IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.35569/2018 (GM – KEB) BETWEEN:
VATSALA BALLARY SOLAR PROJECTS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.1208, 12TH FLOOR, SATRA PLAZA, PLOT NO.19, SECTOR-19-D, PALM BEACH ROAD, NAVI MUMBAI, THANE-400 705, REP BY ITS AUTHORIZED SIGNATORY. ... PETITIONER [BY SRI SHRIDHAR PRABHU, ADV.] AND:
1. KARNATAKA ELECTRICITY REGULATORY COMMISSION No.16, C-1, MILLER TANK BED AREA, VASANTHNAGAR, BENGALURU-560052 REP. BY ITS CHAIRPERSON.
2. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT K.R.CIRCLE, BENGALURU-560 001, REP BY ITS MANAGING DIRECTOR …RESPONDENTS [BY SRI MAYANNA B.L., ADV. FOR R-1; SMT.NETHRA G., ADV. FOR SRI SHAHBAAZ HUSSAIN, ADV. FOR R-2.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE KERC’S ORDER DATED 10TH JULY 2018 IN O.P.NO.153/2017 HEREIN AS ANNEXURE-A ISSUED BY 1ST RESPONDENT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order dated 10.07.2018 passed by respondent No.1, inter alia, seeking a direction to the respondent – BESCOM to pay the tariff as per Power Purchase Agreement dated 03.07.2015.
2. The order impugned herein at Annexure – A is an appealable order. It is well settled law that no writ petition is maintainable more particularly when the factual aspects are involved, circumventing the alternative and efficacious remedy of appeal available under the statute. Hence, this Court deems it appropriate to relegate the petitioner to avail the statutory remedy of appeal available for redressal of grievance. If such an appeal is preferred by the petitioner 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 Authority on merits without objecting to the aspect of limitation. All rights and contentions of the parties are left open.
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR