Eastern Power Distribution Company Of Andhra Pradesh Limited vs. Tata Power Renewable Energy Limited
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Prashant Kumar Mishra , Ninala Jayasurya
Listed On:
15 Dec 2021
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA I.A.No.4 of 2021 in/and W.A.No.394 of 2021
(Through physical mode)
Eastern Power Distribution Company of Andhra Pradesh Limited, (Through its Chairman and Managing Director) P & T Colony, Seethammadhara, Visakhapatnam, Andhra Pradesh-530013 & another. …Appellants
Versus
M/s.Tata Power Renewable Energy Limited, (Through its Authorized Representative) Corporate Centre, B Block, 34, Sant Tukaram Road, Carnac Bunder, Mumbai, Maharashtra-400009 & others. … Respondents
| Counsel for the appellants | : | Mr.S.Sriram, Advocate General<br>for Mr.Y.Nagi Reddy |
|---|---|---|
| Counsel for the respondent No.1 | : | Mr.Kilaru Nithin Krishna |
| Counsel for the respondent Nos.2&3 | : | Mr.N.Harinath,<br>Assistant Solicitor General |
| Counsel for the respondent No.4 | : | G.P. for Energy |
| Counsel for the respondent No.7 | : | Mr.V.R.N.Prashanth,<br>Standing Counsel |
ORAL ORDER
Dt: 15.12.2021
(per Prashant Kumar Mishra, CJ)
The above I.A. has been preferred by the appellants seeking to withdraw the writ appeal due to subsequent events, which have been mentioned in Paragraph Nos.2 and 3 of the affidavit. The said paragraphs of the affidavit are reproduced hereunder:
"2. I submit that the present Writ Appeal is filed aggrieved by the orders passed in W.P.No.674/2021 on 17.6.2021 setting aside the Request For Proposal and the consequential Power Purchase Agreement. After filing the present Writ Appeal, Solar Energy Corporation of India offered to supply Solar Power @ Rs.2.49 per unit and the Government of Andhra Pradesh has decided to accept the offer of Solar Energy Corporation of India for supply of Solar Power at Rs.2.49 ps. per unit for supply uninterrupted 9 hours day time free power to the farming community on sustainable basis in the State.
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I submit that pursuant to the decision of the State of Andhra Pradesh, a letter bearing No.ENE01- APRE/MISC/7/2021, dated 2.12.2021 was issued to the Chairman & Managing Director, Andhra Pradesh Green Energy Corporation Limited, Tadepalli, Guntur District requesting the recipient of the said letter to close the pending legal process first and to satisfy himself that there are no liabilities pending from APGECL tender or arrange any infrastructure/other expenditures have been incurred to implement the said tender. Any other activities with respect to the said tender were asked to be put on hold."
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In view of the above, permission is accorded, and accordingly, I.A. is allowed and the writ appeal is dismissed as withdrawn. No costs. Pending miscellaneous applications, if any, shall stand closed.
PRASHANT KUMAR MISHRA, CJ NINALA JAYASURYA, J
HS
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
& HON'BLE MR. JUSTICE NINALA JAYASURYA
I.A.No.4 of 2021 in/and W.A.No.394 of 2021
(per Prashant Kumar Mishra, CJ)
Dt: 15.12.2021
HS