IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. NOS.33345-33347 OF 2018 AND W.P.NOS.34550-34551 OF 2018 (GM-KEB) BETWEEN:
1. INR ENERGY VENTURES A PARTNERSHIP FIRM REGISTER UNDER THE PARTNERSHIP ACT, 1932, HAVING ITS REGISTERED OFFICE AT “THE FALCOM HOUSE”, NO.1, MAIN GUARD CROSS ROAD BANGALORE-560 001 REP. BY ITS AUTHORISED SIGNATORY MR.KHIZRA ATIQUE BANDUKWALA 2. M/S.BELGAUM SOLAR POWER PRIVATE LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT D-43, 2ND FLOOR, JANPATH SHYAM NAGAR, SODALA, JAIPUR RAJASTHAN -302 019 REPRESENTED BY ITS AUTHORISED SIGNATORY MRS.KHIZRA ATIQUE BANDUKWALA 3. M/S.MAMADAPUR SOLAR PRIVATE LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT D-43, 2ND FLOOR, JANPATH SHYAM NAGAR, SODALA, JAIPUR RAJASTHAN -302 019 REPRESENTED BY ITS AUTHORISED SIGNATORY MRS.KHIZRA ATIQUE BANDUKWALA (BY SRI.SURAJ GOVINDA RAJ, ADV.) AND:
… PETITIONERS 1. KARNATAKA ELECTRICITY REGULATORY COMMISSION (KERC) NO.16, C-1, MILLERS TANK BED AREA VASANTHANAGAR BANGALORE-560 052 (REPRESENTED BY ITS CHAIRMAN) 2. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT K.R.CIRCLE, BENGALURU-560 001 (REPRESENTED BY ITS MANAGING DIRECTOR) 3. HUBLI ELECTRICITY SUPPLY CORPORATION LIMITED (HESCOM) CORPORATE OFFICE P.B.ROAD, NAVANAGAR HUBBALLI-580 025 (REPRESENTED BY ITS MANAGING DIRECTOR) 4. MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (MESCOM) MESCOM BHAVANA KAVOOR CROSS ROAD, BEJAI MANGALURU-575 004 5. GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED (GESCOM) A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT STATION ROAD KALABURGI-575 101 (REPRESENTED BY ITS MANAGING DIRECTOR) 6. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED NO.29, KAVERI GRAMEENA BANK ROAD HINKAL, VIJAYANAGAR 2ND STAGE MYSURU-570 019 7. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT KAVERI BHAVAN, K.G.ROAD BENGALURU-560 009 (REPRESENTED BY ITS MANAGING DIRECTOR) ... RESPONDENTS (BY SRI.AMAR KUMAR T.S., ADV. FOR R-1 SRI.S.SRIRANGA, ADV. FOR R-2 SRI.H.V.DEVARAJU, ADV. FOR R-3 SMT.M.C.NAGASHREE, ADV. FOR R-4 SRI.PRASHANTH T.PANDIT, ADV. FOR R-5 SRI.G.C.SHANMUKHA, ADV. FOR R-6 SRI.N.G.VIJAY KUMAR, ADV. FOR R-7) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO.N/172/16, N/2015/16, N/2013/16, N/80/17 AND N/262/17 DATED:19.01.2018 PASSED BY THE ‘KARNATAKA ELECTRICITY REGULATORY COMMISSION, BENGALURU’, (HEREINAFTER REFERRED TO AS THE 1ST RESPONDENT) IN O.P.NO.90/2016, O.P.NO.100/2016, O.P.NO.104/2016, O.P.NO.47/2017 AND O.P.NO.130/2017 VIDE ANNEXURE-A TO THE WRIT PETITION, AS FAR AS IT CONCERNS THE PETITIONERS HEREIN AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In these writ petitions, petitioners have sought for the following relief:
Issue a writ in the nature of certiorari or any other writ, order or direction of like nature, quashing the impugned order bearing No.172/16, N/205/16, N/203/16, N/80/17 and N/262/17 dated 09.01.2018 passed by the ‘Karnataka Electricity Regulatory Commission, Bengaluru’, (hereinafter referred to as the 1st Respondent) in O.P. No.90/2016, O.P. No.100/2016, O.P. No.104/2016, O.P.
No.47/2017 and O.P. No.130/2017 vide Annexure – A to the writ petition, as far as it concerns the petitioners herein.
2. Learned counsel for the parties submitted that 9.1.2018 (impugned order) was a subject matter of litigation before the Appellate Authority. Appellate Authority by its order dated 29.3.2018, set aside the Karnataka Electricity Regulatory Commission (for short ‘the KERC’) order dated 9.1.2018 and remanded the matter to KERC. In this background, present impugned order dated 9.1.2018 is set aside insofar as the petitioners are concerned and matters are remitted to KERC authority for deciding the issues in O.P. No.90/2016 and connected matters afresh r/w Appellate Authority’s order dated 29.3.2018 after giving due opportunity to the petitioners. Petitioners were also permitted to file any additional pleadings and documents if any at the earliest.
3. Writ petitions stand allowed in terms of the above observation.
Sd/- JUDGE BS