Orange Uravakonda Wind Power Private Limited v. The Southern Power Distribution Company Of Ap Limited,

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.19688 OF 2017 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, for the following relief: "to issue a Writ, order or direction and more particularly one in the nature of "Mandamus"

(i) Declaring the action of Respondent No.1 in trying to renege on its obligations ordained by the Power Purchase Agreement dated 31.05.2016 by relying upon the Memo of Respondent No.2 dated 20.03.2017 and all its consequential actions including refusal to accept the monthly invoices raised by the Petitioners as illegal, arbitrary, unconstitutional and set aside and/or quash the same;

(ii) Declaring the Memo dated 20.03.2017 issued by Respondent No.2 returning the Petitioners' Power Purchase Agreement as unlawful and unconstitutional and set aside and/or quash the same; and (iii) Directing the Respondent No.1 to conduct all its actions in accordance with the Power Purchase Agreement dated 31.05.2016.

(iv) Directing the Respondent No. 3 to ensure implementation of the Wind Power Policy, 2015 in letters and spirit by Respondent No. 1 and to ensure compliance by Respondent No. 1 with Petitioner's PPA which has been set up under said policy.

Passing any such orders as the Honble Court deems fit in the interest of equity and justice."

2.

Heard learned counsel for the petitioner and perused the prayer in the writ petition with supporting affidavit and the other material on record and also the learned Government Pleader for Energy for 3rd respondent and the learned standing counsel for the respondents 1 & 2 respectively Sri N.Siva Reddy and Sri P.Srinivasa Rao.

3.

As per the oral instructions received from the learned standing counsels, instead of keeping the writ petition pending, this writ petition is disposed of with the following direction:

"As per the power purchase agreement between the petitioner entity and the SPDCL - 1st respondent, dated 31.05.2016, particularly from Article 10, clauses 10.1 to 10.4, any dispute can be resolved in an equitable manner and there are four stages for the resolution of the dispute also and the ultimate authority as per clause 10.4 is the Electricity Regulatory Commission to adjudicate such dispute in terms of Section 86(1)(f) of Electricity Act, 2003.

Having regard to the above, the dispute since squarely falls within the scope of the understanding covered by the dispute resolution mechanism under Clause 10.4, the petitioner shall file application for adjudication of the dispute before the Electricity Regulatory Commission and

within six weeks from the date of receipt of the application, the Electricity Regulatory Commission shall dispose of the same on merits after hearing the respondents and other stakeholders, if any. The petitioners can approach the Electricity Regulatory Commission for an interim protection, if any."

4.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. No order as to costs.

_____________________________ DR.B.SIVA SANKARA RAO,J 16.06.2017 SS