IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.54004 OF 2017 C/W WRIT PETITION NO.54593 OF 2017 WRIT PETITION NO.54003 OF 2017 WRIT PETITION NO.54005 OF 2017 WRIT PETITION NO.54006 OF 2017 WRIT PETITION NO.54007 OF 2017 WRIT PETITION NO.54595 OF 2017 WRIT PETITION NO.54594 OF 2017 WRIT PETITION NO.44308 OF 2017 WRIT PETITION NO.54004 OF 2017 BETWEEN:
SMT HEMAVATHI, W/O SRI CHANNABASAPPA, AGED ABOUT 55 YEARS, R/AT SIDDAMANAHALLI, BANGARAKKANAGUDDA, KUCHAVVANAHALLI POST, JAGALUR TALUK, DAVANAGERE DISTRICT-577528.
(BY MR.K.RAVISHANKAR FOR MR.M.SHIVAPRAKASH, ADV.) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY ENERGY DEPARTMENT, VIKASA SOUDHA, …PETITIONER AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE SECRETARY, KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH AND 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, MG ROAD, BENGALURU-560 001.
3. BENGALURU ELECTRICITY SUPPLY COMPANY LTD, BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R.CIRCLE, BENGALURU-560 001.
4. THE EXECUTIVE ENGINEER, COMMERCE AND DEVELOPMENT DEPARTMENT, CO & M DIVISION, BESCOM, DAVANAGERE EAST DIVISION, DAVANAGARE-577002.
… RESPONDENTS (BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 MR.B.N.PRAKASH, ADV. FOR M/S LAWYERS INC ASSTS. FOR R2 MR.H.V.DEVARAJU, ADV. FOR R3 AND 4) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF R-4 IN RESPECT OF OFFICIAL MEMORANDUM DTD:9.6.2017, AND ETC.
WRIT PETITION NO.54593 OF 2017 BETWEEN:
SMT. JAGADEESHWARI REDDY, W/O SRI. RAMAKRISHNA REDDY, AGED ABOUT 56 YEARS, R/AT LAGUMADDEPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-562101.
(BY MR.K.RAVISHANKAR FOR MR.M.SHIVAPRAKASH, ADV.) AND:
1. THE CHIEF SECRETARY, STATE OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001.
2. THE SECRETARY, KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH AND 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, M.G.ROAD, BANGALORE-560 001.
3. BANGALORE ELECTRICITY SUPPLY COMPANY LTD, BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R.CIRCLE, BANGALORE-560001.
4. CHIEF ELECTRICAL INSPECTOR, GOVERNMENT OF KARNATAKA, NIRMAN BHAVAN, 2ND FLOOR, P.B. NO.5148, DR. RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE-560 010.
5. THE EXECUTIVE ENGINEER, COMMERCE AND DEVELOPMENT DEPARTMENT, CO & M DIVISION, BESCOM, CHIKKABALLAPUR DISTRICT-562101.
…PETITIONER … RESPONDENTS (BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 AND 4 MR.B.N.PRAKASH, FOR M/S LAWYER INC ADVTS. FOR R2 MR.S.SRIRANGA, ADV. FOR R3 R-5 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF R-5 IN RESPECT OF OFFICIAL MEMORANDUM DTD:27.7.2017, AND ETC.
WRIT PETITION NO.54003 OF 2017 BETWEEN:
SRI K.CHANNABASAPPA, S/O KONDAPPA, AGED ABOUT 70 YEARS, R/AT BANGARAKKANAGUDDA, HUCHAVVANAHALLY POST, JAGALUR TALUK, DAVANAGERE DISTRICT – 577 528.
(BY MR.K.RAVISHANKAR FOR MR.M.SHIVAPRAKASH, ADV.) …PETITIONER AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY ENERGY DEPARTMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE SECRETARY, KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH AND 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, MG ROAD, BENGALURU-560 001.
3. BENGALURU ELECTRICITY SUPPLY COMPANY LTD, BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R.CIRCLE, BENGALURU-560 001.
4. THE EXECUTIVE ENGINEER, COMMERCE AND DEVELOPMENT DEPARTMENT, CO & M DIVISION, BESCOM, DAVANAGERE EAST DIVISION, DAVANAGARE-577002.
… RESPONDENTS (BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 MR.B.N.PRAKASH, ADV. FOR M/S LAWYERS INC ASSTS. FOR R2 MR.H.V.DEVARAJU, ADV. FOR R3 AND 4)) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF R-4 IN RESPECT OF OFFICIAL MEMORANDUM DTD:9.6.2017, AND ETC.
WRIT PETITION NO.54005 OF 2017 BETWEEN:
SRI BASAVARAJU, S/O SRI.CHANNABASAPPA, AGED ABOUT 27 YEARS, R/AT SIDDAMANAHALLI, BANGARAKKANAGUDDA, KUCHAVVANAHALLI POST, JAGALUR TALUK, DAVANGERE DISTRICT – 577 528.
(BY MR.K.RAVISHANKAR FOR MR.M.SHIVAPRAKASH, ADV.) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE SECRETARY, …PETITIONER KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH AND 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, MG ROAD, BENGALURU-560 001.
3. BENGALURU ELECTRICITY SUPPLY COMPANY LTD, BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R.CIRCLE, BENGALURU-560 001.
4. THE EXECUTIVE ENGINEER, COMMERCE AND DEVELOPMENT DEPARTMENT, CO & M DIVISION, BESCOM, DAVANAGERE EAST DIVISION, DAVANAGARE-577002.
… RESPONDENTS (BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 MR.B.N.PRAKASH, FOR M/S LAWYERS INC ASSTS. FOR R2 MR.H.V.DEVARAJU, ADV. FOR R3 AND 4)) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF R-4 IN RESPECT OF OFFICIAL MEMORANDUM DTD:9.6.2017, AND ETC.
WRIT PETITION NO.54006 OF 2017 BETWEEN:
SMT. BINDU.C, D/O SRI.CHANNABASAPPA, AGED ABOUT 34 YEARS, R/AT SIDDAMANAHALLI, BANGARAKKANAGUDDA, KUCHAVVANAHALLI POST, JAGALUR TALUK, DAVANAGERE DISTRICT – 577 528.
(BY MR.K.RAVISHANKAR FOR MR.M.SHIVAPRAKASH, ADV.) …PETITIONER AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE SECRETARY, KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH AND 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, MG ROAD, BENGALURU-560 001.
3. BENGALURU ELECTRICITY SUPPLY COMPANY LTD, BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R.CIRCLE, BENGALURU-560 001.
4. THE EXECUTIVE ENGINEER, COMMERCE AND DEVELOPMENT DEPARTMENT, CO & M DIVISION, BESCOM, DAVANAGERE EAST DIVISION, DAVANAGARE-577002.
… RESPONDENTS (BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 MR.B.N.PRAKASH, FOR M/S LAWYERS INC ASSTS. FOR R2 MR.G.C.SHANMUKHA, ADV.FOR R3 MR.S.SRIRANGA, ADV. FOR R3 AND 4) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF R-4 IN RESPECT OF OFFICIAL MEMORANDUM DTD:9.6.2017, AND ETC.
WRIT PETITION NO.54007 OF 2017 BETWEEN:
SMT. DEEPA.C, D/O SRI.CHANNABASAPPA, AGED ABOUT 27 YEARS, R/AT SIDDAMANAHALLI, BANGARAKKANAGUDDA, KUCHAVVANAHALLI POST, JAGALUR TALUK, DAVANGERE DISTRICT – 577 528.
(BY MR.K.RAVISHANKAR FOR MR.M.SHIVAPRAKASH, ADV.) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE SECRETARY, …PETITIONER KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH AND 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, MG ROAD, BENGALURU-560 001.
3. BENGALURU ELECTRICITY SUPPLY COMPANY LTD, BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R.CIRCLE, BENGALURU-560 001.
4. THE EXECUTIVE ENGINEER, COMMERCE AND DEVELOPMENT DEPARTMENT, CO & M DIVISION, BESCOM, DAVANAGERE EAST DIVISION, DAVANAGARE-577002.
(BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 MR.B.N.PRAKASH, FOR M/S LAWYERS INC ASSTS. FOR R2 MR.G.C.SHANMUKHA, ADV.FOR R3 MR.S.SRIRANGA, ADV. FOR R3 AND 4) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF R-4 IN RESPECT OF OFFICIAL MEMORANDUM DTD:9.6.2017, AND ETC.
WRIT PETITION NO.54595 OF 2017 BETWEEN:
SRI K.SRIDHAR, S/O KODANDARAMA REDDY, AGED ABOUT 45 YEARS, R/AT LAGUMADDEPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT.
(BY MR.K.RAVISHANKAR FOR MR.M.SHIVAPRAKASH, ADV.) …PETITIONER AND:
1. THE CHIEF SECRETARY, STATE OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE SECRETARY, KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH AND 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, MG ROAD, BANGALORE-560 001.
3. BANGALORE ELECTRICITY SUPPLY COMPANY LTD, BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R.CIRCLE, BANGALORE-560 001.
4. CHIEF ELECTRICAL INSPECTOR, GOVERNMENT OF KARNATAKA, NIRMAN BHAVAN, 2ND FLOOR, P.B.NO.5148, DR.RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE – 560 010.
5. THE EXECUTIVE ENGINEER, COMMERCE AND DEVELOPMENT DEPARTMENT, CO & M DIVISION, BESCOM, CHIKKABALLAPUR DISTRICT – 562101.
… RESPONDENTS (BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 AND 4 MR.B.N.PRAKASH, FOR M/S LAWYERS INC ASSTS. FOR R2 R3 AND 5 SEVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF R-5 IN RESPECT OF OFFICIAL MEMORANDUM DTD:15.6.2017, AND ETC.
WRIT PETITION NO.54594 OF 2017 BETWEEN:
SRI RAMAKRISHNA REDDY, S/O LATE S.NARAYANA REDDY, AGED ABOUT 67 YEARS, R/AT LAGUMADDEPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT – 562 101 …PETITIONER (BY MR.K.RAVISHANKAR FOR MR.M.SHIVAPRAKASH, ADV.) AND:
1. THE CHIEF SECRETARY, STATE OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE SECRETARY, KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH AND 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, MG ROAD, BANGALORE-560 001.
3. BANGALORE ELECTRICITY SUPPLY COMPANY LTD, BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R.CIRCLE, BANGALORE-560 001.
4. CHIEF ELECTRICAL INSPECTOR, GOVERNMENT OF KARNATAKA, NIRMAN BHAVAN, 2ND FLOOR, P.B.NO.5148, DR.RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE – 560 010.
5. THE EXECUTIVE ENGINEER, COMMERCE AND DEVELOPMENT DEPARTMENT, CO & M DIVISION, BESCOM, CHIKKABALLAPUR DISTRICT – 562101.
… RESPONDENTS (BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 AND 4 MR.B.N.PRAKASH, FOR M/S LAWYERS INC ASSTS. FOR R2 MR.P.PRASANNA KUMAR, ADV. FOR R3 VIDE ORDER DATED 3/4/18 SERVICE OF NOTICE TO R5 IS COMPLETE) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF R-5 IN RESPECT OF OFFICIAL MEMORANDUM DTD:15.6.2017, AND ETC.
WRIT PETITION NO.44308 OF 2017 BETWEEN:
FLORA CONSULTANCY SERVICES, REP.BY SRI.RAMAKRISHNA REDDY, S/O LATE S.NARAYANA REDDY, AGED ABOUT 66 YEARS, R/AT LAGUMADDEPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT.
(NOTE: SENIOR CITIZEN BENEFIT NOT CLAIMED BY THE PETITIONER) (BY MR.K.RAVISHANKAR FOR MR.M.SHIVAPRAKASH, ADV.) AND:
1. THE CHIEF SECRETARY, STATE OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BANGALORE – 560 001.
3. THE SECRETARY, …PETITIONER KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH AND 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, MG ROAD, BANGALORE-560 001.
4. BANGALORE ELECTRICITY SUPPLY COMPANY LTD, BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R.CIRCLE, BANGALORE-560 001.
5. THE CHIEF ELECTRICAL INSPECTOR, GOVERNMENT OF KARNATAKA, NIRMAN BHAVAN, 2ND FLOOR, P.B.NO.5148, DR.RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE – 560 010.
6. THE EXECUTIVE ENGINEER, COMMERCE AND DEVELOPMENT DEPARTMENT, CO & M DIVISION, BESCOM, CHIKKABALLAPUR DISTRICT – 577211.
… RESPONDENTS (BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1, 2 AND 5 MR.P.PRASANNA KUMAR, ADV. FOR R4 AND 6) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF R-6 IN RESPECT OF OFFICIAL MEMORANDUM DTD:15.6.2017, AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seek quashment of the impugned communications issued by the Executive Engineer by which the power purchase agreements executed in favour of the petitioners have been cancelled. The petitioners also seek a writ of mandamus against respondents to extend full co- operation for commissioning, synchronizing and production of solar energy by the petitioners.
3. Facts giving rise to the filing of the petitions briefly stated are that the petitioners are agriculturists who had entered an agreement for supply of solar power in terms of the power purchase agreements which were executed between the parties. Each of the petitioners have entered into the agreements on different dates. The said agreements were terminated by the respondents. The aforesaid termination was subject matter of challenge in W.P.No.51001/2016 and connected matters which was disposed of by a Bench of this Court by an order dated 16.03.2017 with a direction to the respondents to consider the explanation furnished by the petitioners and to take a decision in the matter in accordance with law. In compliance of the directions issued by this Court, by the impugned communications, the respondents have cancelled the power purchase agreements of the petitioners. The aforesaid communications is the subject matter of challenge in these petitions.
4. When the matter was taken up today, learned counsel for the petitioners submitted that one of the reliefs prayed for by the petitioners is with regard to grant of extension of time to complete the construction work, is covered by a decision dated 12.12.2018 passed by the Division Bench of this Court in W.A.No.200557/2018 and connected matters and with regard to the remaining grievance, the petitioners be granted liberty to take recourse to the remedy provided to them before the Karnataka State Regulatory Commission.
5. On the other hand, learned counsel for the respondents were unable to dispute the aforesaid factual aspect with regard to the decision rendered by the Division Bench of this Court.
6. In view of the aforesaid submissions and for the reasons assigned by the Division Bench of this Court in the order dated 12.12.2018 passed in W.A.No.200557/2018 and connected matters, the impugned communications are hereby quashed and the respondents are directed to permit the petitioners to complete the construction work within a period of six months from today and thereafter, to carry out the inspection and to examine whether the petitioners have complied with the conditions prescribed in the power purchase agreements and to proceed further with the matter in accordance with law. Needless to state that in case the petitioners do not comply with the terms and conditions laid down in the agreements and fail to complete the construction within a period of six months from today, the respondents shall be at liberty to call for explanation from the petitioners and adjudicate the same by a speaking order which shall be communicated to the petitioners. Needless to state that in case the petitioners complete the construction work as required under the power purchase agreements, the respondents shall take further action in the matter in accordance with law. The petitioners are also granted liberty to approach the Karnataka State Regulatory Commission with regard to their grievance raised in the petitions, if so advised.
With the aforesaid liberty, the petitions are disposed of.
Sd/- JUDGE RV