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2008 Supreme(AP) 331

C.V.NAGARJUNA REDDY
Andhra Pradesh State Road Transport Corporation, Hyderabad rep. by its Executive Director – Appellant
Versus
Central Power Distribution Company of Andhra Pradesh Ltd. , reptd. , by its Managing Director, Hyderabad – Respondent


Advocates Appeared:
M/s. P. Vinayak Swamy, M.P.Chandramouli, C.Kodandaram, K.Gopal Choudary and B.Adinarayana Rao, Counsel for the Petitioner.
Mr. O.Manoher Reddy, S.C. for APCPDCL for the Respondents.

JUDGMENT

In all these Writ Petitions, the common question viz., whether Clause 12 of Regulation 2 of 2006 and Appendix-3 to the said Regulations are applicable to the petitioners, arises for consideration. Hence, all these Writ Petitions are heard together and being disposed of by this common judgment.

2. All the petitioners established non-conventional power generating plants and they hold separate Agreements for Wheeling/Wheeling-cum-Power Purchase, as the case may be. Such agreements were initially entered into with the A.P. State Electricity Board (for short "the APSEB") and with the creation of A.P. Transmission Corporation (for short "the APTRANSCO") under the provisions of the Andhra Pradesh Electricity Reform Act, 1998 (for short "the 1998 Act"), which came into force with effect from 29-7 -1998, these Agreements were got transferred in the name of APTRANSCO, being the successor of the APSEB. Subsequently, with the creation of four distribution companies in the State, these Companies replaced APTRANSCO in respect of the Agreements concerning their respective jurisdictions.

3. The present cases are concerned with "Banking" of the energy. The Clauses in the Agreements relating t











































































































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