Karnataka High Court
S Gangamma vs The State Of Karnataka on 23 April, 2019
Equivalent citations: AIRONLINE 2019 KAR 430
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL 2019
BEFORE
THE HON'BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NOs.46829-46830 OF 2017
C/W
WRIT PETITION NO.53047 OF 2017
WRIT PETITION NO.48519 OF 2017 (GM-RES)
WRIT PETITION NOS.46829-46830 OF 2017
1. S.GANGAMMA,
W/O LATE SIDDABASAVAIAH,
AGED ABOUT 74 YEARS,
NOT CLAIMED SENIOR CITIZENSHIP.
2. S.MOHAN KUMAR,
S/O LATE SIDDABASAVAIAH,
AGED ABOUT 54 YEARS,
BOTH ARE R/AT SIDDAGANGA ESTATE,
BALEANAHALLY GATE,
KALLEMBELLA HOBLI,
SIRA TQ.
TUMKUR DISTRICT - 572 125.
...PETITIONERS
(BY MR.B.RAMASWAMY IYENGAR, ADV.)
AND:
1. THE STATE OF KARNATAKA,
REPTD. BY ITS PRINCIPAL SECRETARY,
ENERGY DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 01.
2. THE ADDITIONAL CHIEF SECRETARY,
ENERGY DEPARTMENT,
2
VIKASA SOUDHA,
BANGALORE-01.
3. THE EXECUTIVE ENGINEER (ELE),
C, O & M DIVISION,
BESCOM, MADHUGIRI,
TUMKUR DISTRICT - 572132.
... RESPONDENTS
(BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 AND 2
MR.SRIKANTH PATIL, ADV. FOR R3)
---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE FINAL ORDER DTD.15.7.2017 VIDE REFERENCE
NOS.TERMINATING THE PPA AGREEMENET DTD.8.1.2016
ST
ENTERED BETWEEN 1 PETITIONER AND R3 VIDE ANNEX-P,
TERMINATION THE PPA AGREEMENT DTD.10.2.2016 ENTERED
BETWEEN 1ST PETITIONER AND R-3 AT ANNEX-P2 AND
TERMINATING THE PPA AGREEMENT DTD.10.2.2016 ENTERED
BETWEEN 2ND PETITIONER AND R-3 AT ANNEX-P3 ISSUED BY THE
R-3 VIDE ANNEX-P1, P2 AND P3 AND ETC.
WRIT PETITION NO.53047 OF 2017
BETWEEN:
SMT.LATHA VITTAL,
W/O B.V.VITTAL,
AGED ABOUT 48 YEARS,
R/AT 694, CHITRABANU ROAD,
E AND F BLOCK,
KUVEMPU NAGAR,
MYSORE - 560023.
...PETITIONER
(BY MR.B.RAMASWAMY IYENGAR, ADV.)
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AND:
1. THE STATE OF KARNATAKA,
REPTD.BY ITS PRINCIPAL SECRETARY,
ENERGY DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 01.
2. THE ADDITIONAL CHIEF SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BANGALORE - 01.
3. THE EXECUTIVE ENGINEER (ELE),
O & M DIVISION, B.R.HILLS DOUBLE ROAD,
CESCOM, CHAMARAJANAGAR - 571313,
CHAMARAJANAGAR DISTRICT.
... RESPONDENTS
(BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 AND 2,
MR.S.SRIRANGA, ADV. FOR R3)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
FINAL ORDERS ALL ARE DTD:22.6.2017 UNDER REFERENCE AT
ANNEXURE-M AND M1 ISSUED BY THE EXECUTIVE ENGINEER
(ELE) CESCOM, CHAMARAJANAGAR, CHAMARAJANAGARA
DISTRICT THE R-3 WHEREIN THE R-3 TERMINATED THE 2 PPA
AGREEMENTS, BOTH ARE DTD:19.3.2016 ENTERED BETWEEN THE
PETITIONER AND R-3 AND ETC.
WRIT PETITION NO.48519 OF 2017
BETWEEN:
SMT.ANJU KEJRIWAL,
W/O MR.VIVEK KEJRIWAL,
AGED ABOUT 43 YEARS,
R/AT PEBBAL BAY APARTMENTS,
TOWER-4, FLAT NO.221, 22ND FLOOR,
4
DOLLORS COLONY,
BANGALORE - 560094.
...PETITIONER
(BY MR.B.RAMASWAMY IYENGAR, ADV.)
AND:
1. THE STATE OF KARNATAKA,
REPTD.BY ITS PRINCIPAL SECRETARY,
ENERGY DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 01.
2. THE ADDITIONAL CHIEF SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BANGALORE - 01.
3. THE EXECUTIVE ENGINEER (ELE),
C, O & M DIVISION,
BESCOM, MADHUGIRI,
TUMKUR DISTRICT - 572132.
... RESPONDENTS
(BY MR.VIJAY KUMAR.A.PATIL, AGA FOR R1 AND 2,
MR.SRIKANTH PATIL, ADV. FOR R3)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
FINAL ORDERS ALL ARE DTD:15.7.2017 UNDER REFERENCE AT
ANNEXURE-M AND M1 TO M7 ISSUED BY THE EXECUTIVE
ENGINEER (ELE) BESCOM, MADHUGIRI, TUMKUR DISTRICT THE
R-3 WHEREIN THE R-3 TERMINATED THE 8 PPA AGREEMENTS,
ALL ARE DTD:9.3.2016 ENTERED BETWEEN THE PETITIONER AND
R-3 EXECUTIVE ENGINEER (ELE), BESCOM, MADHUGIRI, TUMKUR
DISTRICT AND ETC.
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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seek quashment of the impugned communications issued by the Executive Engineer by which the power purchase agreements executed in favour of the petitioners have been cancelled.
3. Facts giving rise to the filing of the petitions briefly stated are that the petitioners are agriculturists who had entered an agreement for supply of solar power in terms of the power purchase agreements which were executed between the parties. Each of the petitioners have entered into the agreements on 6 different dates. The said agreements were terminated by the respondents. The aforesaid termination was subject matter of challenge in W.P.No.51001/2016 and connected matters which were disposed of by a Bench of this Court by an order dated 16.03.2017 with a direction to the respondents to consider the explanation furnished by the petitioners and to take a decision in the matter in accordance with law. In compliance of the directions issued by this Court, by the impugned communications, the respondents have cancelled the power purchase agreements of the petitioners. The aforesaid communications is the subject matter of challenge in these petitions.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the petitioners have already completed the construction work in terms of the agreements.
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6. In view of the aforesaid submissions, the impugned communications are hereby quashed and the respondents are directed to take further action in the matter in accordance with law. The petitioners are also granted liberty to approach the Karnataka State Regulatory Commission with regard to their grievance raised in the petitions, if so advised.
With the aforesaid liberty, the petitions are disposed of.
Sd/-
JUDGE RV