The firm has been acquired by Bharti Airtel.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that the NGO, Telecom Watchdog, had lodged complaints with the Centre against the Mumbai-based firm, Tikona Digital Networks Pvt Ltd, only on November 27 and December 4, and the government was yet to take a view on it.
The NGO, in its plea filed through advocate Pranav Sachdeva, had contended that Tikona, which in 2010 won broadband wireless access (BWA)/4G spectrum for five circles, had not rolled out services in the Rajasthan area within the five years as mandated under the notice inviting application (NIA).
It claimed that by acquiring the company, Airtel got the airwaves for a lesser price as it would be worth much more than the bid of Rs 97.32 crore received for it in 2010.
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The NGO contended that instead of withdrawing the spectrum as mandated under the NIA, the Ministry of Communications only worked out a "meagre" penalty of Rs 2.43 crore payable by Tikona for delay in roll out of services in Rajasthan.
The petition alleged that the penalty was levied only to pass on a substantial benefit to a private party (Airtel) at the cost of the exchequer.
The high court, however, said, "The writ petition is misconceived at this stage as the ministry is yet to take a view on the show cause notice and the complaints (of the NGO). The petition is dismissed. It is clarified that the court has not taken any view on the merits of the case.