IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8092 of 2005 Between: M/s.Sudalagunta Sugars Ltd., 209, T.P.Area, Tirupathi-517 501, Chittoor District Andhra Pradesh, rep., by its Chairman and Managing Director, Mr.S.Jayaram Chowdary, s/o Penchala Naidu, aged 55 years, r/o 209, T.P.Area, Tirupathi, Chittoor District. ..... PETITIONER AND 1 Transmission Corporation of Andhra Pradesh, rep., by its Chairman and Managing Director, Vidyutsoudha, Somajiguda, Hyderabad. 2 The Chief Engineer/IPC, A.P.Transco, Vidyut Soudha, Somajiguda, Hyderabad. 3 Eastern Power Distribution of Andhra Pradesh, rep., by its Chairman and Managing Director, Sai Shakti, Opp:Saraswathi Park, Daba Gardens, Visakhapatnam. 4 Central Power Distribution Company of Andhra Pradesh Ltd., rep., by its Chairman and Managing Director, 3rd Floor, Opp:Singareni Bhavan, Red Hills, Hyderabad. 5 Southern power Distribution Company of Andhra Pradesh Ltd., rep., by its Chairman and Managing Director D.No.1993-13, Upstairs, Hero Honda Show Room, Renigunta Road, Tirupathi-516 501 .....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 in the nature of a writ in the nature of a writ of mandamus or any other appropriate writ, direction order or orders declaring the action of the respondents in not approving the list of consumers filed along with letter dated 17-1-2005 for inclusion in the list of schedule consumers of the petitioner as arbitrary, illegal, without jurisdiction and void and consequently direct the respondents to approve the list of consumers filed along with letter dated 17-1-2005 for inclusion in the scheduled consumers of the petitioner and pass such other and further orders as this Hon'ble Court deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.P.CHANDRAMOULI Counsel for the Respondent No.: O.MANOHAR REDDY (SC FOR APTRANSCO) The Court made the following: Form-NIC-OGS/WP{RS} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.8092 of 2005 ORDER: Heard both the counsel. The learned counsel for the petitioner submits that pursuant to the Power Purchase and Wheeling Agreement dated 29.01.2000 between the petitioner Sugar Factory and the 1st respondent Corporation, the petitioner sugar factory which has the co-generation power plant is entitled to sell the excess power generated by the power unit to the third party consumers as per the agreement and also the petitioner is entitled to change the list of the consumers twice in a financial year, as per the clause 1.16 of the said Agreement. The present writ petition has been filed questioning the action of the respondents in not approving the list of consumers filed along with letter dated 17.01.2005 for inclusion in the list of schedule consumers of the petitioner. The subject matter of the writ petition has become infructuous, since it is not a comprehensive writ petition seeking a declaration that the 1st respondent has no power or authority to refuse the list of the schedule consumers. As the prayer is limited declaring the action of the respondents in not approving the list of the consumers as per the letter dated 17.01.2005, and as the interim direction granted earlier has been worked out, nothing survives in this writ petition. Accordingly, the Writ Petition is dismissed as infructuous. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 03.04.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Transmission Corporation of Andhra Pradesh, rep., by its Chairman and Managing Director, Vidyutsoudha, Somajiguda, Hyderabad. 2 The Chief Engineer/IPC, A.P.Transco, Vidyut Soudha, Somajiguda, Hyderabad. 3 Eastern Power Distribution of Andhra Pradesh, rep., by its Chairman and Managing Director, Sai Shakti, Opp:Saraswathi Park, Daba Gardens, Visakhapatnam. 4 Central Power Distribution Company of Andhra Pradesh Ltd., rep., by its Chairman and Managing Director, 3rd Floor, Opp:Singareni Bhavan, Red Hills, Hyderabad. 5 Southern power Distribution Company of Andhra Pradesh Ltd., rep., by its Chairman and Managing Director D.No.1993-13, Upstairs, Hero Honda Show Room, Renigunta Road, Tirupathi-516 501 6 2. 2CCs to 7. 2CD copies