IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 18165 of 2003 Between : M/s.Spectrum Power Generation Limited Company incorporated under the Companies Act, 1956 having its Corporate office at 6-28 & 6-29, Saroornagar, Hyderabad being rep., by its Vice Chairman & Managing Director Mr.M.Kishan Rao, s/o late Sri M.Anjaiah ..... PETITIONER AND 1 Union of India rep., by the Secretary to Govt., Ministry of Energy, New Delhi. 2 State of A.P., rep., by its Principal Secretary, Energy Department, Secretariat, Hyderabad. 3 Transmission Corporation of Andhra Pradesh Ltd., (A.P.Transco) rep., by its Chairman and Managing Director, Hyderabad. .....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 issue a writ of certiorari/mandamus or any other appropriate writ or order or direction directing the respondents 1 to 3 herein to implement and give effect to the statutory Notification of the First respondent No.S.O.251(E) dated 30th March, 1992 in so far as it provides for a return on equity of 16% consequently setting aside the letter bearing Lr.No.CE/Comml/DE-BPP/ADE- 2/F.ROE17.17/D.No.535/03 dated 20-8-2003 as bad, illegal, arbitrary in nature, unenforceable and not in accordance with the statutory Notification No.S.O.251(E) dated 30th March, 1992 as well as the provisions of the PPA. Counsel for the Petitioner : MR.S.RAVI Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORDER : When the matter is taken up for hearing, the learned counsel for petitioner seeks permission to withdraw the writ petition in view of the judgment of the Hon’ble Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. V. Essar Power Ltd.[1], with liberty to approach the Andhra Pradesh Electricity Regulatory Commission, constituted under the Electricity Act, 2003. 2. In view of the said submission, granting liberty to the petitioner to approach the A.P. Electricity Regulatory Commission, this writ petition is dismissed as withdrawn. However, the interim order passed by this Court on 28th of August 2003 shall be in force for a period of six weeks from today, so as to enable the petitioner to obtain appropriate orders from the competent Court. No order as to costs. _____________________ R.SUBHASH REDDY, J 9th June 2009 ajr [1] (2008) 4 SCC 755