RENEW POWER LIMITED Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
Renew Power Limited
STATE OF ANDHRA PRADESH
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D.V.S.S.Somayajulu, J. -
(1.)The batch of writ petitions have been filed by petitioners who are the solar and wind power generators in the State of Andhra Pradesh essentially claiming the following relief:
To issue an appropriate writ, certiorari calling for the records regarding G.O.RT.No.63, Energy (Power-II) dated 01.07.2019 and all consequential proceedings and letter including the letter dated 12.07.2019 (impugned letter) and declare the said GO, letters and all consequential actions taken in furtherance thereto, as illegal, void and colourable exercise of power contrary to the provisions of the Electricity Act, 2003 and the petitioners rights guaranteed under the Constitution of India and more particularly Articles 14 and 19(1) (g).
(2.)The petitioners are all generators of electricity. They have established/set up Plants to generate Wind Power, Solar Power etc., and entered into agreements called Power Project Agreements (PPAs) with the DISCOMS, also known as the Power Distribution Companies, which distribute the power that is generated. In view of the fact that a number of writ petitions have been filed and were argued as a batch, the array of the parties is not being separately listed. Facts in each case are not being reproduced as they are largely similar. For the sake of convenience, the petitioners are called generators; the Power Distribution Companies are referred to as DISCOMS , Government of Andhra Pradesh is referred to as (GoAP), the Government of India is referred to as (GOI), Ministry of Nuclear Energy is referred to as (NRE) and the A.P.Regulatory Commission is referred to as (APERC). The APERC is constituted under the Electricity Act, 2003, Act 36 of 2003 (for short the 2003 Act ), which is a Central Enactment.
Facts not in dispute:
(3.)W.P.No.9871 of 2019 is taken up as the lead case in this batch.
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