IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 24033 of 2005 Between: 1 M/s. Enercon (India) Ltd., 6-3-1099/1100, # 205, Babukhan Milennium Centre, Rajbhavan Raod, Somajiguda, Hyderabad-82 Rep.by its General Manager, Mr.U.B.Reddy, S/o. Linga Reddy 2 M/s. Enercon WindFarms (Andhra Pradesh) Pvt Ltd., No.31, shah Industrial Estate Veera Desai Road Andheri (West Mumbai-400053, Rep.by its Authorised Signatory,Mr.U.B. Redd S/o. Late Linga Reddy 3 M/s. JindalAluminium Limited Jindal Nagar, Tumkur Road, Bangalore-560073, Rep.by its President Mr.B.D. Marg, S/o. Late Basesharlal Garg, 4 M/s. J.N.Investments and Trading Company, Kaysons No.1, Mehra Estate, L.B.S. Marg, Vikhroli (West), Mumbai-79, Rep.by its Authorised Signatory, Mr.P.Vilas Kumar S/o. P.Shankarappa 5 M/s.CEPCO Industries Pvt Limited No.8, Balaji Estate, Guru Ravidas Marg, Kalkaji, New Delhi -11019, Rep.by its Director Mr.Ramanath Agarwal, S/o. Late Janaki Das 6 M/s. Ghodawat Industries (india)Pvt. Ltd., P.B.No. 118, Plot No.438, A.P. Chipri Post office,Via Jaisinghpur Dist,Kolhapur-416101, Rep.by its Managing Direct Mr.Sanjay D.Ghodawat, S/o. Danchand Khivraj Ghodawat 7 Sanjay D. Godawat S/o. Danchand Khivraj Ghodawat 2549, Yaswant Cooperative Housing Soceity, Jaisinghpur Dist., Kplhapur-416101 ..... PETITIONERS AND 1 State of A.P. Department of Energy, Secretariat Hyderabad, rep.by its Principal Secretary 2 Union of India, Ministry of Non-Conventional Energy Sources MNES, Block No.14,CGO Complex, Lodhi Road, New Delhi, Rep.by its Principal Secretary 3 Non-Conventional Energy Development Corporation of Andhra Pradesh Limited 5-8-207/2, Paigah Complex, Nampally, Hyderabad- 500001 Rep.byits Managing Director 4 Central Power Distribution Company of A.P. Ltd, 11-5-423/1/A, Singareni Bhavan, Hyderabad-506001 Rep.by its Managing Director 5 Andhra Pradesh Electricty Regulatory Commission Singareni Bhavan, Red Hills, Hyderabad Rep.by its Secretary .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ of Mandamus or any othe Writ of like nature declaring inaction of the Fourth Respondent in entering in to a power Purchase Agreement with the second to Seventh petitioner as arbitrary, illegal, and unconstitutional andas contrary to the policies, regulations framed by First and Second Respondent and Orders of the Fifth Respondent in RP 84/2003 in OP.No.1075/2000 dated 20.3.2004 and OP 9/2005 dated 27.9.2005 and consequently direct the Fourth respondents to execute Power Purchase Agreements with Petitioners Two to Seventh in terms of above said Orders of the Fifth Respondent and pass such otehr order/s as this Hon`ble Court may deem fit and proper. Counsel for the Petitioners: M/SC.KODANDA RAM Counsel for the Respondents: GP FOR COOPERATION The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24033 of 2005 ORDER: Learned counsel for the petitioners seeks leave of this Court to withdraw the writ petition with liberty to ﬁle fresh writ petition, if so advised. Granting leave and liberty to do so, the writ petition is dismissed as withdrawn. No costs. _____________ (V.V.S.RAO, J) 22nd October, 2008 GHN To 1 State of A.P. Department of Energy, Secretariat Hyderabad, rep.by its Principal Secretary 2 Union of India, Ministry of Non-Conventional Energy Sources MNES, Block No.14,CGO Complex, Lodhi Road, New Delhi, Rep.by its Principal Secretary 3 Non-Conventional Energy Development Corporation of Andhra Pradesh Limited 5-8-207/2, Paigah Complex, Nampally, Hyderabad- 500001 Rep.byits Managing Director 4 Central Power Distribution Company of A.P. Ltd, 11-5-423/1/A, Singareni Bhavan, Hyderabad-506001 Rep.by its Managing Director 5 Andhra Pradesh Electricty Regulatory Commission Singareni Bhavan, Red Hills, Hyderabad Rep.by its Secretary 6 2CCs to GP for Cooperation 7 2CD copies Form-NIC-OGS/WP{TRK}