IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 2855 of 2006 Between: M/s. Spectrum Power Generation Ltd., having its - Registered Office at 6- 3-871, Snehalatha, 2nd floor, Greenlands road, Begumpet, Hyd-16, rep. by its Chief Operating Officer Sri B. Ramachandra Rao. ..... PETITIONER AND 1 Transmission Corporation of A.P. Ltd., ( AP TRANSCO), rep. through its Chairman and Managing Director, Vidyut Soudha, Khairatabad, Hyd- 500 004. 2 Central Power Duistribution Company of A.P., Ltd., rep. by its Managing Director, 11-5-423/1/A, 1st Floor, Singareni Collieries Bhavan, Lakdi- ka- pool, Hyd. 3 Southern Power Distribution Company of A.P., Ltd, rep. by its Managing Director, Upstairs, Hero Honda Showroom, Renigunta Road, Tirupathi 517 501. 4 Northern Power Distribution Company of A.P., Ltd., rep. by its Managing Director, 1-7-668, Postal Colony, Hanamonda, Warangal 506 001. 5 Eastern Power Distribution Company of A.P., Ltd., rep. by its Managing Director, Sai Shakti, Opp: Saraswati park, Daba Gardens, Visakhapatnam-20. 6 AP Power Co-Ordination Committee rep. by its Dy- Chief Controller of Accounts ( PP&S), Vidyut Soudha, Khairatabad, Hyderabad-500 004. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Mandamus declaring the ; i) Letter No. CGM)COML & RAC)/SE/IPC/D.No.Camp/vs/06 dt. 11-1-2006 of respondent No.2; ii) Letter No. APSPDCL/TPT/IPC/D.No.Camp/vs/06 dt. 11-1-2006 of respondent No.3; iii) Letter No. CGM(RAC)/N. pdcl/F.No.PPA/SPGL/D No. 2/06 dt. 11.1.2006 of Respondent No.4 and Lr.no.CGM; and iv) Letter No. CGM/COMML & RAC/EPDCL/VSP/DE/PP/F.DKT/D.No. 80/06 dt. 11.1.2006 as illegal and void and consequently direct respondents 2 to 5 to refund the amount of Rs.5,4118 crores with interest from the date of deduction till the date of payment to the Petitioner. Counsel for the Petitioner:MR.S.RAVI Counsel for the Respondents: MR.M.SREERAMULU REDDY The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.2855 of 2006 ORDER: Learned counsel for the petitioner seeks permission to withdraw the writ petition. Permission is accorded. The writ petition is, accordingly, dismissed as withdrawn leaving liberty to the petitioner to workout the remedies available to it as per law. No order as to costs _____________ C.V.RAMULU,J 02.12.2008 v v