THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA CIVIL MISCELLANEOUS APPEAL NO.1322 OF 2001 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) This appeal is against an order of Andhra Pradesh Electricity Regulatory Commission, Hyderabad, dated 04.05.2001 in O.P.No.70- A of 2001 under Section 39 of the Andhra Pradesh Electricity Reforms Act, 1998. When the matter is called, learned counsel for appellant, Andhra Pradesh Electricity Regulatory Commission and Andhra Pradesh Transco submit that in view of change in law by enactment of Electricity Act, 2003 (Central Act), the issues raised herein are governed by State Act. They also brought to the notice of this Court the order of Division Bench of this Court in W.P.No.525 of 2001 and C.M.A.Nos.2790 of 2000 and batch, dated 02.07.2007 whereby and whereunder similar appeals were disposed of by this Court. The Division Bench disposed of the matter in the following manner. The impugned orders were passed by the Andhra Pradesh Electricity Regulatory Commission in the background of the statutory environment as existing then in the light of the Andhra Pradesh Electricity Reform Act, 1998 read with such of the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 that governed the situation then. However, the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 stood repealed by sub- section (1) of Section 185 of the Electricity Act, 2003 save as otherwise provided by the later Act and the Andhra Pradesh Electricity Reform Act, 1998 itself shall apply only to the extent of its provisions not inconsistent with the provisions of the electricity Act, 2003 in view of Section 185(3) thereof. It is rather admitted that the impugned orders with reference to the statutory provisions then in force restricting the sale of energy produced by the non-conventional energy developers only to the APTRANSCO are plainly inconsistent with the relevant provisions of the Electricity Act, 2003. Irrespective of the legality or justification of the orders at the time when they were passed, they cannot govern the field after the Electricity Act, 2003. As such, the merits of the rival contentions of the parties in these matters need no further probe in depth, as the impugned orders of the Andhra Pradesh Electricity Regulatory Commission have become redundant. In the result, all the civil miscellaneous appeals, the writ petition and the contempt case are disposed of without costs as unnecessary and infructuous without prejudice to the continuance of the status quo obtaining as on today concerning the sale of power or its price as enabled by the interim suspension of the impugned orders of the Andhra Pradesh Electricity Regulatory Commission during the pendency of these proceedings and also by the provisions of the Electricity Act, 2003 and further without prejudice to any agreements entered into by any of the generators of the non- conventional energy with APTRANSCO in the meanwhile. In view of the same, these appeals stand disposed of in terms of above order. No costs. _______________ (V.V.S.RAO, J) ____________________ (B.N.RAO NALLA, J) 26.10.2009 pln