THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.5544 of 2004 (Dated :25-06-2012) Between: Srivathsa Power Projects Ltd. …petitioner A n d A.P. Transmission Corporation rep. by its Chairman and Managing Director & Another …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.5544 of 2004 ORDER: This writ petition has been taken out by Srivathsa Power Projects Limited seeking a mandamus declaring the order dated 4.8.2003 and the order in Review Petition (SR) No.82 of 2003, dated 30-01-2004 to the extent of denying proper tariff, as arbitrary and illegal. 2. When the writ petition came up for hearing, Sri N.V.Sumanth, learned counsel appearing for the petitioner submits that the Central Government established Appellate Tribunal for Electricity to hear appeal against the orders of the APERC and therefore, the petitioner seeks liberty to pursue the matter before the Appellate Authority. It is also contended by him that in similar circumstances, liberty has been given to the aggrieved parties to file an appeal before the Appellate Tribunal. 3. I have gone through the counter filed by the respondents. Para (8) of the counter needs to be noted and it is thus:- “ It is submitted that in pursuance of the notification dated: 07.02.2004 in SO.No.478(E) that the Central Government established Appellate Tribunal for Electricity to hear appeal against the orders of the APERC and the same was published in Gazette of India and the Tribunal come into operation on 21st July, 2005, therefore, the petitioner is having remedy against the orders passed in APERC dated : 04.8.2003. Similar circumstances, this Hon’ble Court was pleased to dispose of several writ petitions viz., W.P.No.12921 of 2004 and batch on 14.06.2005 with a direction to the petitioner to approach the Appellate Tribunal for Electricity, New Delhi within a period of 2 weeks and move appropriate application for interim orders, if so advised and the interim orders dated 20.8.2004 shall remain in force for a period of 8 weeks or till the Tribunal passes orders on the interim application whichever is earlier.” 4. In view of the availability of alternative remedy to the petitioner, the Writ Petition is disposed of reserving liberty to the petitioner to prefer appeal before the Appellate Tribunal for Electricity, New Delhi within four weeks from today. The interim orders granted on 29-4-2004 shall remain in force for a period of eight weeks or till the Tribunal passes orders on the interim application, whichever is earlier. No costs. _____________________ B.SESHASAYANA REDDY, J Dt.25-06-2012 RAR