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2022 Supreme(HP) 129

SANDEEP SHARMA
ADANI POWER LIMITED – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH SECRETARY, MINISTRY OF POWER, GOVERNMENT OF HIMACHAL PRADESH – Respondent


Advocate Appeared:
For the Appellant :MR. VIKRAM NANKANI AND MR. NEERAJ GUPTA, SENIOR ADVOCATES WITH MR. MALAV DELIWALA AND MR. AJEET JASWAL, ADVOCATES
For the Respondent:MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. SUDHIR BHATNAGAR, MR. ARVIND SHARMA AND MR. DESH RAJ THAKUR, ADDITIONAL ADVOCATES GENERAL AND MR. NARINDER THAKUR MR. GAURAV SHARMA AND MR. KAMAL KISHORE, DEPUTY ADVOCATES GENERAL

ORDER :

Being aggrieved and dissatisfied with issuance of communication dated 7.12.2017 (Annexure-R)(page-187), issued by the Special Secretary (Power) to the Government of Himachal Pradesh, whereby the petitioner came to be apprised that due to various legal intricacies and contractual complications involved in the matter, the Council of Ministers has reconsidered and reviewed the decision taken in its meeting held on 4.9.2015, to refund the amount of upfront premium deposited by the petitioner for Jangi-Thopan Powari Power Project, petitioner has approached this Court in the instant proceedings filed under Art. 226 of the Constitution of India, praying therein for the following main reliefs:

    "(a) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari, or any other appropriate Writ, Order or direction, calling for the records and proceedings leading to the issuance of the impugned letter dated 7th December, 2017 (Annexure-R hereto) and after going into the legality, validity and propriety thereof, to quash and set aside the same.

(b) that this Hon'ble Court be pleased to issue a Writ of Certiorari, or a Writ in the nature of Certiorari,

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