HC nixes PIL against discoms' privatisation
The PIL petitioner Vijay Pratap Singh had challenged the privatization of Dakshinanchal Vidyut Vitran Nigam Ltd and Purvanchal Vidyut Vitran Nigam Ltd by citing certain communications of Uttar Pradesh power corporation limited (UPPCL) in this connection.
Dismissing the PIL, a division bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra observed, "The relief claimed and the challenge laid apparently is based on assumptions.
The record does not indicate that the petitioner has, at any stage, even approached the respondents (UP govt and others)..."
"In that view of the matter, at this stage, we do not find any reason to entertain the present petition. The same is, therefore, dismissed," added the court. However, the court in its decision made it clear that the petitioner is free to take appropriate proceedings in accordance with law.
In the PIL, the petitioner had requested the court to issue a 'writ of certiorari' to terminate the proceeding initiated to dilute the stake of Purvanchal Vidyut Vitran Nigam in the company, as same is without the mandatory compliance of rules and without following the mandate of the Companies Act, 2013.
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In addition to it, the court also requested the court to issue a 'writ of mandamus' commanding respondents to adopt professional attitude to manage the UP Power Corporation Limited and its four companies and appoint only persons having technical qualification in board of the company and to abolish the post of chairman from the company as same is against the mandate of the companies Act, 2013.
After hearing the counsel for the petitioner, the court in its decision dated July 11 dismissed the PIL, noting that from the material, which has been placed on record, it is apparent that at this stage, by communication dated March 20, 2025, the chief engineer has indicated that the technical evaluation committee of UPPCL has evaluated technical bids submitted by the bidders for privatization in Dakshinanchal Vidyut Vitran Nigam Limited and Purvanchal Vidyut Vitran Nigam limited and nothing more has been produced on record.
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