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2025 Supreme(Raj) 1084

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE SHREE CHANDRASHEKHAR, MR. JUSTICE CHANDRA SHEKHAR SHARMA, JJ
M/s. South West Miniing Limited (Swml) – Appellant
Versus
Rajasthan Electricty Regulatory Commission, Vidyut Viniyamak Bhawan – Respondent


Advocate Appeared:
For the Appellant :Mr. Vikram Nankani, Senior Advocate assisted by Mr. Vinay Kothari with Mr. Rohan Talwar Mr. Mehul Kothari Mr. Ayush Goyal Mr. Bhavyadeep Singh, Advocates
For the Respondent:Mr. Rajendra Prasad, Senior Advocate assisted by Mr. Anirudh Singh Shekhawat for respondent no.3 with Mr. Kartik Seth (through VC) Mr. P.N. Bhandari (through VC) Mr. Chiranjeev Sharma, Mr. Harshwardhan Singh Chundawat, Mr. Sunil Purohit for respondent no.1 Mr. Sachin Mathur, for respondent no.2 with Mr. Kanishk Sharma Mr. Amit Kapoor (through VC) Mr. Aman Anand, Advocates

JUDGMENT :

Per, Shree Chandrashekhar, J.

M/s. South West Mining Limited (SWML) which was nominated as the Mining Development Operator (MDO) for undertaking the mining operations for the Barmer Lignite Mining Company Limited (BLMCL) is aggrieved by the judgment pronounced by the writ Court on 31st August 2023 in S.B. Civil Writ Petition No.8291 of 2023. By the said judgment, the challenge laid by the appellant-company to the orders passed by the RERC and/or the communication made to it on 21st April 2023, 25th April 2023, 1st May 2023, 23rd May 2023, 24th May 2023 and 30th May 2023 was rejected by the writ Court.

2. Before the writ Court, the orders passed by the RERC were challenged by the appellant-company primarily on the ground of jurisdiction of the RERC to issue directions to it to disclose its confidential informations pertaining to the mining expenses incurred by it. The main prayer made on behalf of the appellant- company was formulated thus :

“(i) By an appropriate writ, order or directions, the impugned orders/communications/summons dated 21.4.2023, 25.4.2023, (Annexure-4), 1.5.2023 (Annexure-5), 23.5.2023 (Annexure-6), 24.05.2023 (Annexure-7) & 30.5.2023 (Annexure-8) passed

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