B. SUBHASHAN REDDY, J.

( 1 ) THESE two writ petitions may be disposed of by a common order.

( 2 ) BOTH the petitioners herein challenge the proceedings No. APERC/secy/engg/no. 5, dated 6-3-2000 on the file of the third respondent herein. The petitioners seek a Writ of Certiorari from this Court calling for the records relating to the said proceedings dated 6-3-2000 on the file of the third respondent and quash the same.

( 3 ) BEFORE adverting to the question relating to the validity, legality and propriety of the impugned order, it may be necessary to briefly notice the relevant facts leading to filing of these writ petitions.

( 4 ) THE State Government of Andhra Pradesh in line with the Government of India Policy for development of Non-conventional energy based projects have issued orders reflecting its policy decision to provide uniform incentives to entrepreneurs who are setting up Projects based on Non-conventional Energy sources vide G. O. Ms. No. 93, Energy (Res) Department, dated 18-11-1997. The policy of the State Government as is evident from the said Government order is to make available the incentives to all the Non-conventional energy sources uniformly. The policy itself appears to have been formulated by the State Government after a review of the incentives made available to the various sectors of non-conventional energy. The incentives are envisaged to encourage power generation in the Non-conventional sector, which are renewable. The earlier decision of the Government according certain revised incentives in respect of the developers with whom non-conventional Energy Development Corporation of Andhra Pradesh had already entered into Memoranda of Understanding is reflected in G. O. Ms. No. 66/221/94-WE/pg, dated 25-11-1994, dated 16-3-1996. The Government of Andhra Pradesh through its revised policy decision vide G. O. Ms. No. 93, dated 18-11-1997 allowed third party sales at a tariff not lower than H. T. tariff of A. P. State Electricity Board. We are not concerned with the other incentives for the present in these writ petitions.

( 5 ) THE State Government of Andhra Pradesh delegated its powers in the matter by creating a Nodal Agency i. e. the second respondent-Corporation - State Government Corporation to entertain applications from the private sector. Both the petitioners herein attracted by the incentives of the third party sales claim to have decided to set up Biomass based power-generating plants. The petitioner in W. P. No. 5658 of 2000 made an application in this regard and the same is approved by the Board initially for 5 MW, but subsequently the capacity is revised to that of 6 MW by the proceedings dated 14-12-1998. The plant is established at Miryalaguda in Nalgonda District. The petitioner in W. P. No. 6230 of 2000 has set up a biomass based power generating plant with 4 MW at Vemulapalli village of East Godavari District. Necessary permissions and approvals have been granted by the competent authorities in this regard. For the present, we are not concerned with the investments and other particulars alleged to have been made by the petitioners for setting up the plants. However, both the petitioners claim that the units are completely established and the entire constructions are over and they are ready for commissioning. Both the petitioners claim that they have entered the agreements with third party consumers for supply of energy and obtained advances from them. It is also an admitted fact that both the petitioners have entered into Memoranda of Understanding with the second respondent-corporation. Even according to the said Memoranda of Understanding, the petitioners are entitled to sell the energy to third parties. The petitioners have entered wheeling agreements with A. P. TRANSCO for supply of energy to the third parties. It may be appropriate at this juncture to notice that the Government of Andhra Pradesh vide G. O. Ms. No. 112, dated 22-12-1998 made certain amendments to its earlier policy d

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