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2026 DAILYLAW 3180 (AP)

M/s. Axis Energy Ventures India Private Limited v. The State of Andhra Pradesh

WP/7728/2026 · 2026-06-15

Venkateswarlu Nimmagadda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010147132026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7728/2026 Between: 1. M/S. AXIS ENERGY VENTURES INDIA PRIVATE LIMITED, (THROUGH ITS AUTHORIZED REPRESENTATIVE MR A W SIDDIQUI) - LEVEL 6, WING -2, BLOCK D, CYBER GATEWAY, HITECH CITY, MADHAPUR, HYDERABAD - 500081, TELAGANA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, (REPRESENTED BY THE CHIEF SECRETARY) A.P. SECRETARIAT, VELAGAPUDI, ANDHRA PRADESH - 522 503 2. NEW AND RENEWABLE ENERGY DEVELOPMENT CORPORATION OF A P LIMITED, (REPRESENTED BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR) 12-464/5/1, RIVER OAKS APARTMENT, CSR KALYANA MANDAPAM ROAD, TADEPALLI, GUNTUR DISTRICT - 522 501 3. JSW RENEWABLE ENERGY CEMENT LIMITED, (REPRESENTED BY ITS AUTHORIZED SIGNATORY) JSW CENTRE, BANDRA KURLA COMPLEX BANDRA - (EAST) MUMBAI CITY, MAHARASHTRA INDIA 40005 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ more specifically in the nature of mandamus 2 or any other writ, order, direction a. Declare that the inaction of the Respondent authorities in failing to consider and act upon the Petitioners representations dated 09.01.2026, 12.01.2026 and 21.01.2026 as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India b. Declare that the Petitioner had a legitimate expectation that Respondent authorities would enforce applicable provisions uniformly and remove unauthorized encroachments, and that failure to do so is arbitrary and unsustainable in law c. Declare that the failure of Respondent No.2 - NREDCAP to remove the illegal construction made by Respondent No.3 within the project boundary demarcated in favour of the Petitioner, despite repeated representations dated 09.01.2026, 12.01.2026 and 21.01.2026, is arbitrary, illegal, unreasonable , and violative of Article 14 of the Constitution of India d. Direct NREDCAP to forthwith discharge their duties and initiate proceedings in accordance with law for removal of the illegal construction made by Respondent no. 3 on lands/areas demarcated in favour of the Petitioner e. Direct NREDCAP to act fairly, transparently, and consistently in accordance with their declared policy and order removal of encroachments/construction by Respondent No. 3 in the area demarcated for the Petitioner and remove all encumbrances created by the Respondent No. 3 in the area demarcated for the Petitioner and to pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct respondent No.2 to ensure that no construction is undertaken by respondent No.3 in the demarcated area sanctioned in favor of the petitioner IA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Direct respondent no. 3 to stop further construction with respect to the land within the demarcated Project boundaries of the Petitioner. pass IA NO: 3 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Direct and Restrain Respondent no. 3 from raising any construction in the demarcated area sanctioned in favor of the petitioner which would impact the project approval accorded to the Petitioner. pass 3 IA NO: 4 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Direct and Restrain Respondent no. 3 from acting in violation of the MNRE Amended “Guidelines for Development of Onshore Wind Power Projects” dated 04.07.2024 and Capacity Sanction Agreements. pass Counsel for the Petitioner: 1. TAGORE YADAV YARAGORLA Counsel for the Respondent(S): 1. ALAPATI VIVEKANANDA (SC FOR NREDCAP) 2. CKR ASSOCIATES 3. GP FOR GENERAL ADMINISTRATION The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7728/2026 ORDER: Learned counsel for the petitioner filed a memo dated 25.05.2026 whereunder the petitioner and respondent Nos.2 and 3 entered into an amicable settlement as per the terms of tripartite agreement dated 20.05.2026. In view of the settlement between the parties, no further orders are necessary and sought permission of this Court for withdrawal of the Writ Petition. 2. In view of the amicable settlement and agreement, permission as sought for is accorded. 3. Accordingly, the Writ Petition is closed as withdrawn. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 16.06.2026 TTPPSS 5 38 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7728/2026 16.06.2026 TTPPSS