IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.7042/2019 (GM – KEB) BETWEEN :
FORTUNE FIVE HYDEL PROJECTS PRIVATE LIMITED, HAVING ITS ADMINISTRATIVE OFFICE AT No.701-702, PRESTIGE MERIDIAN – II, No.30, M.G.ROAD, BENGALURU – 560001, REP. BY ITS AUTHORIZED SIGNATORY Mr. SRI HARI BHAGAVAN ...PETITIONER (BY SRI ADITYA NARAYAN, ADV.) AND :
1. BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED THROUGH ITS MANAGING DIRECTOR K.R. CIRCLE, BANGALORE - 560001 2. HUBALLI ELECTRICITY SUPPLY COMPANY LIMITED THROUGH ITS MANAGING DIRECTOR P.B.ROAD, DURGAD BSIL NAVANAGAR, HUBBALLI- 580025, KARNATAKA 3. MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED THROUGH ITS MANAGING DIRECTOR CORPORATE OFFICE, MESCOM BHAWANA KAVOOR CROSS ROAD, BEJAI, MANGALORE - 575004 4. GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED THROUGH ITS MANAGING DIRECTOR STATION ROAD, KALABURAGI - 585102 KARNATAKA 5. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR KAVERI BHAVAN, K.G. ROAD BENGALURU – 560009 …RESPONDENTS (BY SRI S.SRIRANGA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE R-4 LETTER DATED 14.01.2019 [ANNEXURE-A] AS ILLEGAL AND QUASH THE SAME.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the parties.
2. The petitioner has challenged the order/letter dated 14.01.2019 at Annexure-A to the writ petition whereby the petitioner has been informed that the supplemental Wheeling and Banking Agreement dated 7.1.2019 of M/s Fortune Five Hydel Projects Pvt. Ltd., in respect of 101.2 MW WPP located at Basavana Bagewadi Taluk, Vijayapura District received by GESCOM, after verification, is in the old format, but KERC in its order dated 09.01.2018 has stated that the revised banking period is applicable to the existing WBA (Wheeling and Banking Agreement) as such the new or supplemental Wheel and Banking Agreements have to be executed as per the new format.
3. Learned counsel for the respondent Nos.1 to 4 has filed a memo submitting that the order dated 09.01.2018 of the KERC has been set aside by the Tribunal for Electricity in Appeal No.42/2018 and allied matters (D.D.29.3.2018) and matter is remitted back to the KERC with the direction to pass an appropriate order in the light of the observations made by the Appellate Tribunal, in accordance with law, as expeditiously as possible, within a period of six months after receiving the copy of the judgment.
4. In view of the order of the KERC dated 09.01.2018 being set aside as aforesaid, the request made to the respondent No.2 to resubmit the supplemental Wheeling and Banking Agreement in terms of the KERC order dated 9.1.2018 would not survive for consideration at this stage. Hence, the writ petition is rendered infructuous. However the petitioner is at liberty to move before the respondent No.4-GESCOM to consider the supplemental Wheeling and Banking Agreement dated 07.01.2019 and if such representation/application is filed, respondent No.4 shall consider the same in accordance with law in an expedite manner.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE Dvr: