IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.8215 of 2003 Between : Jyoti Bio-Energy Ltd,5thfloor,liberty palza,Hyd. rep by its Executive Director N.Padma Rao,S/o N.Koteswar Rao, Banjarahills, Hyd. ..... PETITIONER AND Trans,ission Corp of AP Ltd., Rep by its Chairman & MD, Vidyut Soudha, Hyd. .....RESPONDENT 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 mandamus or declaration to declare the petitioner is entitled to change of schedule consumers under the terms of the power wheeling agreements & the respondent is bund to accept the change of list of scheduled consumers & to consequently declare the action of the respondent in not considering the change of scheduled consumers as communicated by the respondent by the letter dt CE/IPC/142/F.JYOTHI/D.NO.02/2003 DT 4-4-03 as arbitrary unreasonable & illegal. Counsel for the Petitioner : MR.KATRAGADDA GOPAL CHOUDARY Counsel for the Respondent : O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : ORDER : This writ petition is filed by the petitioner-Generating Company, questioning the validity of the order, dated 23rd August 2001, issued in letter No.CE/IPC/142/F.Jyoti/D.No.269/2001, by the Chief Engineer/IPC, Transmission Corporation of Andhra Pradesh. 2. By the aforesaid order, the request of the petitioner for change of scheduled customers in the Power Purchase and Wheeling Agreement, dated 31st of May 1999, between the petitioner and the Transmission Corporation, is rejected in view of pendency of C.M.A.No.1800 of 2001, filed by the petitioner against the orders of the Regulatory Commission, prohibiting third- party sales. 3. At the stage of admission, this Court, by an order, dated 1st of May 2003, following the orders passed by a Division Bench in W.P.No.12607 of 2002, granted interim directions to the respondents to permit the petitioner for change of scheduled customers. It is stated that pursuant to the interim orders, the petitioner-Company was allowed to change the scheduled consumers. 4. Further, it is brought to the notice of this Court that during the pendency of the writ petition, C.M.A.No.1800 of 2001 was also disposed of, by a Division Bench of this Court, by recording a finding that the orders of Regulatory Commission had become redundant in view of the enforcement of the Indian Electricity Act, 2003. It is submitted that in view of the final orders passed in C.M.A.No.1800 of 2001, by which, this Court has declared that the orders of the Regulatory Commission had become redundant, and further, in view of the change of scheduled consumers as per the orders of this Court, it is submitted that no further adjudication is necessary on merits. 5. Recording the submissions made by the learned counsel for the parties, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 30th June 2009 ajr