ORDER:

1. The present Writ Petition, filed under Article 226 of the Constitution of India, calls in question the order dated 02.08.2021 passed by the Andhra Pradesh Electricity Regulatory Commission – respondent No.1 herein. Petitioner No.1 is a Distribution Company, completely owned and operated by the State of Andhra Pradesh and incorporated under the provisions of the Companies Act, 1956, and petitioner No.2 herein is a Transmission Company, which is also a Company incorporated under the provisions of the Companies Act, 1956 and is also fully owned by the State of Andhra Pradesh. Respondent No.2 herein is also a company registered under the Companies Act, 1956, under the control of the Union of India and is a Maharatna Company, responsible for the supply of fuel for various purposes. Respondent No.2-Company is also in the business of generating wind energy and supplying the same to the distribution companies and in furtherance of the same, respondent No.2 herein entered into various power purchase agreements with the petitioners. Respondent No.2 entered into power purchase agreements dated 31.01.2012, 08.05.2012, 21.03.2013 and 18.07.2014. The present dispute is only with regard to the payment of tariff with regard to the power purchase agreements entered into on 21.03.2013 and 18.07.2014, wherein the tariff was fixed @Rs.4.70 per unit. Respondent No.2 herein approached the Andhra Pradesh State Electricity Regulatory Commission, by way of filing O.P. No.64 of 2019 against the petitioners herein, complaining non-payment of the tariff under the power purchase agreements dated 21.03.2013 and 18.07.2014. The Andhra Pradesh Electricity Regulatory Commission, by way of an order dated 02.08.2021, allowed the said O.P. No.64 of 2019 in part and granted the following reliefs in favour of respondent No.2 herein:

"(a) Respondent No.1 shall pay all the outstanding bills to the petitioner under all the four PPAs as per the invoices raised by the petitioner in two equal monthly instalments. The first instalment shall be paid on or before 15.09.2021 and the second instalment shall be paid on or before 31.10.2021.

(b) Respondent No.1 shall pay LPS on the arrears at 50% of the ruling Prime Lending Rate along with the arrears as per the schedule fixed under (a) supra."

2. In the above background, assailing the validity and the legal sustainability of the said order passed by the Andhra Pradesh Electricity Regulatory Commission, the present Writ Petition has been filed.

3. Resisting the present Writ Petition, a preliminary counter-affidavit has been filed by respondent No.2 herein.

4. Heard the learned Advocate General for the petitioners and Sri Challa Gunaranjan, learned counsel for respondent No.2, apart from perusing the material available on record.

5. Submissions/contentions of the learned Advocate General:

(1) The order passed by respondent No.1-Andhra Pradesh Electricity Regulatory Commission is highly erroneous, contrary to law and is in excess of the jurisdiction vested in the Commission.

(2) The Commission passed the questioned order without taking into account the submissions made and the contentions advanced on behalf of the petitioners herein.

(3) The Commission grossly erred in holding that the orders of this Court in W.P. Nos.9844 of 2019 and Batch confines itself to the generators which have approached this Court and that the said finding tantamounts interpretation of the orders passed by this Court and the same is in excess of the jurisdiction of respondent No.1-Commission.

(4) The Commission grossly erred in holding that since the order in W.P. Nos.9844 of 2019 dated 24.09.2019 is not applicable to respondent No.2, respondent No.2 is entitled to receive payments @Rs.4.70 as originally agreed vide power purchase agreements dated 21.03.2013 and 18.07.2014.

(5) The findings recorded by respondent No.1, which are in excess of the jurisdiction would have large scale impact on all power generators who have not approached this Court, challe