IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 8701 of 2004 Between: M/S Spectrum Power Generation Ltd., Having its registered office at surya towers, 4th Floor E" Block , 104, S.P.Road Secunderabad ..... PETITIONER AND 1 Andhra Pradesh Electricity Regulatory Commission, rep.by its Secretary, V Floor , Singareni Bhavan, Red Hills, Hyd 2 Transmission Corporation of Andhra Pradesh Limited (APTRANSCO) rep. by its Chairman & Managing Director Vidyut Soudha, Khairatabad, Hyd .....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 to issue a writ or order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 1st respondent in entertaining the applications made by the 2nd respondent purportedly under Sec.86(1) (f) of the electricity Act, 2003 in OP.(SR) Nos., 12,15,17 and 18 of 2004 by which the 1st respondent purports to prceed with hearings are illegal, without jurisdication and contrary to the terms of the statutory power purchase agreement and set aside/quash the said proceedings and further consequently direct the 2nd respondent to comply with the arbitration provision of the said PPA dt. 23/01/1997. Counsel for the Petitioner: MR.S.RAVI Counsel for the Respondents: MR.M.SRIRAMULU REDDY (SC FOR APTRANSCO) The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8701 of 2004 ORDER: Learned counsel for the petitioner, having regard to the decision of the Supreme Court in Gujarat Urja Vikas Nigam Ltd v Essar Power Ltd[1], seeks leave of this Court to withdraw the writ petition with liberty to approach the Andhra Pradesh Electricity Regulation Commission under Section 86(1) (f) of the Electricity Act, 2003. Granting leave and liberty to do so and without expressing any opinion on merits of the case, the writ petition is dismissed as withdrawn. No costs. ______________ (V.V.S.RAO, J) 10th November, 2008 GHN To 1 Andhra Pradesh Electricity Regulatory Commission, rep.by its Secretary, V Floor , Singareni Bhavan, Red Hills, Hyd 2 Transmission Corporation of Andhra Pradesh Limited (APTRANSCO) rep. by its Chairman & Managing Director Vidyut Soudha, Khairatabad, Hyd 3 2CD copies Form-NIC-OGS/WP{GR} [1] (2008) 4 SCC 755