THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA CIVIL MISCELLANEOUS APPEAL No.2409 of 2002 24.11.2009 Between: M/s.Sree Rayalaseema Hi-Strength Hipo Limited (formerly known as Sree Rayalaseema Power Corporation Limited) Registered Office at Gondiporla, Kurnool – 518 004, Kurnool District. … Petitioner AND Transmission Corporation of A.P. Limited (A.P.Transco) Represented by its Chief Managing Director, Vidyut Soudha, Khairatabad, Hyderabad and another …Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA CIVIL MISCELLANEOUS APPEAL No.2409 of 2002 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) This appeal is filed under Section 39 of Andhra Pradesh Electricity (Regulations) Act, 1998, by M/s. Sree Rayalaseema Hi- Strength Hipo Limited (formerly known as Sree Rayalaseema Power Corporation Limited) assailing the order dated 24.3.2002 passed by Andhra Pradesh Electricity Regulatory Commission (the Commission, for brevity) whereby and whereby and whereunder the Commission enhanced wheeling charges to Re.1/kWh with effect from 01.4.2002 for the financial year 2002-2003 from Re.0.50/kWh charged for the financial year 2001-2002. This Court while admitting the appeal directed the matter to be listed along with CMA No.1049 of 2002 and batch. Whatever be the reason, the appeal was not listed with the said batch, which was heard and disposed of by Division Bench on 18.4.2003. A copy of the common order of Division Bench in W.P.Nos.4770 and 4771 of 2002 and CMA Nos.1931 of 2003 and batch including CMA No.1049 of 2002 is placed before this Court. The operative portion of the said order reads as below. “In the result, the Appeals as well as the Writ Petitions are allowed and the order of the Commission in O.P.No.510 of 2001 and batch, dated 24th March, 2002 is set aside as illegal, arbitrary, unreasonable and capricious, viewed from any angle in the matter. Consequently, the 2nd respondent licensee is directed to return the bank guarantees furnished by the Generating Companies from time to time under the orders of the Supreme Court in SLP(C) No.9535 of 2002, dated 9th May, 2002.” After hearing learned Counsel for both the parties and following the judgment of Division Bench referred to hereinabove, this civil miscellaneous appeal is also allowed, in the above terms. There shall be no order as to costs. _______________ (V.V.S.RAO,J) ______________________ (B.N.RAO NALLA,J) November 24, 2009 YS