leave of this court to file a fresh writ petition, the present writ petition would not be maintainable.

3. On the other hand, Mr. B. Chakraborty, lear

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