IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 11566 of 2004 Between: Rithwik Energy Systems Ltd, Lanco House,141 Avenue 8, Road No.2, Banjara Hills, Hyderabad rep.by its Director, Sri R.S.Sreenivas, S/o R.Somasundara Rao, aged about 44 years,R/o Lakshmi Sri Villa, Road No.2 & 8, Jubilee Hills, Hyderabad ..... PETITIONER AND 1.Transmission Corporation of Andhra Pradesh Ltd. Vidyut Soudha, Hyderabad, rep.by its Chairman & M.D. 2.Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad rep.by its Chairman .....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 an appropriate Writ, Order or Direction, more particularly one in the nature of a Mandamus or declaration: (a) declaring the action of the second respondent in initiating proceedings and issuing the order/directions in Letter No.APERC/Secy/Dir(Engg)/DD(Tr)/F-PPA/D.No.1892/2003 dated 18-08-2003 and the further order/direction in the second respondents Letter No.APERC/secy/Dir(Engg)/DD(Tr)/F-PPA/ D. No.2739/2003 dated 15-11-2003 as illegal and contrary to law and to set aside the same; and (b) declaring that the first respondent is liable to purchase and pay for all the energy delivered from the power project of the Petitioner to the first respondent as per the existing Power Purchase Agreement between the first respondent and the Petitioner without any limitation; and (c) declaring the action of the first respondent as communicated by the first respondent's letter FA& CCs/A&D/SAO/PP&S/D.No.649/04 dated 26-06-2004 in deducting the amount for the alleged quantum of excess energy delivered above 100% PLF during each 30 minutes time block for the months from December 2003 to May 2004 and subsequently as arbitrary, unreasonable and contrary to law; Counsel for the Petitioner: MR.KATRAGADDA GOPAL CHOUDARY Counsel for the Respondents: SMT.M.VINOBHA DEVI The Court made the following : ORDER:- Learned counsel for the writ petitioner seeks permission to withdraw this writ petition. Permission is accorded. Accordingly, this writ petition is dismissed as withdrawn. 16—08—2004. Stv/- ASSISTANTREGISTRAR // TRUE COPY // SECTION OFFICER To 1.Transmission Corporation of Andhra Pradesh Ltd. Vidyut Soudha, Hyderabad, rep.by its Chairman & M.D. 2.Andhra Pradesh Electricity Regulatory Commission, Singareni Bhavan, Red Hills, Hyderabad rep.by its Chairman 3.2CD copies Form-NIC-OGS/WP{VSR}