IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.35646 & 35855/2018 (GM – KEB) BETWEEN :
Mrs. LALITHA PRAKASH W/O LATE PRAKASH CARJIGE, BUDHIHAL VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. ...PETITIONER (BY SRI M.S.RAGHAVENDRA PRASAD, ADV.) AND :
1 . THE KARNATAKA ELECTRICITY REGULATORY COMMISSION NO.16, C-1, MILLERS TANK BED AREA, VASANTH NAGAR, BENGALURU-560052 REP BY ITS SECRETARY 2 . BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) OFFICE AT CFC BUILDING, NRUPATHUNGA ROAD, BANGALORE-560001 BY ITS MANAGING DIRECTOR 3 . THE STATE OF KARNATAKA DEPARTMENT OF ENERGY, VIDHANA SOUDHA, Dr. AMBEDKAR VEEDHI, BANGALORE-560001, REP BY ITS ADDITIONAL CHIEF SECRETARY …RESPONDENTS (BY SRI MAYANNA, ADV. FOR LAWYERS INC. ADVS. FOR R-1; SRI S.SRIRANGA, ADV. FOR M/s JUST LAW, ADVS. FOR R-2; SMT.NILOUFER AKBAR, AGA FOR R-3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMON ORDER DATED 24.07.2018 PASSED IN O.P.NO.142/2017 AND O.P.NO.143/2017 BY R-1 VIDE ANNEXURE-A.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has assailed the order dated 24.07.2018 passed by the respondent No.1 in O.P.Nos.142/2017 and 143/2017.
2. The petitioner claims that she is the Power Purchase Agreement (PPA) holder with respondent No.1 for a MW project as per the ‘Under Construction’ scheme which has been approved by respondent No.2 wherein tariff was fixed at Rs.9.56/- per unit. It is the contention of the petitioner that the respondents intend to bill at the tariff rate of Rs.5.20/- per unit instead of Rs.9.56/- per unit. Hence, OP Nos.142/2017 and 143/2017 were filed by the petitioner before respondent No.1. Respondent No.1 has passed the common order declaring that the petitioner is not entitled to any of the reliefs sought for in the petitions. The petitioner has been directed to pay a tariff of Rs.5.20/- per unit under net-metering for the surplus electricity generated and injected from the SRTPV Plants for a period of 25 years from the date of commissioning of the plants on entering into appropriate fresh PPAs with respondent No.2 herein within four weeks from the date of the order. In default, the petitioner shall not be entitled to inject energy into the grid. Hence, these writ petitions.
3. It is not in dispute that the issue involved herein is a mixed question of facts and law. Hence, the writ petition filed without exhausting the alternative remedy of appeal available under the Statute cannot be entertained.
4. Accordingly, the writ petition stands disposed of, reserving liberty to the petitioner to avail the alternative and efficacious remedy of appeal available under the Statute. If such an appeal is filed within a period of four weeks from the date of receipt of certified copy of the order, the same shall be considered by the Appellate Tribunal on merits, in accordance with law, without objecting to the period of limitation.
With the aforesaid observations and directions, writ petitions stand disposed of.
All the rights and contentions of the parties are left open.
Sd/- JUDGE Dvr: