IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 7484 of 2004 Between: M/s GVK Industries Limited, a company incorporated under the Companies Act, 1956, having its registered Office at: "Paigah House" 156-159, Sardar Patel Road, Secunderabad, rep.by its Director Sri Som Bhupal, S/o Late Krishna Ram Bhupal, aged 47 years, R/o Hyderabad. ..... PETITIONER AND 1 Andhra Pradesh Electricity Regulatory Commission through its Secretary and having its office at V Floor, Singareni Bhavan, Red Hills, Hyderabad. 2 Transmssion Corporation of Andhra Pradesh Limited (AP TRAVSCO) rep.through its Chairman and managing Director Vidyut Soudha, Khairtabad, Hyderabad. .....RESPONDENT(S) 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, Order or direction in the nature of Writ of Prohibition or any other appropriate Writ, Order or direction under Article 226 of the Constitution of India, prohibiting the Respondent No.1 from proceeding to adjudicate the disputes between the Petitioner and Respondent No.2 pursuant to the impugned Proceedings by declaring the impugned action proposed by the impugned Notices, being the First Impugned Notice No.O.P.(S.R) No.13 of 2004; Second Impugned Notice in O.P.(S.R) No.14 of 2004 and the Third Impugned Notice in O.P.(S.R) No.16 of 2004, by which the Respondent No.1 purports to proceed with hearing are illegal, null and void and further consequently direct the Respondent No.2 to comply with the arbitration provisions of the said PPA dated 19-04-96 entered into between the petitioner and Respondent No.2 (b) This Hon'ble Court may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction under Article 226 of the Constitution of India calling for the records of the case relating to the impugned Proceedings, being O.O. (S.R) No.13 of 2004; O.P.(S.R) No.14 of 2004 and O.P.(S.R) No.16 of 2004, and after considering the legality, validity or otherwise thereof, this Hon'ble Court be pleased to quash and set aside the said impugned proceedings; Counsel for the Petitioner:MRS.C.V.VINITHA REDDY Counsel for the Respondent No.: MR.P.RAGHURAM The Court made the following : Oral order: (Per Anil R. Dave, CJ) Learned senior Advocate Sri S.R.Ashok seeks permission to withdraw the writ petition so as to enable the petitioner to pursue another remedy available to him at law. Permission granted. The writ petition stands disposed of as withdrawn with no order as to costs. _____________________ ANIL R. DAVE, CJ _________________________ R. SUBHASH REDDY, J 21st April, 2008 GRR To 1.2CCs to 2.2CD copies