ORDER:

1) This Contempt Case is filed alleging, deliberate violation / disobedience and non-compliance of the interim order dated 01.11.2018, passed in I.A.No.2 of 2018 in W.P.No.38203 of

2018.

2) The petitioners filed above said Writ Petition challenging the order passed by the Andhra Pradesh State Electricity Regulation Commission (for short “the APERC”) dated 28.07.2018, in O.P.No.1 of 2017 wherein APERC, inter alia, directed the wind power generation companies, including the 1st petitioner company herein, to give credit in the tariff determined for the wind power projects, the Generation Based Incentive (for short “GBI”) claimed and availed by them and the petitioners therein i.e., Southern Power Distribution Company of A.P. and Eastern Power Distribution Company of A.P., were permitted to deduct the amounts so claimed and availed by them towards such GBI by the wind power generators and only pay the balance of tariff payable to them for the electricity supplied by such generators to the said Distribution companies, out of the monthly bills payable since the filing of the above said O.P. until such availed GBI is totally given credit to in the tariff payable by the distribution companies to such generators respectively.

3) Challenging the said order, one of the wind power generation companies filed W.P.No.29841 of 2018 and A learned Judge after expressing prima facie satisfaction that the APERC has no jurisdiction to exercise the power of review in the manner it did, vide orders dated 23.08.2018 in I.A.No.1 of 2018 in W.P.No.29841 of 2018 granted interim suspension of the order dated 28.07.2018 passed by the APERC in O.P.No.1 of 2017.

4) In so far as the Writ Petition No.38203 of 2018 filed by the present writ petitioners, a learned Judge at the time of considering the matter for admission passed the following order:

“Learned counsel on either side submitted that on consideration of the matter, learned single Judge of this Court in W.P.No.29847 of 2018 granted interim suspension of order dated 28.07.2018. In view of the same, petitioner herein is also entitled to interim suspension of order dated 28.07.2018. Perused the order.

There shall be interim stay as prayed for.

At this stage, learned standing counsel for respondents informs the Court that after granting interim suspension, matters are placed before the Division Bench and they are coming up for hearing. In view of the said submission, office to verify and place the matter before the Division Bench along with connected W.P.No.33534 of 2018, after obtaining necessary instructions from the Hon’ble the Chief Justice.”

5) Referring to the order dated 01.11.2018, Mr.O.Manohar Reddy, learned Senior Counsel, inter alia, made detailed submissions by drawing the attention of this Court to the chronological events. The learned Senior Counsel submits that by virtue of the interim orders referred to above, the distribution companies are not entitled to deduct the GBI. However, in September-2018, the A.P. Southern Power Distribution Company Ltd., (APSPDCL) completely stopped payment of tariff amounts; thereby the GBI deductions were also stopped. He submits that subsequently APSPDCL filed O.P.No.17 of 2019 before APERC seeking retrospective revision of GBI tariff and various generating companies filed a Batch of Writ Petitions (WP Nos.2401 of 2019 etc.,) challenging the maintainability of the O.P.No.17 of 2019. 6) While the matters were pending consideration, the learned counsel submits that the Government of Andhra Pradesh issued G.O.Ms.No.63, dated 01.07.2019, constituting a High Level Negotiations Committee to review and renegotiate the Wind and Solar Power PPA tariffs. He submits that thereafter the PPA tariff was reduced Rs.2.43 ps., per unit and the generating companies were directed to submit revised bills for payment. Aggrieved by the same, the learned counsel submits that the petitioner company herein and other generating companies filed W.P.No.9874 of 2019 & Batch and the said