India’s second largest telecom service provider Vodafone has filed a petition in the Delhi High Court challenging a move by the department of telecommunications (DoT) to put its 900 MHz spectrum to auction despite its application of licence extension is pending with the government.

“Vodafone has filed a petition in the Delhi High Court challenging DoT’s action of putting its 900MHz spectrum to auction even when Vodafone’s applications for licence extension are pending with DoT,” said Vodafone in a statement.

The company has sought extension of its licences under clause 4.1 of the licence agreement under which the government can extend the period of licence by 10 years at one time, if the request is made by the operator during the 19th year of the licence period.

A DoT official, however, said that it is not binding on the government to extend it and give spectrum for free. The spectrum has to be allotted on market price.