IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.14555/2019 (GM – KEB) BETWEEN:
SRI SADASHIVA REDDY S/O M.S.SIDDA REDDY AGED ABOUT 42 YEARS, R/AT NO.C304, VICTORY HARMONY APARTMENT, ANANDANAGAR, R.T. NAGAR POST BENGALURU-560 032. ... PETITIONER [BY SRI VIJAYA KRISHNA BHAT, ADV.] AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF ENERGY, 2ND FLOOR, VIKASA SOUDHA, BENGALURU-560 001 BY ITS SECRETARY.
2. BENGALURU ELECTRICITY SUPPLY COMPANY, CORPORATE OFFICE, K.R. CIRCLE, BENGALURU-560 001 REP. BY ITS MANAGING DIRECTOR (MD) 3. THE EXECUTIVE ENGINEER (ELE), C.O. & M DIVISION, BESCOM, CHIKKABALLAPURA-562101.
4. THE EXECUTIVE ENGINEER (ELE), BENGALURU ELECTRICITY SUPPLY COMPANY, C.O. & M DIVISION, BESCOM, GUDIBANDE-561209.
5. THE GENERAL MANAGER (ELE) BENGALURU ELECTRICITY SUPPLY COMPANY, DSM CORPORATE OFFICE, K.R. CIRCLE, BENGALURU-560 001.
6. KARNATAKA ELECTRICITY REGULATORY COMMISSION 6TH AND 7TH FLOOR, MAHALAXMI CHAMBERS, NO.9/2, M.G. ROAD, BENGALURU-560 001 REP. BY ITS SECRETARY …RESPONDENTS [BY SMT.JYOTHI M., AGA FOR R-1;
SRI H.V.DEVARAJU, ADV. FOR R-2 TO R-5; SRI B.N.PRAKASH, ADV. FOR R-6.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 12.01.2018 AT ANNEXURE-F AND DIRECT THE RESPONDENTS TO FIX THE TARIFF TO THE POWER SUPPLIED BY THE PETITIONER AS PER THE PPA AT ANNEXURE-B.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner is aggrieved by the inaction of respondent No.3 in not considering the representation dated 12.01.2018 submitted by him as per Annexure – F to the writ petition.
2. The petitioner claims that he is owning a poultry farm at Benneparthi Village, gudibane taluk, Chikkaballapura District and the said farm consists of several sheds, godowns and other related buildings constructed in accordance with law. The Power Purchase Agreement (PPA) dated 16.12.2015 is said to have been entered with respondent No.3 for setting up a solar roof top power project on the roof top of the poultry farm building and supply the surplus solar power to the grid of the BESCOM. It is the grievance of the petitioner that the representation submitted by him to respondent No.3 to consider the demand of tariff has not been responded to. Hence, this writ petition.
3. In the facts and circumstances of the case, this Court is of the considered opinion that there is no legal impediment for respondent No.3 to consider the representation dated 12.01.2018 submitted by the petitioner at Annexure – F and take a decision in accordance with law. The same not being done, this Court deems it appropriate to direct respondent No.3 to consider the representation dated 12.01.2018 at Annexure – F and take a decision in accordance with law in an expedite manner, in any event, not later than eight weeks from the date of receipt of the certified copy of the order. Ordered accordingly.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE PMR