W.P. 15922/2011
Bharti Infratel Limited State of M.P. And Ors.
10.10.2011
Shri Sanjay K.Agrawal and Shri Abhijeet Awasthy, Counsel for
the petitioner.
Shri P.K.Kaurav, Counsel for respondents 2 to 5. Shri Kaurav raised a preliminary objection that earlier the
petitioner had filed a petition bearing W.P. no. 7105/2011, but it was
withdrawn by the petitioner. So second petition for the same cause of
action does not lie.
Per contra, Shri Agrawal, counsel for the petitioner, submitted
that the respondents 2 to 5 have no authority under law to claim any
administrative charge and in this regard, another Writ Petition
No.4181/2011 filed by Viom Net Works Limited has been
entertained by this Court and ad interim order has been passed on
19.9.2011.
Considering the aforesaid, subject to consideration of the
aforesaid objection, we direct that this petition be listed for analogous
hearing along with W.P.No.4181/2011 on 19th October, 2011.
Till next date of hearing, it is directed that respondent no.2 shall
not take any coercive action for recovery of the
administrative/processing charges as are demanded from the
petitioner vide Annexures P/4 and P/5.
A detailed affidavit on behalf of respondents 2,3 and 4 be filed
by 17th October 2011.
The petitioner is directed to serve an extra copy of petition to
Shri Kaurav during the course of the day.
Certified copy as per Rules.
(Krishn Kumar Lahoti) (Smt. Vimla Jain)
Judge Judge
JLL