Karnataka High Court
Smt Shailaja 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 NO. 20733/2017 (GM-RES)
BETWEEN:
SMT. SHAILAJA W/O K.M.MADHAVA
AGED ABOUT 43 Y EARS,
R/O CHIKKAKASANAKANDI VILLAGE,
MUNIRABAD, KOPPALA TALUK,
KOPPALA DIS TRICT - 583 234.
... 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.,
2
HAVING ITS OFFICE A T
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.)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF CONSTITU TION OF INDIA PRAYING TO
QUASH THE ORDER/COMMUNICATION DATED
19.9.2016, MADE BY THE 4 T H RESPONDENT HEREIN,
VIDE ANNEXU RE-A , ETC.,.
THIS WRIT PETITION 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that without issuing any notice to the petitioner in respect of her representation, the respondent No.4 GESCOM has withdrawn the approval for the execution of the Power Purchase Agreement (PPA) and also cancelled the PPA unilaterally as per Annexure-A. Similar matters came before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 this petition also. Hence the writ petition is allowed. The impugned 4 order/communication as per Annexure-A, issued by the 4 t h 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 her an opportunity of hearing, pass appropriate orders, in accordance with law.
Sd/-
JUDGE Mrk/-