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Karnataka High Court

Hallur Solar Power Private Limited vs The Superintendent Of Police on 11 July, 2025

                                             -1-
                                                        NC: 2025:KHC-K:3842
                                                     WP No. 201921 of 2025


                   HC-KAR




                              IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                            DATED THIS THE 11TH DAY OF JULY, 2025

                                           BEFORE
                              THE HON'BLE MR. JUSTICE M.I.ARUN

                        WRIT PETITION NO.201921 OF 2025 (GM-POLICE)

                   BETWEEN:

                   1.   HALLUR SOLAR POWER PRIVATE LIMITED,
                        A COMPANY INCORPORATED UNDER
                        THE PROVISIONS OF THE COMPANIES ACT, 2013
                        HAVING ITS REGISTERED OFFICE AT NO.29,
                        HARE KRISHAN REGENCY,
                        RAMPURA ROAD, SUKHIYA,
                        SANGANER, JAIPUR-302 011,
                        REPRESENTED BY ITS
                        AUTHORISED SIGNATORY
                        MR. M. PRABHAKARAN.

                   2.   M/S. RAYS POWER INFRA LIMITED,
                        A COMPANY INCORPORATED UNDER
Digitally signed        THE PROVISIONS OF THE COMPANIES ACT, 2013,
by LUCYGRACE            HAVING ITS REGISTERED OFFICE AT 1ST-21
Location: HIGH          EVERSHINE MALL NORTH METER CABIN 1,
COURT OF                MALAD WEST MUMBAI-400 064,
KARNATAKA
                        REPRESENTED BY ITS
                        AUTHORIZED SIGNATORY
                        MR. SANNA THIPPESWAMY.

                   3.   M/S. SOLARCRAFT POWER INDIA 23
                        PRIVATE LIMITED,
                        A COMPANY INCORPORATED UNDER
                        THE PROVISIONS OF THE COMPANIES ACT, 2013,
                        HAVING ITS REGISTERED OFFICE AT
                        1ST FLOOR, TOWER-C, BUILDING 10,
                        CYBER CITY, DLF PHASE-II,
                           -2-
                                     NC: 2025:KHC-K:3842
                                  WP No. 201921 of 2025


HC-KAR




     GURUGRAM, HARYANA-122 002,
     REPRESENTED BY ITS
     AUTHORISED SIGNATORY
     MR. M. PRABHAKARAN.

4.   M/S. SOLARCRAFT POWER INDIA 25
     PRIVATE LIMITED,
     A COMPANY INCORPORATED UNDER
     THE PROVISIONS OF THE COMPANIES ACT, 2013,
     HAVING ITS REGISTERED OFFICE AT
     1ST FLOOR, TOWER-C, BUILDING 10,
     CYBER CITY, DLF PHASE-II,
     GURUGRAM, HARYANA-122 002,
     REPRESENTED BY ITS
     AUTHORISED SIGNATORY
     MR. M. PRABHAKARAN.

                                          ...PETITIONERS

(BY SRI. PRABULING K. NAVADGI, SR. ADVOCATE FOR
    SRI. ABHINAY S.,
    SRI. GURURAJ MAMDY AND
    SRI. SANTOSH A., ADVOCATES)

AND:

1.   THE SUPERINTENDENT OF POLICE, RAICHUR,
     OFFICE OF THE SUPERINTENDENT OF POLICE,
     RAICHUR-HYDERABAD ROAD,
     MANCHALEPUR, RAICHUR-584 101.

2.   DEPUTY COMMISSIONER,
     DEPUTY COMMISSIONER'S OFFICE,
     YAKLASPUR ROAD, RAICHUR-584 101.

                                        ...RESPONDENTS

(BY SRI. MALLIKARJUN SAHUKAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO;
                             -3-
                                        NC: 2025:KHC-K:3842
                                    WP No. 201921 of 2025


HC-KAR




     A) ISSUE A WRIT, ORDER, OR DIRECTION, MORE IN THE
        NATURE OF WRIT OF MANDAMUS OR ANY OTHER
        APPROPRIATE    WRIT,  DIRECTION,   OR   ORDER
        DIRECTING THE RESPONDENTS TO CONSIDER THE
        REPRESENTATIONS DATED 07.07.2025 (ANNEXURE-L
        AND L1) ISSUED BY THE PETITIONER TO THE
        RESPONDENTS NO.1 AND 2;

     B) CONSEQUENTLY, ISSUE A WRIT, ORDER, OR
        DIRECTION, MORE IN THE NATURE OF WRIT OF
        MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
        DIRECTION,    OR   ORDER    DIRECTING     THE
        RESPONDENTS TO GIVE POLICE PROTECTION AND
        PROVIDE ROW CLEARANCE TO THE PETITIONERS AS
        PER THE REPRESENTATIONS DATED 07.07.2025 MADE
        AND AT SUCH OTHER LOCATIONS TO THE EXTENT OF
        THE PROJECT LAND AREAS UNTIL COMPLETION OF
        THE CONSTRUCTION OF THE 110KV TRANSMISSION
        LINE BY THE PETITIONERS (ANNEXURE-L AND L1)
        AND ETC.

    THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:   HON'BLE MR. JUSTICE M.I.ARUN


                       ORAL ORDER

(PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioners are said to have established a Solar Park in Javalagera village, Sindhanoor Taluk, Raichur District, Karnataka, for generation of electricity. They are also said to have entered into agreement for laying the required transmission lines over several agricultural lands -4- NC: 2025:KHC-K:3842 WP No. 201921 of 2025 HC-KAR with the owners of those lands. It is submitted that persons who have no right, title and interest over the lands concerned are disturbing and trying to damage the transmission lines sought to be laid on the lands. Hence, the petitioners made a request to the jurisdictional police to give the necessary protection. As there has been no response form the respondent authorities, the present writ petition is filed with the following prayers:

"a) Issue a writ, order, or direction, more in the nature of Writ of Mandamus or any other appropriate writ, direction, or order directing the Respondents to consider the representations dated 07.07.2025 (Annexure-l and L1) issued by the petitioner to the Respondents No.1 and 2; and
b) Consequently, issue a writ, order, or direction, more in the nature of Writ of Mandamus or any other appropriate writ, direction, or order directing the Respondents to give police protection and provide RoW Clearance to the Petitioners as per the Representations dated 07.07.2025 made and at such other locations to the extent of the project land areas until completion of the construction of the 110kv -5- NC: 2025:KHC-K:3842 WP No. 201921 of 2025 HC-KAR Transmission Line by the Petitioners (Annexure-L and L1).
c) To pass any other order or directions as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity."

2. Generation and transmission of electricity is an act done in the interest of development of the State. If the petitioners have entered into valid agreements for laying transmission lines and installing the necessary poles as per the terms agreed upon, the State is obliged to give necessary protection. However, the same shall be subject to the rights of the parties over the lands concerned as determined by the Courts.

3. Hence, the following:

ORDER i. Respondent No.1 is directed act on the representations made by the petitioners vide Annexures-L and L1 to the writ petition and -6- NC: 2025:KHC-K:3842 WP No. 201921 of 2025 HC-KAR accord adequate protection to the project of the petitioners.
ii. However, it is clarified that this order will not come in the way of any third party enforcing their rights against the petitioners in accordance with law.
iii. Writ petition stands disposed of accordingly.
Sd/-
(M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 23