Karnataka High Court
Sri M Surendra Reddy vs State Of Karnataka on 27 July, 2017
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
1
IN THE HIGH COU RT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 27 T H DAY OF JULY 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA
WRIT PETITION NOS. 21198-21200/2017 (GM-RES)
BETWEEN:
SRI M SURENDRA REDDY S/O ANJI REDDY
AGED ABOUT 47 Y EARS,
R/O HIREBOMMANAL VILLAGE,
KOPPALA TALUK, KOPPALA DIS TRICT - 583 228.
...PETITIONER.
(BY SRI BHARA TH KUMAR V, ADVOCATE.)
AND:
1. STA TE OF KARNA TAKA
DEPARTMENT OF ENERGY
2 N D F LOOR, VIKAS A SOUDHA,
BENGALURU - 560 001.
REP. BY ITS ADDL. CHIEF SECRETARY.
2. KARNATAKA ELECTRICITY REGULA TORY
COMMISSION, HAVING OFFICE A T NO .9/2,
6 T H AND 7 T H FLOOR, MAHALAXMI CHAMBERS,
M.G.ROAD, BENGALURU - 560 001.
REP. BY ITS COM MISSIONER.
3. M/S GULBARGA ELECTRICITY
SUPPLY COMPANY LTD.,
HAVING ITS OFFICE A T
2
STA TION MAIN RO AD, KALABURGI - 585 102
REP. BY ITS MANAGING DIRECTOR.
4. EXECU TIVE ENGINEER
O & M DIVISION,
M/S GULBARGA ELECTRICITY
SUPPLY COMPANY LTD.,
KOPPALA - 583 234.
... RESPONDENTS
(BY SMT.K.VIDYAVATHI, ADDL. GOVERNMENT
ADVOCATE, FOR R.1.;
SRI B.S .KAMATE, ADVOCATE, FOR R.2;
SRI LAXMAN T MANTAGANI, ADVOCA T, FOR R.3 AND
R.4.)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF CONS TITU TION OF INDIA
PRAYING TO QU ASH THE ORDER/COMMUNICATION
DATED 19.9.2016, MADE BY THE 4 T H RESPONDENT
HEREIN, VIDE ANNEXURE-A , ETC.,.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING B-GROUP, THIS DAY, TH E
COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsels appearing for the respective parties.
2. The petitioner has made an application to GESCOM by remitting necessary fee required for the purpose of availing the permission of 3 SRTPV (Solar Roof Top PV Plants) connection. The GESCOM has accepted the said application and issued the approval for execution of the above Power Purchase Agreement (PPA). It is alleged that without issuing any notice to the petitioner in respect of his representation, the respondent No.4 GESCOM has withdrawn the approval for the execution of the Power Purchase Agreement (PPA) and also cancelled the PPA unilaterally as per Annexure-A. Similar matters came before this Court in W.P.No.204773-781/2016 with other connected matters and this Court has allowed the writ petitions and directed the GESCOM to provide opportunity to the petitioner and to pass appropriate orders.
3. In view of the above said covered decision, there is no legal impediment for this Court to pass similar orders in these petitions also. Hence the writ petitions are allowed. The 4 impugned order/communication as per Annexure-A, issued by the 4th respondent GESCOM terminating the Power Purchase Agreement entered into between the petitioner and the 4 t h respondent is hereby quashed.
4. The respondent No.4 GESCOM is at liberty to consider the matter afresh by issuing show cause notice to the petitioner and after providing him an opportunity of hearing, pass appropriate orders, in accordance with law.
Sd/-
JUDGE Mrk/-