Srirama Reddy vs State Of Karnataka on 12 December, 2017

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Karnataka High Court

Srirama Reddy vs State Of Karnataka on 12 December, 2017

Bench: A.S.Bopanna

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 12TH DAY OF DECEMBER, 2017

                         BEFORE

       THE HON'BLE MR. JUSTICE A.S.BOPANNA

      WRIT PETITION NO.14992/2017(GM-Res)

BETWEEN :

Srirama Reddy,
S/o.Late Narayana Reddy,
Aged about 66 years,
R/at Gollapalli Gadda
Near Oolavadi,
Oolavadi Post,
Kasaba Hobli,
Chinthamani Taluk,
Chikkaballapura District-563 125.      ...PETITIONER

       (By Sri.Kethan Kumar, Adv.)

AND :

1.     State of Karnataka,
       Department of Energy,
       2nd Floor, Vikasa Soudha,
       Bangalore - 560 001.
       Represented by its Secretary.

2.     Bangalore Electricity Supply
       Company, C.O. & M. Division,
       BESCOM, Chinthamani-563 125,
       Represented by its
       Executive Engineer (Ele.)
                           -2-


3.   Bangalore Electricity Supply
     Company, Corporate Office,
     Room No.1, Ground Floor,
     Block-2, K.R.Circle,
     Bangalore - 560 001.
     Represented by its
     General Manager, DSM.

4.   Bangalore Electricity Supply
     Company, Corporate Office,
     K.R.Circle, Bangalore-560 001,
     Represented by its
     Managing Director (MD),

5.   Karnataka Electricity
     Regulatory Commission,
     6th and 7th Floor,
     Mahalaxmi Chambers,
     No.9/2, M.G.Road,
     Bengalur - 560 001,
     Represented by its
     Secretary.                       ...RESPONDENTS

     (By Sri.K.P.Yoganna, HCGP for R1,
         Sri. SrikanthPatil K., Adv. for R2 to R4,
         Sri. T.S.Amar Kumar, Adv. for R5)
                       . . . .

     This writ petition is filed under Articles 226 and
227 of the Constitution of India praying to quash the
endorsement dated 29.08.2016 Annexure 'B' issued bys
the respondent No.2 terminating the PPA Agreement
dated 30.12.2015 vide Annexure 'A' entered into
between petitioner and respondent No.2 and etc.

      This writ petition coming on for preliminary
hearing, this day, the Court made the following:
                                  -3-



                            ORDER

The petitioner is before this Court assailing the endorsement dated 29.08.2016 as at Annexure 'B' to the petition. In that regard the petitioner is seeking issue of madamus to direct respondent No.2 to extend the time by six months for erection of the Solar panels in pursuance to the Power Purchase Agreement dated 30.12.2015.

2. Though contentions are urged in the petition to assail the impugned Official Memorandum dated 29.08.2016, the details of the same need not be adverted to, since this Court while considering a similar batch of petitions in W.P. No.51001/2016 and connected petitions through the order dated 16.03.2017 had taken note of the termination of the Power Purchase Agreement being made without providing opportunity to the petitioners who are similarly placed as that of the petitioner herein.

-4-

3. In that view, having set-aside the order, a direction was issued to issue show cause notice, provide opportunity and thereafter take action in accordance with law. Hence, in the instant case also, a similar benefit as directed by this Court through the order dated 16.03.2017 is to be extended.

Accordingly, the impugned order/Official memorandum dated 29.08.2016 is quashed.

Liberty is reserved to the respondents No.2 to 4 to issue show-cause notice, provide opportunity to the petitioner and thereafter pass appropriate orders in accordance with law.

Petition is accordingly disposed of.

Sd/-

JUDGE SPS

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