Karnataka High Court
T Sharanappa vs State Of Karnataka on 16 March, 2017
Author: A.S.Bopanna
Bench: A S Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2017
BEFORE
THE HON'BLE MR. JUSTICE A S BOPANNA
W. P.No. 51001/2016 (GM-RES)
C/W
W.P.Nos. 51456/2016, 51457/2016, 51458/2016, 51459/2016,
51460/2016, 51495/2016, 51496/2016, 51497/2016,
52949-52952/2016, 53721-53726/2016, 53825-53830/2016,
53858-53859/2016, 53860-53863/2016, 53864-53875/2016,
54385/2016, 54386/2016, 54387/2016, 54388/2016,
55317-55318/2016, 55321-55322/2016, 55490/2016, 55567/2016,
55727/2016, 56479/2016, 56796-56800/2016, 56801-56803/2016,
56804-56808/2016, 56809/2016, 56961/2016, 56962/2016,
56978-56982/2016, 56987-56991/2016, 57401-57402/2016,
58099/2016, 58100/2016, 58101/2016, 61172-61173/2016,
61859/2016, 61929/2016, 61931/2016, 62111/2016, 62517/2016,
62519/2016, 62520/2016, 63891/2016, 65260/2016, 65461/2016,
65542-65543/2016, 65544-65545/2016, 65546-65547/2016,
65548-65551/2016, 65552/2016, 65895-65900/2016,
1059/2017 & 1060-1062/2017, 1064/2017 AND 9857/2017
(GM-RES)
W.P.No.51001 OF 2016
BETWEEN
T SHARANAPPA,
S/O THIPPE SWAMY,
AGED ABOUT 63 YEARS,
R/AT MOGALAHALLI VILLAGE,
KONDLAHALLI POST, MOLAKALMURU,
CHITRADURGA DISTRICT - 577 552.
... PETITIONER
(BY SRI. HARIKRISHNA S HOLLA, ADV.)
AND
1. STATE OF KARNATAKA,
DEPARTMENT OF ENERGY,
2
2ND FLOOR, VIKASA SOUDHA,
BANGALORE - 560 001
REP. BY ITS SECRETARY.
2. BANGALORE ELECTRICITY SUPPLY COMPANY,
C.O. & M DIVISION,
HIRIYUR, CHITRADURGA - 577 598
REP. BY EXECUTIVE ENGINEER.
3. BANGALORE ELECTRICITY SUPPLY COMPANY,
CORPORATE OFFICE, K.R.CIRCLE,
BANGALORE - 560 001.
REP. BY GENERAL MANAGER, DSM.
4. KARNATAKA ELECTRICITY REGULATORY
COMMISSION 6TH & 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO. 9/2, M.G.ROAD, BENGALURU - 560 001
REP BY ITS SECRETARY.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R1
SRI. S. SRIRANGA FOR R-2 AND R-3,
SRI. T. S. AMAR KUMAR FOR R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DTD:8.9.2016 ISSUED BY THE R-2
TERMINATING THE PPA AGREEMENT DTD:17.12.2015 ENTERED
INTO BETWEEN PETITIONER AND R-2 (ANNEXURE-L)
W.P.No. 51456 OF 2016
BETWEEN
SRI. HARISH M T
S/O M.S.THIPPESWAMY,
AGED ABOUT 43 YEARS,
R/AT SADHANA POULTRY FARM,
BHYARAPURA VILLAGE AND POST,
MOLAKALMURU TALUK
CHITRADURGA DISTRICT-577535
... PETITIONER
(BY SRI. HARIKRISHNA S HOLLA, ADV.)
3
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE - 560 001
REP. BY ITS SECRETARY.
2. BANGALORE ELECTRICITY SUPPLY COMPANY
C.O. & M DIVISION, HIRIYUR,
CHITRADURGA - 577 598
REP. BY EXECUTIVE ENGINEER
3. BANGALORE ELECTRICITY SUPPLY COMPANY
CORPORATE OFFICE, K.R.CIRCLE,
BANGALORE - 560 001.
REP. BY GENERAL MANAGER, DSM.
4. KARNATAKA ELECTRICITY REGULATORY
COMMISSION, 6TH & 7TH FLOOR, MAHALAXMI
CHAMBERS, NO. 9/2, M.G.ROAD,
BENGALURU - 560 001,
REP. BY ITS SECRETARY.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R1.
SRI. S. SRIRANGA, ADV. FOR R-2 & R-3.
SRI. T. S. AMAR KUMAR, ADV. FOR R-4)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DATED 08.09.2016 ISSUED BY R-2
TERMINATING THE PPA AGREEMENTS (3 NOS) DATED
17.12.2015 ENTERED INTO BETWEEN PETITIOENR AND R-2 AT
ANNEXURE-E AND ETC.
W.P. No. 51457 OF 2016
BETWEEN
SRI. B NAGARAJ,
S/O BASAVARAJAPPA,
AGED ABOUT 41 YEARS,
R/AT BUKKAMBUDI VILLAGE,
DEVAREDDY HALLI POST,
4
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577529
... PETITIONER
(BY SRI. HARIKRISHNA S HOLLA, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE - 560 001
REP. BY ITS SECRETARY.
2. BANGALORE ELECTRICITY SUPPLY COMPANY
C.O. & M DIVISION, HIRIYUR,
CHITRADURGA - 577 598
REP. BY EXECUTIVE ENGINEER
3. BANGALORE ELECTRICITY SUPPLY COMPANY
CORPORATE OFFICE, K.R.CIRCLE,
BANGALORE - 560 001.
REP. BY GENERAL MANAGER, DSM.
4. KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH & 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO. 9/2, M.G.ROAD,
BENGALURU - 560 001
REP. BY ITS SECRETARY. ... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1
SRI. S. SRIRANGA, ADV. FOR R-2 & R-3.
SRI. T. S. AMARKUMAR, ADV. FOR R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DATED 08.09.2016 ISSUED BY R-2
TERMINATING THE PPA AGREEMENT DATED 17.12.2015
ENTERED INTO BETWEEN PETITIONER AND R-2 (ANNX-L)
AND ETC.
5
W.P. No 51458 OF 2016
BETWEEN
SRI. N. BHEEMA REDDY,
S/O NAGA REDDY,
AGED ABOUT 55 YEARS,
R/AT KODIHALLI VILLAGE AND POST,
CHALLAKERE TALUK
CHITRADURGA DISTRICT-577 543
... PETITIONER
(BY SRI. HARIKRISHNA S HOLLA, ADV.)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE - 560 001
REP. BY ITS SECRETARY.
2. BANGALORE ELECTRICITY SUPPLY
COMPANY, C.O. & M DIVISION,
HIRIYUR, CHITRADURGA - 577 598
REP. BY EXECUTIVE ENGINEER.
3. BANGALORE ELECTRICITY SUPPLY COMPANY
CORPORATE OFFICE, K.R.CIRCLE,
BANGALORE - 560 001.
REP. BY GENERAL MANAGER, DSM.
4. KARNATAKA ELECTRICITY REGULATORY
COMMISSION 6TH & 7TH FLOOR, MAHALAXMI
CHAMBERS, NO. 9/2, M.G.ROAD,
BENGALURU - 560 001
REP. BY ITS SECRETARY. ... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. S. SRIRANGA, ADVOCATE FOR R-2 & R-3.
SRI. T. S. AMARKUMAR, ADV. FOR R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DTD.8.9.2016 ISSUED BY THE R-2
TERMINATING THE PPA AGREEMENT DTD.17.12.2015 ENTERED
6
INTO BETWEEN PETITIONER AND R-2 VIDE ANNEXURE-L AND
ETC.
W.P.No. 51459 OF 2016
BETWEEN
SRI. S. RAVIKUMAR
S/O T. SHARANAPPA
AGED ABOUT 41 YEARS,
R/AT MOGALAHALLI VILLAGE,
KONDLAHALLI POST,
MOLAKALMURU TALUK
CHITRADURGA DISTRICT-577529
... PETITIONER
(BY SRI. HARIKRISHNA S. HOLLA, ADVOCATE.)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE - 560 001
REP. BY ITS SECRETARY.
2. BANGALORE ELECTRICITY SUPPLY COMPANY
C.O. & M DIVISION, HIRIYUR,
CHITRADURGA - 577 598
REP. BY EXECUTIVE ENGINEER
3. BANGALORE ELECTRICITY SUPPLY COMPANY
CORPORATE OFFICE, K.R.CIRCLE,
BANGALORE - 560 001.
REP. BY GENERAL MANAGER, DSM.
4. KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH & 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO. 9/2, M.G.ROAD,
BENGALURU - 560 001
REP. BY ITS SECRETARY. ... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. S. SRIRANGA, ADV. FOR R-2 & R-3.
SRI. T. S. AMARKUMAR, ADV. FOR R-4.)
7
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DATED 08.09.2016 ISSUED BY R-2
TERMINATING THE PPA AGREEMENT DATED 17.12.2015
ENTERED INTO BETWEEN PETITIONER AND R-2
(ANNEXURE-L) AND ETC.
W.P.No. 51460 OF 2016
BETWEEN
SRI. NAGARAJA T.,
S/O K.R.THIPPERUDHRAPPA,
AGED ABOUT 49 YEARS,
R/AT RAMYASHREE POULTRY FARM,
KONDLAHALLI VILLAGE AND POST,
MOLAKALMURU TALUK
CHITRADURGA DISTRICT-577529 ... PETITIONER
(BY SRI. HARIKRISHNA S HOLLA, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE - 560 001
REP. BY ITS SECRETARY.
2. BANGALORE ELECTRICITY SUPPLY
COMPANY, C.O. & M DIVISION,
HIRIYUR, CHITRADURGA - 577 598
REP. BY EXECUTIVE ENGINEER
3. BANGALORE ELECTRICITY SUPPLY
COMPANY, CORPORATE OFFICE,
K.R.CIRCLE, BANGALORE - 560 001.
REP. BY GENERAL MANAGER, DSM.
4. KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH & 7TH FLOOR, MAHALAXMI
CHAMBERS, NO. 9/2, M.G.ROAD,
8
BENGALURU - 560 001.
REP. BY ITS SECRETARY.. .. RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. S. SRIRANGA, ADV. FOR R-2 & R-3.
SRI. T. S. AMAR KUMAR, ADV. FOR R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DATED 08.09.2016 ISSUED BY R-2
TERMINATING THE PPA AGREEMENT DATED 17.12.2015 (3 NOS.)
ENTERED INTO BETWEEN PETITIONER AND R-2 (ANNEXURE-
K) AND ETC.
W.P.No. 51495 OF 2016
BETWEEN
SMT. THIPPERAMMA,
W/O B.H.THIPPESWAMY,
AGED ABOUT 52 YEARS,
R/AT KODIHALLI VILLAGE
AND POST, CHALLAKER TALUK,
CHITRADURGA DISTRICT-577543
... PETITIONER
(BY SRI. HARIKRISHNA S HOLLA, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE - 560 001
REP. BY ITS SECRETARY.
2. BANGALORE ELECTRICITY SUPPLY
COMPANY, C.O. & M DIVISION,
HIRIYUR, CHITRADURGA - 577 598
REP. BY EXECUTIVE ENGINEER
3. BANGALORE ELECTRICITY SUPPLY
COMPANY, CORPORATE OFFICE,
K.R.CIRCLE, BANGALORE - 560 001.
REP. BY GENERAL MANAGER, DSM.
9
4. KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH & 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO. 9/2, M.G.ROAD,
BENGALURU - 560 001
REP. BY ITS SECRETARY.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. S. SRIRANGA, ADV. FOR R-2 & R-3.
SRI. T. S. AMAR KUMAR, ADV. FOR R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DATED 20.08.2016 ISSUED BY R-2
TERMINATING THE PPA AGREEMENT DATED 17.12.2015
ENTERED INTO BETWEEN PETITIONER AND R-2 (ANN-J) AND
ETC.
W.P.No. 51496 OF 2016
BETWEEN
SRI. T. REVANNA,
S/O THALAKERPPA,
AGED ABOUT 56 YEARS,
R/AT KONDLAHALLI VILLAGE
AND POST, MALAKALMUR TALUK
CHITRADURGA DISTRICT-577529
... PETITIONER
(BY SRI. HARIKRISHNA S HOLLA, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE - 560 001
REP. BY ITS SECRETARY.
2. BANGALORE ELECTRICITY SUPPLY
COMPANY, C.O. & M DIVISION, HIRIYUR,
CHITRADURGA - 577 598
REP. BY EXECUTIVE ENGINEER
10
3. BANGALORE ELECTRICITY SUPPLY
COMPANY, CORPORATE OFFICE,
K.R.CIRCLE, BANGALORE - 560 001.
REP. BY GENERAL MANAGER, DSM.
4. KARNATAKA ELECTRICITY REGULATORY
COMMISSION, 6TH & 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO. 9/2, M.G.ROAD,
BENGALURU - 560 001
REP. BY ITS SECRETARY. ... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. S. SRIRANGA, ADVOCATE FOR R-2 & R-3.
SRI. T. S. AMAR KUMAR, ADV. FOR R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DTD 8.9.2016 ISSUED BY THE R-2
TERMINATING THE PPA AGREEMENT DTD 17.12.2015 ENTERED
INTO BETWEEN PETITIONER AND R-2 (ANNEXURE-L) AND
ETC.
W.P.No. 51497 OF 2016
BETWEEN
SMT. A. JAYAMMA,
W/O PRAKASHMURTHY,
AGED ABOUT 41 YEARS,
R/AT MOGALAHALLI VILLAGE,
KONDLAHALLI POST,
MOLAKALMURU TALUK
CHITRADURGA DISTRICT-577529
... PETITIONER
(BY SRI. HARIKRISHNA S HOLLA, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE - 560 001
REP. BY ITS SECRETARY.
11
2. BANGALORE ELECTRICITY SUPPLY
COMPANY, C.O. & M DIVISION,
HIRIYUR, CHITRADURGA - 577 598
REP. BY EXECUTIVE ENGINEER.
3. BANGALORE ELECTRICITY SUPPLY
COMPANY, CORPORATE OFFICE,
K.R.CIRCLE, BANGALORE - 560 001.
REP. BY GENERAL MANAGER, DSM..
4. KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH & 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO. 9/2, M.G.ROAD,
BENGALURU - 560 001
REP. BY ITS SECRETARY. ... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. S. SRIRANGA, ADV. FOR R-2 & R-3.
SRI. T. S. AMARKUMAR, ADV. FOR R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DATED 08.09.2016 ISSUED BY R-2
TERMINATING THE PPA AGREEMENT DATED 17.12.2015
ENTERED INTO BETWEEN PETITIONER AND R-2 (ANNEXURE-
L) AND ETC.
W.P.Nos. 52949-52952 OF 2016
BETWEEN
1. MR. B. S. RAGHUNATH,
S/O B. MOODALAIAH,
AGED ABOUT 75 YEARS,
R/AT HARIYABBE VILLAGE,
DHARMAPURA HOBLI, HIRIYUR
TALUK, CHITRADURGA DISTRICT.
2. MR. R. SHIVAKUMAR,
S/O MR. B. S. RAGHUNATH,
AGED ABOUT 46 YEARS,
R/AT HARIYABBE VILLAGE,
12
DHARMAPURA HOBLI, HIRIYUR TALUK,
CHITRADURGA DISTRICT.
3. MR. R. VASANTHKUMAR,
S/O MR. B. S. RAGHUNATH,
AGED ABOUT 52 YEARS,
R/AT HARIYABBE VILLAGE,
DHARMAPURA HOBLI, HIRIYUR TALUK,
CHITRADURGA DISTRICT.
4. MR. DAYANANDA R.,
S/O MR. B. S. RAGHUNATH,
AGED ABOUT 49 YEARS,
R/AT HARIYABBE VILLAGE,
DHARMAPURA HOBLI, HIRIYUR TALUK,
CHITRADURGA DISTRICT.
... PETITIONERS
(BY SRI. ASHOK B. PATIL, ADVOCATE)
AND
1. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. ADDITIONAL CHIEF SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
3. THE EXECUTIVE ENGINEER,
C, O & M DIVISION, BESCOM,
CHALLAKERE ROAD, HIRIYUR DIVISION,
CHITRADURGA DISTRICT - 577 522.
4. THE ASSISTANT EXECUTIVE ENGINEER,
C, O & M SUB DIVISION, BESCOM,
HIRIYUR TALUK, CHITRADURGA
DISTRICT - 577 522.
5. MANAGING DIRECTOR,
BESCOM, CORPORATE OFFICE,
BESCOM, K. R. CIRCLE,
BENGALURU - 560 001.
13
6. THE GENERAL MANAGER,
DSM, CORPORATE OFFICE,
NO.001 GROUND FLOOR, BLOCK -2,
BESCOM, K. R. CIRCLE,
BENGALURU - 560 001.
7. THE KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH & 7TH FLOOR, MAHALAXMI
CHAMBERS, NO. 9/2, M. G. ROAD,
BENGALURU - 560 001. ... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2.
SRI. SRIRANGA, ADV. FOR R-3 & R-4.
SRI. T. S. AMAR KUMAR, ADV. FOR R-7.
R-5 & R-6 ARE SERVED.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-3 DTD 03.09.2016
(ANNEXURE-P) IN RESPECT OF THE POWER PURCHASE
AGREEMENT OF P-1.
W.P.Nos. 53721-53726 OF 2016
BETWEEN
1. SRI. K.L. KRISHNA REDDY
S/O K M LAKSHAMANA REDDY
A/A 57 YEARS,
R/A VENKATESHAPALLY
CHELUR HOLBI
BAGEPALLY TALUK-563 124
CHIKKABALLAPURA DISTRICT
2. SRI K L VENUGOPAL REDDY
S/O K M LAKSHAMANA REDDY
A/A 50 YEARS
R/A VENKATESHAPALLY
CHELUR HOLBI
BAGEPALLY TALUK-563 124
CHIKKABALLAPURA DISTRICT
3. SRI K SIDDA REDDY
S/O KRISHNA REDDY
A/A 40 YEARS
14
R/A VENKATESHAPALLY
CHELUR HOLBI
BAGEPALLY TALUK-563 124
CHIKKABALLAPURA DISTRICT
4. SRI R V VENKATA RAVANA REDDY
S/O RAJU VENKATARAYAPPA
A/A 80 YEARS
R/A KODIKONDA (VILLAGE)
BAGEPALLY TALUK-563 124
CHIKKABALLAPURA DISTRICT
5. SRI P. V. VENKATA REDDY
S/O VENKATA RAMANA REDDY
A/A 61 YEARS
R/A PAPIREDDYPALLY
BAGEPALLY TALUK-563 124
CHIKKABALLAPURA DISTRICT
6. SRI K V BHASKAR REDDY
S/O VENKATA RAMANA REDDY
A/A 48 YEARS
R/A MADDIREDDIPALLY
BAGEPALLY TALUK-563 124
CHIKKABALLAPURA DISTRICT ... PETITIONERS
(BY SMT. APARNA L. V., ADVOCATE)
AND
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BANGALORE-560 001
2. ADDITIONAL CHIEF SECRETARY
ENERGY DEPARTMENT
VIKASA SOUDHA
DR B R AMBEDKAR STREET
BANGALORE-560 001
3. BANGALORE ELECTRICITY
REGULATORY COMMISSION
6TH AND 7TH FLOOR
MAHALAKSHMI CHAMBERS
15
NO.9/2, M G ROAD
BANGALORE-560 001
4. MANAGING DIRECTOR
BESCOM CORPORATE OFFICE
BESCOM, K R CIRCLE,
BANGALORE-560 001.
5. THE EXECUTIVE ENGINEER
O & M DIVISION, BESCOM,
CHIKKABALLAPURA. - 563 124. ... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2.
SRI. T. S. AMAR KUMAR, ADV. FOR R-3.
SRI. S. SRIRANGA, ADV. FOR R-4 & R-5.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO SET
ASIDE THE OFFICIAL NOTIFICATION DTD:8.7.2016 ISSUED BY
THE R-4 VIDE ANNEXURE-H TO THE W.P AND ETC.
W.P. Nos. 53825-53830 OF 2016
BETWEEN
1. MR. G. CHINNAPPA REDDY
S/O. MR. GUDDA REDDY,
AGED ABOUT 67 YEARS,
GUNDAGALLU VILLAGE,
KODIGENAHALLI HOBLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT
2. MR. JANARDHANA REDDY
S/O.MR. G C CHINNAPPA REDDY,
AGED ABOUT 40 YEARS,
GUNDAGALLU VILLAGE,
KODIGENAHALLI HOBLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT.
... PETITIONERS
(BY SRI. ASHOK B PATIL, ADVOCATE)
16
AND
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU 560001
2. ADDITIONAL CHIEF SECRETARY
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BENGALURU 560001
3. THE EXECUTIVE ENGINEER
C, O & M DIVISION,
BESCOM, MADHUGIRI,
TUMKUR DISTRICT 572132
4. THE ASSITANT EXECUTIVE ENGINEER
C, O & M DIVISION, BESCOM,
KODIGENAHALLI,
TUMKUR DISTRICT 572127
5. MANAGING DIRECTOR
BESCOM, CORPORATE OFFICE,
BESCOM, K.R. CIRCLE,
BENGALURU 560001
6. THE GENERAL MANAGER (ELE)
DSM, CORPORATE OFFICE,
BESCOM, K.R. CIRCLE,
BENGALURU 560001
7. THE KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH AND 7TH FLOOR,
MAHALAXMI CHAMBERS, NO. 9/2,
M.G. ROAD, BENGALURU 560001.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2.
SRI. P. PRASANNA KUMAR, ADV. FOR R-4 TO R-6.
SRI. T. S. AMAR KUMAR, ADV. FOR R-7.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY R-3 DATED 31.08.2016
17
AT ANNEXURES-H & H1 IN RESPECT OF THE POWER PURCHASE
AGREEMENTS ENTERED INTO BETWEEN THE BESCOM AND
PETITIONER NO.1 AND ETC.
W.P.Nos. 53858-53859 OF 2016
BETWEEN
1. MR. SHARANAYYA,
S/O MR. SHARNAYYASWAMI,
AGED ABOUT 42 YEARS,
2. MR. RUDRAMUNI SWAMY,
S/O MR. SHARANAYYASWAMI,
AGED ABOUT 33 YEARS,
BOTH ARE R/AT KALAMANGI VILLAGE,
TURVIHALA HOBLI, SINDHANOOR TALUK,
RAICHUR DISTRICT.
... PETITIONERS
(BY SRI. ASHOK B. PATIL, ADVOCATE)
AND
1. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. ADDITIONAL CHIEF SECRETARY
ENERGY DEPARTMENT,VIKASA SOUDHA,
BENGALURU - 560 001.
3. THE CHIEF ENGINEER (ELECTRICITY)
CORPORATE PLANNING,
GESCOM, KALABURGI - 585 101.
4. THE EXECUTIVE ENGINEER,
O & M SUB DIVISION,
GESCOM, KALABURAGI - 585 101.
5. THE ASSISTANT EXECUTIVE ENGINEER
O & M SUB DIVISION, GESCOM,
KALABURAGI - 585 101.
18
6. THE MANAGING DIRECTOR,
GESCOM, CORPORATE OFFICE,
STATION MAIN ROAD,
GULBARGA - 585 102.
7. THE KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH AND 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO. 9/2, M.G.ROAD,
BENGALURU - 560 001.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2.
SRI. RAVINDRA REDDY, ADV. FOR R-3, R-4 & R-6.
R-5 IS SERVED.
SRI. T. S. AMAR KUMAR FOR R-7.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDAM PASSED BY R-3 DATED 27.07.2016
AT ANNEXURE-E IN RESPECT OF THE POWER PURCHASE
AGREEMENT OF PETITIONER NO.1 AND ETC.
W.P. Nos. 53860-53863 OF 2016
BETWEEN
1. MR. SHARANAYYA,
S/O MR.SHARANAYYASWAMI,
AGED ABOUT 44 YEARS,
2. SMT. MANJULA,
W/O MR.SHARANAYYA,
AGED ABOUT 34 YEARS,
3. SMT. SHARANAMMA,
W/O SRI RUDRAMUNI SWAMY,
AGED ABOUT 42 YEARS,
4. SMT. SUMITHRA,
W/O SRI SHIVANAND,
AGED ABOUT 37 YEARS
19
ALL ARE RESIDING AT:
KALAMANGI VILLAGE,
TURVIHALA HOBLI,
SINDHANOOR TALUK
RAICHUR DISTRICT ... PETITIONERS
(BY SRI. ASHOK B PATIL, ADVOCATE)
AND
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA,
BENGALURU-560 001
2. ADDITIONAL CHIEF SECRETARY
ENERGY DEPARTMENT,
VIKASASOUDHA
BENGALURU-560 001
3. THE EXECUTIVE ENGINEER
O & M SUB DIVISION,
GESCOM, SINDHANOOR
RAICHUR DISTRICT
4. THE ASSISTANT EXECUTIVE
ENGINEER, O & M SUB DIVISION,
GESCOM SINDHANOOR,
RAICHUR DISTRICT ... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2.
SRI. P. PRASANNA KUMAR, ADV. FOR R-3 & R-4.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDAM PASSED BY R-3 DATED 24.08.2016
AT ANNEXURE-E IN RESPECT OF THE POWER PURCHASE
AGREEMENT OF PETITIONER NO.1 AND ETC.
W.P. Nos. 53864-53875 OF 2016
BETWEEN
1. MR. K. RAMESH
S/O. MR. KOTESHWARA RAO,
AGED ABOUT 45 YEARS,
20
R/AT SURVEY NO. 43,
MALDINNI VILLAGE,
SINDHANUR TALUK,
RAICHUR DISTRICT
2. MR. J V SANATH KUMAR
S/O. MR. KOTESHWARA RAO,
AGED ABOUT 58 YEARS,
R/AT SURVEY NO. 26/1,
MALDINNI VILLAGE,
SINDHANUR TALUK,
RAICHUR DISTRICT
3. MRS. JANSI LAKSHMI
W/O. K. RAMESH,
AGED ABOUT 41 YEARS,
R/AT SURVEY NO. 43/3,
MALDINNI VILLAGE,
SINDHANUR TALUK,
RAICHUR DISTRICT
4. MR. U RAMBABU
S/O. MR. NARASIMHAMURTHY,
AGED ABOUT 45 YEARS,
R/AT SURVEY NO. 50,
DHADESUGUR,
SINDHANUR TALUK,
RAICHUR DISTRICT
5. MRS. THRINANDAKUMARI
W/O. MR. RAMBABU,
AGED ABOUT 62 YEARS,
R/AT SURVEY NO. 50,
DHADESUGUR,
SINDHANUR TALUK,
RAICHUR DISTRICT
... PETITIONERS
(BY SRI. ASHOK B. PATIL, ADVOCATE)
AND
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU 560001
21
2. ADDITIONAL CHIEF SECRETARY
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BENGALURU 560001
3. THE EXECUTIVE ENGINEER (E)
O & M DIVISION,
GESCOM,
SINDHANUR TALUK,
KALABURAGI DISTRICT - 585 101
4. THE ASSISTANT EXECUTIVE ENGINEER (ELECT).,
O & M SUB DIVISION, GESCOM,
SINDHANUR TALUK,
KALABURAGI DISTRICT
5. THE SECTION OFFICER
O & M SECTION, GESCOM,
SINDHANUR TALUK,
KALABURAGI DISTRICT
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2.
SRI. RAVINDRA REDDY, ADV. FOR R-3 TO R-5.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-3 DTD.24.8.2016
VIDE ANNEXURES-E, E1 TO E3 IN RESPECT OF THE POWER
PURCHASE AGREEMENTS ENTERERED INTO BETWEEN THE
GESCOM AND PETITIONER NO.1 AND ETC.
W.P.No. 54385 OF 2016
BETWEEN
SMT. SHANTHAMMA,
W/O R. MUNEGOWDA,
AGED ABOUT 55 YEARS,
R/AT C.K.VILLAGE,
OWNER OF KRS POULTRY FARM,
KASABA HOBLI, KOLAR TALUK,
KOLAR DISTRICT - 563 101.
... PETITIONER
(BY SRI. D. N. NANJUNDA REDDY, SR. ADV. A/W
SRI. SRIHARI A. V., ADV. )
22
AND
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE SECRETARY,
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO. 9/2, MG ROAD,
BANGALORE - 560 001.
3. BANGALORE ELECTRICITY
SUPPLY COMPANY LTD.,
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE,
K.R.CIRCLE, BANGALORE - 560 001.
4. THE EXECUTIVE ENGINEER,
COMMERCE AND DEVELOPMENT
DEPARTMENT, CO & M DIVISION,
BESCOM, CHAMPION REEFS,
KGF, KOLAR. - 563 101. ... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. P. PRASANNA KUMAR, ADV. FOR R-3 & R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
ENTIRE RECORDS AND TO QUASH THE OFFICIAL
MEMORANDUM DTD. 30.08.2016 VIDE ANNEXURE-P ISSUED BY
THE R-4 AND CONSEQUENTLY TO DIRECT THE RESPONDENT
AUTHORITIES TAKING INTO CONSIDERATION ALL THE FACTS
AND CIRCUMSTANCES AND PREPARATION MADE BY THE
PETITIONER IN INSTALLATION OF SOLAR ROOF TOP PROJECT,
TO EXECUTE AND CONCLUDE AS PER THE PPA AGREEMENT
DTD 14.03.2016 BY GRANTING NECESSARY ORDER FOR
SYNCHRONISING COMMISSIONING THE SRTPV PLANT AT
HUDUKULA VILLAGE.
23
W.P.No. 54386 OF 2016
BETWEEN
SRI. M.SUDHAMA,
S/O SRI MANJUNATHA ACHAR,
AGED ABOUT 30 YEARS,
R/AT SHABARMATHI ASHRAMA SCHOOL,
SUGUTTUR VILLAGE, KOLAR TALUK,
KOLAR DISTRICT-563010.
... PETITIONER
(BY SRI. D. N. NANJUNDA REDDY, SENIOR COUNSEL A/W
SRI. M. SHIVAPRAKASH, ADVOCATE.)
AND
1. THE CHIEF SECRETARY,
STATE OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE-560001
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF ENERGY,
VIKASA SOUDHA, BANGALORE-560001
3. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, MG ROAD, BANGALORE-560001
4. BANGALORE ELECTRICITY
SUPPLY COMPANY LTD.,
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE, K.R.CIRCLE,
BANGALORE-560001
5. THE EXECUTIVE ENGINEER
COMMERCE AND DEVELOPMENT
DEPARTMENT, BESCOM,
KOLAR-5630101 ... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2
SRI. P. PRASANNA KUMAR, ADV. FOR R-4 & R-5.
SRI. T. S. AMARKUMAR FOR R-3.)
24
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
THE ENTIRE RECORDS IN RESPECT OF ACCORDING
PERMISSION FOR INSTALLATION OF SRTPV IN FAVOUR OF
PETITIONER AND ETC.
W.P.No. 54387 OF 2016
BETWEEN
SRI. A. M. SURESH RAJ,
S/O SRI. MUNIVENKATAPPA,
AGED ABOUT 50 YEARS,
R/AT SRS ESTATE, POULTRY FARM,
SHETTIMADAMANGALA VILLAGE,
SUGATUR HOBLI, KOLAR TALUK - 563 101.
... PETITIONER
(BY SRI. M. SHIVAPRAKASH, ADVOCATE)
AND
1. THE CHIEF SECRETARY,
STATE OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY
ENERGY DEPARTMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE - 560 001.
3. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO. 9/2, MG ROAD,
BANGALORE - 560 001.
4. BANGALORE ELECTRICITY
SUPPLY COMPANY LTD.,
BY ITS MANAGING DIRECTOR,
25
CORPORATE OFFICE,
K.R.CIRCLE, BANGALORE - 560 001.
5. THE EXECUTIVE ENGINEER
COMMERCE AND DEVELOPMENT DEPARTMENT,
CO & M DIVISION, BESCOM,
CHAMPION REEFS, KGF
KOLAR - 563 101.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2,
SRI. P. PRASANNA KUMAR, ADVOCATE FOR R-4 & R-5,
SRI. T. S. AMAR KUMAR FOR R-3.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
THE ENTIRE RECORDS FROM THE OFFICE OF R-5 IN RESPECT
OF OFFICIAL MEMORANDUM DTD 2.9.2016 AND ETC.
W.P. No. 54388 OF 2016
BETWEEN
SMT. NAGARATHNAMMA N,
W/O. LATE. SOMASHEKAR,
AGED ABOUT 50 YEARS,
R/AT M. GOLLAHALLI,
NAGIREDDYHALLI VILLAGE,
BYRAKURU HOBLI, MULBAGAL TALUK,
KOLAR DISTRICT.ALSO AT NO: 376,
NEAR KAMAKSHI TEMPLE,
MUTHYALAPET, MULBAGAL,
KOLAR DISTRICT - 563 101
... PETITIONER
(BY SRI. M. SHIVAPRAKASH, ADVOCATE.)
AND
1. THE CHIEF SECRETARY,
STATE OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE - 560 001
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF ENERGY,
26
VIKASA SOUDHA,
BANGALORE - 560 001
3. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO. 9/2, M.G. ROAD,
BANGALORE - 560 001.
4. BANGALORE ELECTRICITY
SUPPLY COMPANY LTD
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE,
K.R. CIRCLE, BANGALORE - 560 001.
5. THE EXECUTIVE ENGINEER,
COMMERCE AND DEVELOPMENT
DEPARTMENT, CO & M DIVISION,
BESCOM, CHAMPION REEFS,
KGF, KOLAR - 563101.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R1 & R2,
SRI. T. S. AMAR KUMAR FOR R-3,
SRI. P. PRASANNA KUMAR, AGA FOR R-4 & 5.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
ENTIRE RECORDS IN RESPECT OF COMMUNICATION
DTD.29.8.2016 AND TO QUASH THE IMPUGNED
COMMUNICATION DTD 29.08.2016 VIDE ANNEXURE-L ISSUED
BY THE R-3 AND CONSEQUENTLY TO DIRECT THE
RESPONDENT AUTHORITIES TAKING INTO CONSIDERATION
ALL THE FACTS AND CIRCUMSTANCES AND PREPARATION
MADE BY THE PETITIONER IN INSTALLATION OF SOLAR ROOF
TOP PROJECT, TO EXECUTE AND CONCLUDE AS PER THE PPA
AGREEMENT DTD 5.2.2016 VIDE ANNEXURE-D BY GRANTING
NECESSARY ORDER FOR SYNCHRONISING COMMISSIONING
THE SRTPV PLANT AT NAGIREDDIHALLI VILLAGE, MULBAGAL
TALUK.
27
W.P.Nos. 55317-55318 OF 2016
BETWEEN
SHRI PRAVEEN V DODDANAVAR
AGED ABOUT 49 YEARS,
S/O VRISHBHANATH DODDANAVAR,
SY. NO.39/6, KUTTAWADI VILALGE,
TQ & DIST. BELAGAVI - 590 001.
... PETITIONER
(BY SRI. PRAMOD NAIR, ADVOCATE)
AND
1. HUBLI ELECTRICITY SUPPLY COMPANY
LIMITED(HESCOM) NAVANAGAWR,
P.B. ROAD, HUBBALLI, HUBLI - 580 025
REPRESEBTED BY ITS EXECUTIVE ENGINEER
2. STATE OF KARNATAKA,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BANGALORE-560 001
REP. BY ITS SECRETARY.
... RESPONDENTS
(BY SRI. S. SRIRANGA, ADV. FOR R1.
SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-2.)
THESE PETITIONS ARE FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ORDER DATED 20.07.2016 ISSUED BY THE R-1 AT
ANNEXURE-A TERMINATING THE PPA AND ETC.
W.P.Nos. 55321-55322 OF 2016
BETWEEN
SHRI PRAVEEN V DODDANAVAR
AGED ABOUT 49 YEARS,
S/O VRISHABHANATH DODDANAVAR
SY NO.39, KUTTAWADI VILLAGE,
TQ & DIST BELAGAVI-590 001
... PETITIONER
(BY SRI. PRAMOD NAIR, ADVOCATE)
28
AND
1. HUBLI ELECTRICITY SUPPLY COMPANY
LIMITED(HESCOM), NAVANAGAR
P.B.ROAD, HUBBALLI, HUBLI-580025.
REP. BY ITS EXECUTIVE ENGINEER.
2. STATE OF KARNATAKA
ENERGY DEPARTMENT,
VIKASA SOUDHA
BANGALORE-560 001
REP. BY ITS SECRETARY
... RESPONDENTS
(BY SRI. S. SRIRANGA, ADV. FOR R-1.
SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-2.)
THESE PETITIONS ARE FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ORDER DATED 20.07.2016 ISSUED BY THE R-1 AT
ANNEXURE-A TERMINATING THE PPA AND ETC.
W.P. No. 55490 OF 2016
BETWEEN
MR. RATNAKAR V. NAYAK
S/O. LATE VENKATRAMAN NAYAK,
AGED AB0UT 55 YEARS,
RESIDING AT NO.28, MIG-II,
KHB COLONY, PANCHAMUKI NAGAR,
ANTHARASANAHALLI,
TUMKUR-572 106.
... PETITIONER
(BY SRI. DINESH GAONKAR, ADVOCATE )
AND
1. M/S BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED (BESCOM) THE
GOVERNMENT OF KARNATAKA UNDERTAKING
FORMED & INCORPORATED UNDER IN INDIA THE
COMPANIES ACT, 1956, HAVING ITS REGISTERED
OFFICE AT K.R. CIRCLE, BANGALORE-560 001,
REP. BY ITS MANAGING DIRECTOR.
29
2. THE ASSISSTANT EXECUTIVE ENGINEER
(ELECTRICAL) C.O. & M DIVISION, BESCOM,
TUMKUR, OFFICE AT: NEAR SARVODAYA
PU COLLEGE, HORAPETE, TUMAKUR-572 101.
3. THE EXECUTIVE ENGINNER (ELECTRICAL)
C.O. & M DIVISION, BESCOM, TUMKUR,
OFFICE AT: NEAR DR. SHIVKUMAR CIRCLE,
KOTHITHOPU, TUMAKUR-572 101.
4. THE CHIEF GENERAL MANAGER
(OPERATIONS) BESCOM CORPORATE
OFFICE, K.R. CIRCLE, BANGALORE-560 001.
5. THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, STATE OF KARNATAKA,
DEPARTMENT OF ENERGY, VIKASA
SOUDHA, DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
... RESPONDENTS
(BY SRI.P. PRASANNA KUMAR, ADV. FOR R-1.
SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-5.
R-2 & R-4 ARE SERVED.)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE
IMPUGNED ENDORSEMENT DATED 17.10.2016 T ANNEXURE-M
AS ILLEGAL, ARBITRARY AND WITHOUT THE AUTHORITY OF
LAW AND CONSEQUENTLY AND ETC.
W.P. No. 55567 OF 2016
BETWEEN
SRI SAJJAD KHAN,
S/O HAMEED KHAN,
AGED ABOUT 45 YEARS,
R/AT YACHANAHALLI VILLAGE,
SRINIVASPURA TALUK
KOLAR DISTRICT - 563 135.
... PETITIONER
(BY SRI. M SHIVAPRAKASH, ADVOCATE)
30
AND
1. THE CHIEF SECRETARY
STATE OF KARNATAKA
VIDHANA SOUDHA,
BANGALORE.- 560 001.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF ENERGY,
VIKASA SOUDHA,
BANGALORE - 560 001.
3. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, MG ROAD,
BANGALORE - 560 001.
4. BANGALORE ELECTIRICITY
SUPPLY COMPANY LTD.,
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE,
K.R.CIRCLE, BANGALORE - 560 001.
5. THE EXECUTIVE ENGINEER,
COMMERCE AND DEVELOPMENT
DEPARTMENT, BESCOM,
KOLAR - 563 101..
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2.
SRI. T. S. AMARCKUMAR, ADV. FOR R-3.
SRI. S. SRIRANGA, ADV. FOR R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
THE ENTIRE RECORDS IN RESPECT OF ACCORDING
PERMISSION FOR INSTALLATION OF SRTPV IN FAVOUR OF
PETITIONER AND ETC.
31
W.P.No. 55727 OF 2016
BETWEEN
SHRI K.A. BADRI NARAYANA,
S/O ANANTHAPADMANABHAIAH,
AGED ABOUT 44 YEARS,
R/AT THIPPADODDI VILLAGE,
BYRAKUR HOBLI,
MULBAGAL TALUK,
KOLAR DISTRICT-563 132
... PETITIONER
(BY SRI. SRIHARI A. V., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
ENERGY DEPARTMENT
VIKASA SOUDHA, AMBEDKAR VEEDHI,
BANGALORE-560 001
2. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2,MG ROAD, BANGALORE-560 001.
3. BANGALORE ELECTRICITY
SUPPLY COMPANY LTD.,
BY ITS MANAGING DIRECTOR
CORPORATE OFFICE,
K.R.CIRCLE, BANGALORE-560 001
4. THE EXECUTIVE ENGINEER,
COMMERCE AND DEVELOPMENT
DEPARTMENT, CO & M DIVISION,
BESCOM, CHAMPION REEFS, KGF,
KOLAR - 563 122.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. T. S. AMARKUMAR, ADV. FOR R-2.
SRI. S. SRIRANGA, ADV. FOR R-3.
R-4 IS SERVED.)
32
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
RECORDS AND TO QUASH THE OFFICIAL MEMORANDUM DTD
23.07.2016 AT ANNEXURE-H ISSUED BY THE R-4 AND
CONSEQUENTLY TO DIRECT THE RESPONDENT AUTHORITIES
TAKING INTO CONSIDERATION ALL THE FACTS AND
CIRCUMSTANCES AND INSTALLATION OF SOLAR ROOF TOP
SYSTEM MADE BY THE PETITIONER IN HIS PREMISES, TO
EXECUTE AND CONCLUDE AS PER THE POWER PURCHASE
AGREEMENT DTD 30.10.2015 BY GRANTING NECESSARY ORDER
FOR SYNCHRONISING-COMMISSIONING THE SRTPV PLANT AT
THIPPADODDI VILLAGE.
W.P. No. 56479 OF 2016
BETWEEN
SRI C KESHAVAMURTHY
S/O. RANGAPPA,
AGED ABOUT 86 YEARS,
R/AT SHANTHI PARK HOTEL,
ASHOKA ROAD,
DAVANEGERE 577 001
... PETITIONER
(BY SRI. NANJUNDA SWAMY N., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF POWER AND ENERGY,
M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU 560001.
REP. BY ITS SECRETARY
2. THE ADDITIONAL CHIEF ELECTRICAL
INSPECTOR, BENGALURU NORTH,
NO. 2/4, ARAGINI BHAVANA,
1ST FLOOR, DR. RAJAKUMAR ROAD,
RAJAJINAGAR, BENGLURU 560010
3. THE MANAGING DIRECTOR (DSM)
BENGALURU ELECTRICITY SUPPLY
COMPANY LIMITED,
K.R. CIRCLE, BENGALURU 560001
33
4. THE EXECUTIVE ENGINEER (ELE)
CSD 1, BENGALURU ELECTRICITY
SUPPLY COMPANY LIMITED,
DAVANEGERE 577002
5. THE ASSISTANT EXECUTIVE ENGINEER (ELE)
CSD 1, BENGALURU ELECTRICITY SUPPLY
COMPANY LIMITED,
DAVANEGERE 577002
6. THE ELCTRICAL INSPECTOR
DAVANAGERE DIVISION,
BAKKESHWARA MANSION
NO. 2257/5, 1ST FLOOR, CHURCH ROAD,
M.C.C. A BLOCK,
DAVANAGERE - 577 004. ... RESPONDENTS
(BY SRI.R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. SRIKANTH PATIL. K. ADV., FOR R-3 TO R-5.
R-6 IS SERVED.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ORDER/ NOTICE DTD.28.9.2016, ISSUED BY THE R-5 AT
ANNEXURE-K AND ETC.
W.P. Nos. 56796-56800 OF 2016
BETWEEN
1. SRI G C RAMAKRISHNA REDDY
S/O CHIKKADASA REDDY,
AGED ABOUT 45 YEARS,
RESIDING AT GUNDAGALLU VILLAGE,
KODIGENAHALLI HOBLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT - 572 137.
2. SRI G R MANJUNATHA REDDY
S/O G.C.RAMAKRISHNA REDDY,
AGED ABOUT 36 YEARS,
RESIDING AT GUNDAGALLU VILLAGE,
KODIGENAHALLI HOBLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT - 572 137
34
3. SRI G R RANGA REDDY
S/O G.C.RANGA REDDY,
AGED ABOUT 61 YEARS,
RESIDING AT GUNDAGALLU VILLAGE,
KODIGENAHALLI HOBLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT - 572 137
4. SRI G R CHANDRASHEKAR REDDY
S/O G.C.RANGA REDDY,
AGED ABOUT 55 YEARS,
RESIDING AT GUNDAGALLU VILLAGE,
KODIGENAHALLI HOBLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT - 572 137
5. SRI G S RAVEENDRA REDDY
S/O SHIVARAMA REDDY,
AGED ABOUT 40 YEARS,
RESIDING AT GUNDAGALLU VILLAGE,
KODIGENAHALLI HOBLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT -- 572 137
6. SRI G S RAJENDRA REDDY
S/O SHIVARAMA REDDY,
AGED ABOUT 38 YEARS,
RESIDING AT GUNDAGALLU VILLAGE,
KODIGENAHALLI HOBLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT - 572 137
7. SRI G R SREENATH
S/O RAMACHANDRA REDDY,
AGED ABOUT 40 YEARS,
RESIDING AT GUNDAGALLU VILLAGE,
KODIGENAHALLI HOBLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT - 572 137
... PETITIONERS
(BY SRI. ASHOK B. PATIL, ADVOCATE)
AND
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA,
35
VIDHANA SOUDHA,
BENGALURU-560001.
2. ADDITIONAL CHIEF SECRETARY
ENERGY DEPARTMENT,
VIKASASOUDHA,
BENGALURU-560001.
3. THE EXECUTIVE ENGINEER
C, O & M DIVISION,
BESCOM,
CHALLEKERE ROAD,
HIRIYUR DIVISION,
CHITRADURGA DISTRICT.
4. THE ASSISTANT EXECUTIVE ENGINEER
C, O & M SUB DIVISION,
BESCOM,
CHALLEKERE ROAD,
HIRIYUR DIVISION,
CHITRADURGA DISTRICT.
5. THE GENERAL MANAGER
DSM, CORPORATE OFFICE,
NO.001 GROUND FLOOR, BLOCK-2,
BESCOM, K.R.CIRCLE,
BENGALURU-560001. ... RESPONDENTS
(BY SRI. R. B. SATHYANARAYANA SINGH, AGA FOR R1 & R-2.
SRI. G. KRISHNA MURTHY, SENIOR COUNSEL AND
SRI. SRIKANTH PATIL K., ADV. FOR R-5.
SRI. PRASANNA KUMAR, ADV. FOR R-3 & R-4.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-3 DATED
31.08.2016 AT ANNEXURE-H IN RESPECT OF THE POWER
PURCHASE AGREEMENT OF PETITIONER NO.1 AND ETC.
W.P.Nos. 56801-56803 OF 2016
BETWEEN
1. SRI S VENKATARAMA RAO
S/O SRI.S.KOTESHWARA RAO,
AGED ABOUT 42 YEARS,
36
RESIDING AT NO.58, 7TH CROSS,
WILSON GARDEN,
BANGALORE-560 027.
2. SMT RATHNAMMA
W/O SRI.H.N.RAMAKRISHNA REDDY,
AGED ABOUT 61 YEARS,
RESIDING AT:34/2, DINNENAHALLY MAJARA,
HUNASENAHALLY, GOWRIBIDANUR TALUK,
CHIKBALLAPUR DISTRICT.
... PETITIONERS
(BY SRI.ASHOK B. PATIL, ADV.)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
ENERGY DEPARTMENT,
VIDHANASOUDHA,
BENGALURU-560001.
2. THE EXECUTIVE ENGINEER (ELE)
BESCOM, C, O & M SUB DIVISION,
CHIKKABALLPUR-562 101.
3. THE ASSISTANT EXECUTIVE ENGINEER(V)
C, O & M SUB DIVISION,
GOWRIBIDANUR SUB-DIVISION,
BESCOM, CHIKKABALLAPUR-562 101
4. THE GENERAL MANAGER
DSM, CORPORATE OFFICE,
NO.001 GROUND FLOOR, BLOCK 2,
BESCOM, K.R.CIRCLE,
BENGALURU-560001.
5. MANAGING DIRECTOR
BESCOM, CORPORATE OFFICE,
BESCOM, K.R.CIRCLE,
BENGALURU-560001.
6. THE KARNATAKA ELECTRICITY REGULATORY
COMMISSION 6TH AND 7TH FLOOR,
MAHALAXMI CHAMBERS,
37
NO.9/2, M.G.ROAD,
BENGALURU-560001.
... RESPONDENTS
(BY SRI. R. B. SATHYANANARAYANA SINGH, AGA FOR R-1.
SRI. P. PRASANNAKUMAR, ADV. FOR R-2, R-3, R-4, R-5.
SRI. T. S. AMARKUMAR, ADV. FOR R-6.
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-2 DTD.5.7.2016
VIDE ANNEXURE-F IN RESPECT OF THE POWER PURCHASE
AGREEMENTS (1 NOS.) OF PETITIONER NO.1 AND ETC.
W.P.Nos. 56804-56808 OF 2016
BETWEEN
1. MR LINGAM KRISHNA PRASAD
S/O MR. NARASIMHA RAO,
AGED ABOUT 51 YEARS,
RESIDING AT:NO.40/154,
NEAR SAIBABA TEMPLE,
NEHRU NAGAR,
BALANAGAR, HYDERABAD-500037.
2. MR YENUMLA SURESH
S/O MR.BAPI RAJU,
AGED ABOUT 40 YEARS,
RESIDING AT:PLOT NO.2/18/1,
MALIKALPURAM, YENUMULAVARIVEEDHI,
SHIVAKODU, EAST GODAVARI DISTRICT,
ANDRAPRADESH-533244.
3. MR MALLAMPATI SUBBARAO
S/O MR.VEERA RAGHAVAIAH,
AGED ABOUT 40 YEARS,
RESIDING AT:PLOT NO.149#20,
KUKATPALLI, VIVEKANANDA NAGAR,
HYDERABAD-500072.
4. MR VADDIBOINA PRATHAP REDDY
S/O MR.NARASIMHA RAO,
AGED ABOUT 31 YEARS,
RESIDING AT PLOT NO.149,
KUKATPALLI, VIVEKANANDA NAGAR,
HYDERABAD-500072.
38
5. MR DAGGUBATI SURENDRABABU
S/O MR.ROSI REDDY,
AGED ABOUT 38 YEARS,
RESIDING AT:PLOT NO.11-8,
SHANTHINAGAR, PATANCHERU,
NEAR BUS STATION,
MEDAK DISTRICT,
TELANGANA STATE-502319.
... PETITIONERS
(BY SRI. ASHOK B PATIL, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY,
ENERGY DEPARTMENT,
VIDHANSOUDHA,
BENGALURU-560001.
2. THE DEPUTY SECRETARY
ENERGY DEPARTMENT,
VIKASASOUDHA,
BENGALURU-560001.
3. THE EXECUTIVE ENGINEER
C, O & M DIVISION,
BESCOM, HIRIYUR TALUK,
CHITRADURGA DISTRICT - 572 143.
4. THE ASSISTANT EXECUTIVE ENGINEER
C,O & M SUB DIVISION,
BESCOM, HIRIYUR TALUK,
CHITRADURGA DISTRICT - 572 143.
5. THE MANAGING DIRECTOR
BESCOM CORPORATE OFFICE,
K.R.CIRCLE,
BANGALORE-560001.
6. THE KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH AND 7TH FLOOR,
MAHALAXMI CHAMBERS,
39
NO.9/2, M.G.ROAD,
BENGALURU-560001.
7. THE GENERAL MANAGER
DSM, CORPORATE OFFICE,
NO.001, GROUND FLOOR, BLOCK-2,
BESCOM, K.R.CIRCLE,
BENGALURU-560001. ... RESPONDENTS
(BY SRI. SRIRANGA, ADV. FOR R-3, R-4, R-5 AND R-7.
SRI. T. S. AMARKUMAR, ADV. FOR R-6.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-3 DTD:3.9.2016
[ANNEXURE-E] IN RESPECT OF THE POWER PURCHASE
AGREEMENT OF P-1 AND ETC.
W.P.No. 56809 OF 2016
BETWEEN
SMT G K SUJATHA
W/O R JAYACHANDRA
AGED ABOUT 50 YEARS
R/A HALEHALLI VILLAGE
MANCHENAHALLI HOBLI
GOWRIBIDANUR TALUK
CHIKBALLAPUR DISTRICT
REP. BY HER GPA HOLDER
SRI HARISH JAYACHANDRA ... PETITIONER
(BY SRI. ASHOK B PATIL, ADV.)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
ENERGY DEPARTMENT
VIDHANASOUDHA
BENGALURU-560001
2. DEPUTY SECRETARY
ENERGY DEPARTMENT
VIKASASOUDHA
BENGALURU-560001
40
3. THE EXECUTIVE ENGINEER
C, O & M DIVISION BESCOM
CHIKKABALLAPUR - 562 101
4. THE ASSISTANT EXECUTIVE ENGINEER(V)
C, O & M SUB DIVISION
GOWRIBIDANUR SUB DIVISION
BESCOM, CHIKKABALLAPUR - 562 101
5. THE GENERAL MANAGER
DSM, CORPORATE OFFICE
NO.001, GROUND FLOOR, BLOCK 2
BESCOM, K R CIRCLE
BENGALURU-560001
6. MANAGING DIRECTOR
BESCOM, CORPORATE OFFICE
BESCOM, K R CIRCLE
BENGALURU-560001
7. THE KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH AND 7TH FLOOR,
MAHALAXMI CHAMBERS
NO.9/2, M G ROAD
BENGALURU-560001 ... RESPONDENTS
(BY SRI R. B. SATHYANARAYANA SINGH, AGA FOR R-1 & R-2.
SRI. P. PRASANNA KUMAR, ADV. FOR R-3 TO R-6.
SRI. T S AMAR KUMAR, ADV. FOR R-7)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORADA PASSED BY THE R-3 BOTH
DTD.5.7.2016 VIDE ANNEXURES-H & H1 IN RESPECT OF THE
POWER PURCHASE AGREEMENTS [2 NOS.] OF THE PETITIONER
AND ETC.
W.P.No. 56961 OF 2016
BETWEEN
ABHINAY V
S/O. VENKATASHIVAREDDY V,
AGED ABOUT 33 YEARS,
41
R/AT G. KOTHUR VILLAGE,
G. KOTHUR HOBLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPUR DISTRICT
... PETITIONER
(BY SRI. D. N. NANJUNDA REDDY, SENIOR COUNSEL A/W
SRI. ZULFIKIR KUMAR SHAFI, ADV.)
AND
1. THE STATE OF KARNATAKA
ENERGY DEPARTMENT,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU 560001.
REP BY ITS ADDITIONAL CHIEF SECRETARY
2. BANGALORE ELECTRICITY SUPPLY
COMPANY LTD (BESCOM)
K.R. CIRCLE, BENGALURU 560001.
KARNATAKA STATE,
REP BY ITS MANAGING DIRECTOR
3. THE EXECUTIVE ENGINEER (ELECTRICAL)
COMMERCIAL, EXECUTIVE AND
MAINTENANCE DIVISION, BESCOM,
CHIKKABALLAPURA-562 101.
4. THE CHIEF ELECTRICAL INSPECTOR TO THE
GOVERNMENT
NIRMANA BHAVAN, 2ND FLOOR,
P.B. NO. 5148, DR. RAJKUMAR ROAD,
RAJAJINAGAR, BENGALURU 560010. ... RESPONDENTS
(BY SRI.R. B. SATHYANARYANA SINGH, AGA FOR R-1.
SRI. S. SRIRANGA ADV. FOR R-2)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO DECLARE
THAT THE ACTION OF THE R-3 IN CANCELLING THE POWER
PURCHASE AGREEMENT IS ILLEGAL UNLAWFUL AND
ARBITRARY AND CONSEQUENTLY AND ETC.
42
W.P.No. 56962 OF 2016
BETWEEN
VINAY BABU V
S/O. VENKATASHIVAREDDY V,
AGED ABOUT 29 YEARS,
R/AT G. KOTHUR VILLAGE,
G. KOTHUR HOBLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPUR DISTRICT
... PETITIONER
(BY SRI. ZULFIKIR KUMAR SHAFI, ADV.)
AND
1. THE STATE OF KARNATAKA
ENERGY DEPARTMENT,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU 560001.
REP BY ITS ADDITIONAL CHIEF SECRETARY
2. BANGALORE ELECTRICITY SUPPLY
COMPANY LTD (BESCOM)
K.R. CIRCLE, BENGALURU 560001.
KARNATAKA STATE,
REP BY ITS MANAGING DIRECTOR
3. THE EXECUTIVE ENGINEER (ELECTRICAL)
COMMERCIAL, EXECUTIVE
AND MAINTENANCE DIVISION,
BESCOM, CHIKKABALLAPURA - 562 101.
4. THE CHIEF ELECTRICAL INSPECTOR
TO THE GOVERNMENT NIRMANA BHAVAN,
2ND FLOOR, P.B. NO. 5148,
DR. RAJKUMAR ROAD, RAJAJINAGARA,
BENGALURU 560010
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1)
SRI. S. SRIRANGA FOR R-2.
43
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO DECLARE
THAT THE ACTION OF THE R-3 IN CANCELLING THE POWER
PURCHASE AGREEMENT IS ILLEGAL UNLAWFUL AND
ARBITRARY AND CONSEQUENTLY AND ETC.
W.P.Nos. 56978-56982 OF 2016
BETWEEN
1. MR. C. CHINNAIAH
S/O MR CHALLANARASIMHAPPA
AGED ABOUT 60 YEARS
RESIDING AT SURVEY NO 73,
ARALIKUNTE VILLAGE,
KASABA HOBLI, PAVAGADA TALUK
TUMKUR DISTRICT
2. MRS C SHASHIKALA
W/O MR C CHINNAIAH
AGED ABOUT 55 YEARS
RESIDING AT SURVEY NO 73,
ARALIKUNTE VILLAGE,
KASABA HOBLI, PAVAGADA TALUK
TUMKUR DISTRICT.
3. MR C NAGABHUSHANA
S/O MR CHALLA NARASIMHAPPA
AGED ABOUT 56 YEARS
RESIDING AT SURVEY NO 72/1 & 87
ARALIKUNTE VILLAGE, KASABA HOBLI,
PAVAGADA TALUK TUMKUR DISTRICT
4. MRS C ARUNA
W/O MR C NAGABHUSHANA
AGED ABOUT 52 YEARS
RESIDING AT SURVEY NO 87
ARALIKUNTE VILLAGE,
KASABA HOBLI, PAVAGADA TALUK
TUMKUR DISTRICT
5. MR C JANAKIRAM
S/O MR CHALLANARASIMHAPPA
AGED ABOUT 48 YEARS
RESIDING AT SURVEY NO 50/2,
ARALIKUNTE VILLAGE,
44
KASABA HOBLI, PAVAGADA TALUK,
TUMKUR DISTRICT
... PETITIONERS
(BY SRI. ASHOK B. PATIL, ADV. AND
SRI. SUNIL P. P. ADV.)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
ENERGY DEPARTMENT
VIDHANA SOUDHA
BENGALURU - 560001
2. THE EXECUTIVE ENGINEER
C O & M DIVISION, BESCOM,
MADHUGIRI TUMKUR DISTRICT - 572 132.
3. THE ASSISTANT EXECUTIVE ENGINEER
BESCOM PAVAGADA SUB DIVISION
MADHUGIRI TUMKUR DISTRICT - 572 116
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1,
SRI. P. PRASANNA KUMAR FOR R-2 AND R-3.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-2 DTD.2.9.2016
VIDE ANNEXURES-H & H1 IN RESPECT OF THE POWER
PURCHASE AGREEMENT OF PETITIONER NO.1 AND ETC.
W.P. Nos. 56987-56991/2016 & W.P. Nos. 57788-57792/2016
BETWEEN
1. MR. C. DHANANJAYA
S/O MR CHALLANARASIMHAPPA
AGED ABOUT 50 YEARS
R/ AT SURVEY NO 120,
ARALIKUNTE VILLAGE,
KASABA HOBLI,
PAVAGADA TALUK
TUMKUR DISTRICT
45
2. MRS C LAKSHMI
W/O MR C DHANANJAYA
AGED ABOUT 44 YEARS
R/ AT SURVEY NO 119,
ARALIKUNTE VILLAGE, KASABA HOBLI,
PAVAGADA TALUK TUMKUR DISTRICT
3. MR C LAKSHMINARAYANA
S/O MR CHALLA NARASIMHAPPA
AGED ABOUT 58 YEARS
R/ AT SURVEY NO 72/1 ARALIKUNTE VILLAGE,
KASABA HOBLI, PAVAGADA TALUK
TUMKUR DISTRICT
4. MRS C NARAMMA
W/O MR C LAKSHMINARAYANA
AGED ABOUT 50 YEARS
R/ AT SURVEY NO 72/1 ARALIKUNTE VILLAGE,
KASABA HOBLI,
PAVAGADA TALUK TUMKUR DISTRICT
5. MR C. GOPAL
S/O MR CHALLANARASIMHAPPA
AGED ABOUT 46 YEARS
R/ AT SURVEY NO 50/2 ARALIKUNTE VILLAGE,
KASABA HOBLI,
PAVAGADA TALUK TUMKUR DISTRICT
... PETITIONERS
(BY SRI. ASHOK B PATIL, ADV.)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
ENERGY DEPARTMENT
VIDHANA SOUDHA
BENGALURU - 560001
2. THE EXECUTIVE ENGINEER
C O & M DIVISION,
BESCOM MADHUGIRI
TUMKUR DISTRICT - 572132
46
3. THE ASSISTANT EXECUTIVE ENGINEER
BESCOM PAVAGADA SUB DIVISION
MADHUGIRI TUMKUR DISTRICT - 572116
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. P. PRASANNA KUMAR, FOR R-2 AND R-3.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-2 DTD:2.9.2016
[ANNEXURES-H & H1] IN RESPECT OF THE POWER PURCHASE
AGREEMENT OF P-1 AND ETC.
W.P.Nos. 57401 - 57402 OF 2016
BETWEEN
1. SRI SUDHAKAR K
S/O K B R PRASAD
AGED ABOUT 41 YEARS,
ARALIKUNTE VILLAGE,
KASABA HOBLI,
PAVAGADA TALUK,
TUMKUR DISTRICT
2. SMT K ANITHA
W/O SRI SUDHAKAR K
AGED ABOUT 30 YEARS,
ARALIKUNTE VILLAGE,
KASABA HOBLI, PAVAGADA TALUK,
TUMKUR DISTRICT
... PETITIONERS
(BY SRI. ASHOK B PATIL, ADV. AND
SRI. SUNIL P. P., ADVOCATE.)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
ENERGY DEPARTMENT
VIDHANASOUDHA
BENGALURU 560001
47
2. THE DEPUTY SECRETARY
ENERGY DEPARTMENT
VIKASASOUDHA,
BENGALURU 560001
3. THE EXECUTIVE ENGINEER
C, O & M DIVISION,
BESCOM, MADHUGIRI
PAVAGADA TALUK,
TUMKUR DISTRICT -572 101.
4. THE ASSITANT EXECUTIVE ENGINEER (V)
C, O & M SUB DIVISION, BESCOM,
PAVAGADA TALUK,
TUMKUR DISTRICT - 572 101
5. THE GENERAL MANAGER
DSM, CORPORATE OFFICE,
NO.001, GROUND FLOOR, BLOCK 2,
BESCOM, K R CIRCLE,
BENGALURU 560001
6. MANAGING DIRECTOR
BESCOM, CORPORATE OFFICE,
BESCOM, K R CIRCLE
BENGALURU 560001
7. THE KARNATAKA ELECTRICITY REGULATORY
COMMISSION 6TH AND 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO.9/2, M G ROAD
BENGALURU 560001
REP. BY ITS SECRETARY.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R1 & R2.
SRI. P. PRASANNA KUMAR FOR R-3 TO R-6,
SRI. T. S. AMAR KUMAR FOR R-7.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-3 DTD:2.9.2016
[ANNEXURE-H] IN RESPECT OF THE POWER PURCHASE
AGREEMENTS OF P-1 AND ETC.
48
W.P.No. 58099 OF 2016
BETWEEN
SMT PARVATHAMMA
D/O VENKATARYAPPA,
W/O A VENKATA REDDY,
AGED ABOUT 60 YEARS,
ALAGURKI VILLAGE,
DIBBURAHALLI POST,
BASHETTYHALLI HOBLI,
SIDLAGHATTA TALUK,
CHIKKABALLAPURA DISTRICT
... PETITIONER
(BY SRI. KETHAN KUMAR, ADV.)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE-560001
REP. BY ITS SECRETARY
2. BANGALORE ELECTRICITY
SUPPLY COMPANY
C.O & M DIVISION, BESCOM,
CHINTHAMANI,
REP. BY ITS EXECUTIVE ENGINEER(ELE)
3. BANGALORE ELECTRICITY
SUPPLY COMPANY, CORPORATE OFFICE,
ROOM NO-1, GROUND FLOOR BLOCK-2,
K.R.CIRCLE, BANGALORE-560001.
REP. BY ITS GENERAL MANAGER DSM
4. BANGALORE ELECTRICITY SUPPLY COMPANY
CORPORATE OFFICE,
K.R.CIRCLE, BANGALORE-560001
REP BY ITS MANAGER DIRECTOR,(MD)
5. KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH & 7TH FLOOR,
49
MAHALAXMI CHAMBERS,
NO.9/2, M.G.ROAD,
BENGALURU-560001
REP BY ITS SECRETARY
... RESPONDENTS
(BY SRI. T. S. AMAR KUMAR FOR R-5.
SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. P. PRASANNA KUMAR FOR R-2 TO R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DATED 29.08.2016 AT ANNEXURE-G
ISSUED BY R-2 TERMINATING THE PPA AGREEMENT AT
ANNEXURE-D DATED 30.12.2015 ENTERED INTO BETWEEN
PETITIONER AND R-2 AND ETC.
W.P.No. 58100 OF 2016
BETWEEN
SRI D SATHYANARAYANA
S/O D VENKATESHWARA RAO,
AGED ABOUT 65 YEARS,
R/AT THAMMENAHALLI VILLAGE,
MOLAKALMURU TALUK,
CHITRADURGA DISTRICT-577529
... PETITIONER
(BY SRI. KETHAN KUMAR, ADV.)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE-560001
REP. BY ITS SECRETARY
2. BANGALORE ELECTRICITY
SUPPLY COMPANY
C.O. & M DIVISION,
HIRIYUR CHITRADURGA-577598
REP. BY EXECUTIVE ENGINEER
50
3. BANGALORE ELECTRICITY SUPPLY COMPANY
CORPORATE OFFICE, K.R.CIRCLE,
BANGALORE-560001.
REP. BY GENERAL MANAGER, DSM
4. KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH & 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO.9/2, M.G.ROAD, BENGALURU-560001
REP. BY ITS SECRETATY ... RESPONDENTS
(BY SRI G. KRISHNA MUARTHY, SR. COUNSEL FOR
SRI. SRIKANTH K. PATIL FOR R-2.
SRI. T. S. AMARKUMAR FOR R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DATED 08.09.2016 ISSUED BY R-2
TERMINATING THE PPA AGREEMENT DATED 30.12.2015
ENTERED INTO BETWEEN PETITIONER AND R-2 AT
ANNEXURE-E AND ETC.
W.P. No. 58101 OF 2016
BETWEEN
SRI N DAYAKAR
S/O LATE NARAYANASWAMY,
AGED ABOUT 62 YEARS,
ALAGURKI VILLAGE,
DIBBURAHALLI POST,
BASHETTYHALLI HOBLI,
SIDLAGHATTA TALUK,
CHIKKABALLAPURA DISTRICT - 562 105
... PETITIONER
(BY SRI.: KETHAN KUMAR, ADV.)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE-560001
REP. BY ITS SECRETARY
51
2. BANGALORE ELECTRICITY SUPPLY COMPANY
C.O & M DIVISION, BESCOM, CHINTHAMANI,
REP. BY ITS EXECUTIVE ENGINEER(ELE) - 563 125
3. BANGALORE ELECTRICITY SUPPLY COMPANY
CORPORATE OFFICE, ROOM NO-1,
GROUND FLOOR BLOCK-2,
K.R.CIRCLE, BANGALORE-560001
REP. BY ITS GENERAL MANAGER DSM
4. BANGALORE ELECTRICITY SUPPLY COMPANY
CORPORATE OFFICE,
K.R.CIRCLE, BANGALORE-560001
REP BY ITS MANAGER DIRECTOR,(MD)
5. KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH & 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO.9/2, M.G.ROAD, BENGALURU-560001
REP BY ITS SECRETARY
... RESPONDENTS
(BY SRI.S. SRIRANGA, ADV. FOR R-2 TO R-4.
SRI. T. S. AMAR KUMAR, ADV. FOR R-5.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DTD.29.8.2016 VIDE ANNEXURE-H ISSUED
BY THE R-2 TERMINATING THE PPA AGREEMENT
DTD.30.12.2015 ENTERED INTO BETWEEN PETITIONER AND R-2
AND ETC.
W.P.Nos. 61172-61173 OF 2016
BETWEEN
1. MRS S GANGAMMA
W/O MR. M. SIDDABASAVAIAH
AGED ABOUT 73 YEARS,
R/ AT SIDDAGANGA ESTATE,
BALEHALLI GATE,
KALLAMBELLA HOBLI,
SIRA TALUK,
TUMKUR DISTRICT.
52
2. MR. S. MOHAN KUMAR
S/O MR. M. SIDDABASAVAIAH
AGED ABOUT 53 YEARS,
R/ AT SIDDAGANGA ESTATE,
BALEHALLI GATE, KALLAMBELLA HOBLI,
SIRA TLAUK, TUMKUR DISTRICT.
... PETITIONERS
(BY SRI. ASHOK B. PATIL, ADV.)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
ENERGY DEPARTMENT
VIDHANA SOUDHA,
BENGALURU 560 001.
2. THE ADDITIONAL CHIEF SECRETARY
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BENGALURU-560 001.
3. THE EXECUTIVE ENGIEER (ELE)
C,O &M DIVISION,
BESCOM, MADHUGIRI,
TUMKUR DITRICT-572 132.
4. THE ASSISTANT EXECUTIVE ENGINEER (EL.,)
C,O &M RURAL SUB-DIVISION,
BESCOM, SIRA, TUMKUR DISTRICT.
... RESPONDENTS
(BY SRI.R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2
SRI. P. PRASANNA KUMAR FOR R-3 AND R-4.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-3 DTD.7.9.2016
VIDE ANNEXURES-G & G1 IN RESPECT OF THE POWER
PURCHASE AGREEMENT OF PETITIONER NO.1 AND ETC.
53
W.P. No. 61859 OF 2016
BETWEEN
SHRI K A BADRI NARAYANA
S/O ANANTHAPADMANABHAIAH,
AGED ABOUT 44 YEARS,
R/AT THIPPADODDI VILLAGE,
BYRAKUR HOBLI, MULBAGAL TALUK,
KOLAR DISTRICT-563132
... PETITIONER
(BY SRI.SRIHARI A. V., ADV.)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA, AMBEDKAR VEEDHI,
BANGALORE-560001
2. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, MG ROAD, BANGALORE-560001
3. BANGALORE ELECTRICITY SUPPLY CO. LTD.
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE, K.R.CIRCLE,
BANGALORE-560001
4. THE EXECUTIVE ENGINEER
COMMERCE AND DEVELOPMENT DEPARTMENT,
CO & M DIVISION, BESCOM, CHAMPION REEFS, KGF,
KOLAR-563122.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. S. SRIRANGA FOR R-3 AND R-4.
SRI. T. S. AMAR KUMAR FOR R-2.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
RECORDS AND TO QUASH THE OFFICIAL MEMORANDUM DTD
54
30.08.2016 AT ANNEXURE-M ISSUED BY R-4 CONSEQUENTLY TO
DIRECT THE RESPONDENT AUTHORITIES, TAKING INTO
CONSIDERATION ALL THE FACTS AND CIRCUMSTANCES AND
INSTALLATION OF SOLAR ROOFTOP SYSTEM MADE BY THE
PETITIONER IN HIS PREMISES, TO EXECUTE AND CONCLUDE
AS PER THE POWER PURCHASE AGREEMENT DTD 30.10.2015 BY
GRANTING NECESSARY ORDER FOR SYNCHRONISING-
COMMISSIONING THE SRTPV PLANT AT THIPPADODDI
VILLAGE.
W.P.No. 61929 OF 2016
BETWEEN
KUM. DIMPLE RAJ,
D/O A. M. SURESH RAJ,
AGED ABOUT 21 YEARS,
R/AT SRS ESTATE, POULTRY FARM,
SHETTIMADAMANGALA VILLAGE,
SUGATUR HOBLI, KOLAR TALUK - 563 101
... PETITIONER
(BY SRI. M SHIVAPRAKASH, ADVOCATE)
AND
1. THE CHIEF SECRETARY,
STATE OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE - 560 001
3. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION ,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, MG ROAD,
BANGALORE - 560 001
55
4. BANGALORE ELECTRICITY
SUPPLY COMPANY LTD.,
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE, K R CIRCLE,
BANGALORE - 560 001.
5. THE EXECUTIVE ENGINEER,
COMMERCE AND DEVELOPMENT
DEPARTMENT, CO & M DIVISION,
BESCOM, CHAMPION REEFS , KGF,
KOLAR - 563 101.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & R-2,
SRI. T. S. AMAR KUMAR, ADV. FOR R-3,
SRI. PADMANABHA V. MAHALEY, SR. ADV. A/W
SRI. P. PRASANNA KUMAR, ADV. FOR R-4 & 5. )
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
ENTIRE RECORDS FROM THE OFFICE OF R-5 IN RESPECT OF
OFFICIAL MEMORANDUM DATED 29.09.2016 AND ETC.
W.P. No. 61931 OF 2016
BETWEEN
SRI.A.S.SUBHASH SHARATH RAJ,
S/O SRI SURESH RAJ,
AGED ABOUT 25 YEARS,
R/AT SRS ESTATE POULTRY FARM,
SHETTIMADAMANGALA VILLAGE,
SUGATUR HOBLI, KOLAR TALUK - 563 101
... PETITIONER
(BY SRI. M SHIVAPRAKASH, ADVOCATE)
AND
1. THE CHIEF SECRETARY,
STATE OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
ENERGY DEPARTMENT
56
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE - 560 001
3. THE SECRETARY,
KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO 9/2, M G ROAD,
BANGALORE - 560 001.
4. BANGALORE ELECTRICITY SUPPLY
COMPANY LTD, BY ITS MANAGING
DIRECTOR CORPORATE OFFICE,
K R CIRCLE, BANGALORE - 560 001
5. THE EXECUTIVE ENGINEER,
COMMERCE AND DEVELOPMENT
DEPARTMENT, CO & M DIVISION BESCOM,
CHAMPION REEFS, KGF KOLAR - 563101
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 & 2,
SRI. T. S. AMAR KUMAR, ADV. FOR R-3.
SRI. V. PADMANABHA V. MAHALAY, SR. ADV A/W.,
SRI. P. PRASANNA KUMAR, ADVT'S FOR R-4 & R-5)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
ENTIRE RECORDS FROM THE OFFICE R-5 IN RESPECT OF
CANCELLATION LETTER DATED 29.09.2016 AND ETC.
W.P.No. 62111 OF 2016
BETWEEN
MRS ANJU KEJRIWAL
W/O MR. VIVEK KEJRIWAL
AGED ABOUT 45 YEARS,
R/AT PEBEL BAY APARTMENTS,
TOWER-4, FLAT NO.221, 22ND FLOOR,
DOLLARS COLONY, BANGALORE-560 094
57
ALSO AT
SURVERY NO.37 AND 38
SHIDLEKONA VILLAGE,
BUKKAPATNA HOBLI,
SIRA TALUK, TUMKUR DISTRICT.
... PETITIONER
(BY SRI. SUNIL P. P., ADVOCATE, AND
SRI. ASHOK B. PATIL, ADVOCATE)
AND
1. ADDITIONAL CHIEF SECRETARY,
ENERGY DEPARTMENT,
VIKASASOUDHA,
BENGALURU-560 001
2. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF ENERGY,
VIDHANASOUDHA,
BENGALURU-560 001
3. THE KARNATAKA ELECTRICITY REGULATORY
COMMISSION, 6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, M. G. ROAD,
BENGALURU - 560 001.
4. THE EXECUTIVE ENGINEER
C,O AND M DIVISION,
BESCOM, MADHUGIRI,
TUMKUR DISTRICT-572132
5. THE ASSISTANT EXECUTIVE ENGINEER
C,O AND M RURAL SUBDIVISION,
BESCOM, SIRA, TUMKUR DISTRICT-572116
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R1 & 2
SRI. T. S. AMAR KUMAR, ADV. FOR R-3,
SRI. P. PRASANNA KUMAR, ADV. FOR R-4 & R-5. )
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-3 ALL
58
DTD.7.9.2016 VIDE ANNEXURES-K, K1 TO K7 IN RESPECT OF
THE POWER PURCHASE AGREEMENT/S ENTERED INTO
BETWEEN THE BESCOM AND THE PETITIONER HEREIN AND
ETC.
W.P. No. 62517 OF 2016
BETWEEN
SRI. RAMAKRISHNA REDDY,
S/O LATE S NARAYANA REDDY,
AGED ABOUT 66 YEARS,
R/AT LAGUMADDEPALLI VILLAGE,
BAGEPALLI TALUK,
CHIKKABALLAPURA DISTRICT - 561207
... PETITIONER
(BY SRI. M SHIVAPRAKASH, ADVOCATE)
AND
1. THE CHIEF SECRETARY,
STATE OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE-560 001.
3. THE SECRETARY,
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, MG ROAD,
BANGALORE-560 001.
4. BANGALORE ELECTRICITY
SUPPLY COMPANY LTD.,
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE, K.R. CIRCLE,
BANGALORE-560 001.
59
5. THE CHIEF ELECTRICAL INSPECTOR
GOVERNMENT OF KARNATAKA,
NIRMAN BHAVAN, 2ND FLOOR,
P.B. NO. 5148, DR. RAJKUMAR ROAD,
RAJAJINAGAR, BANGALORE-560 010.
6. THE EXECUTIVE ENGINEER
COMMERCE AND DEVELOPMENT
DEPARTMENT, CO & M DIVISION,
BESCOM, CHIKKABALLAPURA
DISTRICT-561 207.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1, 2 & 5,
SRI. T. S. AMAR KUMAR, ADV. FOR R-3,
SRI. S. SRIRANGA, ADV. FOR R-4,
SRI. P. PRASANNA KUMAR, ADV. FOR R-6.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
THE ENTIRE RECORDS FROM THE OFFICE OF R-6 IN RESPECT
OF OFFICIAL MEMORANDUM DTD.2.9.2016 AND ETC.
W.P. No. 62519 OF 2016
BETWEEN
FLORA CONSULTANCY SERVICES,
REP. BY SRI. RAMAKRISHNA REDDY,
S/O. LATE S. NARAYANA REDDY,
AGED ABOUT 66 YEARS,
R/AT LAGUMADDEPALLI VILLAGE,
BAGEPALLI TALUK,
CHIKKABALLAPURA DISTRICT-561 207,
... PETITIONER
(BY SRI. M SHIVAPRAKASH, ADVOCATE)
AND
1. THE CHIEF SECRETARY,
STATE OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
60
ENERGY DEPARTMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE-560 001.
3. THE SECRETARY,
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, MG ROAD,
BANGALORE-560 001.
4. BANGALORE ELECTRICITY
SUPPLY COMPANY LTD.,
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE, K.R. CIRCLE,
BANGALORE-560 001.
5. THE CHIEF ELECTRICAL INSPECTOR
GOVERNMENT OF KARNATAKA,
NIRMAN BHAVAN, 2ND FLOOR,
P.B. NO. 5148, DR. RAJKUMAR ROAD,
RAJAJINAGAR, BANGALORE-560 010.
6. THE EXECUTIVE ENGINEER
COMMERCE AND DEVELOPMENT
DEPARTMENT, CO & M DIVISION, BESCOM,
CHIKKABALLAPURA DISTRICT-561 207.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R1, 2 & 5,
SRI. T. S. AMARKUMAR, ADV. FOR R-3,
SRI. P. PRASANNA KUMAR, ADV. FOR R-4 & R-6.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
THE ENTIRE RECORDS FROM THE OFFICE OF R-6 IN RESPECT
OF OFFICIAL MEMORANDUM DTD 5.7.2016 AND ETC.
W.P.No. 62520 OF 2016
BETWEEN
SRI. K. SRIDHAR,
S/O. KODANDARAMA REDDY,
61
AGED ABOUT 40 YEARS,
R/AT LAGUMADDEPALLI VILLAGE,
BAGEPALLI TALUK,
CHIKKABALLAPURA DISTRICT-561 207.
... PETITIONER
(
BY SRI. M. SHIVAPRAKASH, ADVOCATE)
AND
1. THE CHIEF SECRETARY,
STATE OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE-560 001.
3. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, MG ROAD,
BANGALORE-560 001.
4. BANGALORE ELECTRICITY
SUPPLY COMPANY LTD.,
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE,
K.R. CIRCLE, BANGALORE-560 001.
5. THE CHIEF ELECTRICAL INSPECTOR
GOVERNMENT OF KARNATAKA,
NIRMAN BHAVAN, 2ND FLOOR,
P.B. NO. 5148, DR. RAJKUMAR ROAD,
RAJAJINAGAR, BANGALORE-560 010.
6. THE EXECUTIVE ENGINEER
COMMERCE AND
DEVELOPMENT DEPARTMENT,
62
CO & M DIVISION, BESCOM,
CHIKKABALLAPURA DISTRICT-561 207.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R1, 2 & 5,
SRI. T. S. AMAR KUMAR, ADV. FOR R-3,
SRI. G. KRISHNAMURTHY, SR. ADV. A/W
SRI. SRIKANTH PATIL K. ADV. FOR R-4,
SRI. P. PRASANNA KUMAR, ADV. FOR R-6.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
THE ENTIRE RECORDS FROM THE OFFICE OF R-6 IN RESPECT
OF OFFICIAL MEMORANDUM DTD.5.7.2016 AND ETC.
W.P.No. 63891 OF 2016
BETWEEN
MS.LATHA VITTAL,
AGED ABOUT 50 YEARS,
WIFE OF B.V.VITTAL,
R/AT 694, CHITRA BANU ROAD,
'E' AND 'F' BLOCK
MYSORE-571123
... PETITIONER
(BY SRI. K. DIWAKARA, ADVOCATE)
AND
1. THE STATE OF KARNATAKA,
REP. BY ADDITIONAL CHIEF SECRETARY,
(ENERGY DEPARTMENT),
REGISTERED OFFICE AT SHAKTI BHAVAN,
82, RACE COURSE ROAD,
BENGALURU-560 001
KARNATAKA, INDIA
2. CHAMUNDESHWARI ELECTRICITY
SUPPLY COMMISSION (CESC)
GOVERNMENT OF KARNATAKA
UNDERTAKING, REGISTERED
OFFICE AT NO. 29,
63
VIJAYNAGAR 2ND STAGE,
HINKAL, MYSORE-570017, KARNATAKA.
REP. BY ITS MANAGING DIRECTOR
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R1,
SRI. ABHINAV V., ADVOCATE FOR R-2.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO SET ASIDE
THE UNILATERAL AND UNDISCLOSED IMPUGNED ORDER
DTD:8.7.2016 [ANNEXURE-Q] THEREBY RESTORING PERMISSION
TO THE PETITIONER TO CONTINUE WITH DEVELOPMENT
AND INSTALMENT OF 2 UNITS OF ROOF TOP SOLAR POWER PV
PLANTS AS PER THE TERMS AND CONDTIONS OF PPAS AND
ETC.
W.P.No. 65260 OF 2016
BETWEEN
MR FRANK JOHN BAPTIST C
AGED ABOUT 55 YEARS,
S/O CHINNA CHOURI,
NO.808, ANDERSONPET,
B.M.ROAD,
K.G.F. BANGARPET TALUK,
KOLAR DISTRICT-563 113
... PETITIONER
(BY SRI. R. ABHINAV, ADVOCATE)
AND
1. THE GOVERNMENT OF KARNATAKA,
DEPARTMENT OF ENERGY,
II FLOOR, VIKASA SOUHDA,
BENGALURU-560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. BENGALURU ELECTRICITY SUPLY
COMPANY, (BESCOM)
HAVING ITS REGISTERED OFFICE
K.R.CIRCLE, BENGALURU-560 001
REP. BY ITS MANAGING DIRECTOR
64
3. THE KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH & 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, M.G.ROAD,
BENGALURU-560 001
REP. BY ITS SECRETARY.
... RESPONDENTS
(BY SRI.R. B. SATYANARAYANA, AGA FOR R-1.
SRI. P. PRASANNA KUMAR, ADV. FOR R-2.
SRI. T. S. AMAR KUMAR, ADV. FOR R-3.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDUM DTD.30.11.2016 ISSUED BY THE
R-2 AT ANNEXURE-E, TO THE W.P. AND ETC.
W.P.No. 65461 OF 2016
BETWEEN
SRI S. V. RAJESH,
S/O. R VENKATASHIVA REDDY,
AGED ABOUT 34 YEARS,
R/AT : D. KOTHAPALLI VILLAGE,
GORTHAPALLI POST,
BAGEPALLI TALUK,
CHIKBALLAPUR DIST 561207
... PETITIONER
(BY SRI. ASHOK B. PATIL, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
ENERGY DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU 560001
2. THE DEPUTY SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
65
3. THE EXECUTIVE ENGINEER (ELE)
BES COM, CHIKKABALLAPUR - 562 101.
4. THE GENERAL MANAGER
DSM, CORPORATE OFFICE,
NO. 001, GROUND FLOOR,
BLOCK 2, BESCOM, KR CIRCLE,
BENGALURU 560001
5. THE KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH AND 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO. 9/2, MG ROAD,
BENGALURLU 560001. ... RESPONDENTS
(BY SRI. R. B. SATYANARAYAN SINGH, AGA FOR R-1 & R-2,
SRI. G. KRISHNAMURTHY, SR. ADV. A/W
SRI. K. SRIKANTH PATIL, ADV. FOR R-3 & R4,
SRI. T. S. AMARKUMAR, ADV. FOR R-5.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA (ANNEXURE-F) IN RESPECT OF
THE POWER PURCHASE AGREEMENT OF THE PETITIONER
AND ETC.
W.P. Nos. 65542-65543 OF 2016
BETWEEN
SRI.K.CHANNABASAPPA
S/O KONDAPPA
AGED ABOUT 70 YEARS,
R/AT BANGARAKKANAGUDDA
HUCHAVVANAHALLY POST
JAGALUR TALUK,
DAVANAGERE DISTRICT-577528.
... PETITIONER
(BY SRI. M SHIVAPRAKASH, ADV.)
66
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560001
2. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, MG ROAD,
BENGALURU-560001
3. BENGALURU ELECTRICITY
SUPPLY COMPANY LTD
BY ITS MANAGING DIRECTOR,
CORPORATE IOFFICE, K.R.CIRCLE,
BENGALURU - 560 007
4. THE EXECUTIVE ENGINEER
COMMERCE AND DEVELOPMENT DEPARTMENT,
CO & M DIVISION, BESCOM,
DAVANAGERE EAST DIVISION,
DAVANAGERE-577002
... RESPONDENTS
(BY SRI.R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. G. KRISHNAMURTHY, SR. COUNSEL FOR
SRI. SRIKANTH PATIL K. FOR C/R-3 & R-4.
SRI. T. S. AMAR KUMAR FOR R-2.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL
FOR ENTIRE RECORDS AND TO QUASH THE OFFICIAL
MEMORANDUM VIDE ANNEXURES-N AND N1 BOTH DTD
11.07.2016 ISSUED BY THE R-4 AND CONSEQUENTLY TO DIRECT
THE RESPONDENT AUTHORITIES TAKING INTO
CONSIDERATION ALL THE FACTS AND CIRCUMSTANCES AND
PREPARATION MADE BY THE PETITIONER IN INSTALLATION
OF SOLAR ROOF TOP PROJECT, TO EXECUTE AND CONCLUDE
AS PER THE POWER PURHASE AGREEMENTS DTD 04.03.2016 BY
67
GRANTING NECESSARY ORDER FOR SYNCHRONISING
COMMISSINING THE SRTPV SYSTEMS AT
BANGARAKKANAGUDDA VILLAGE, KASAB HOBLI, JAGLUR
TALUK.
W.P.Nos. 65544-65545 OF 2016
BETWEEN
BINDU C
D/O CHANNABASAPPA
AGED ABOUT 34 YEARS
R/AT BANGARAKKANAGUDDA
HUCHAVVANAHALLY POST
JAGALUR TALUK
DAVANAGERE DISTRICT - 577 528
... PETITIONER
(BY SRI. D. N. NANJUNDA REDDY, SR.. COUNSEL FOR
SRI. M. SHIVAPRAKASH, ADV.)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY ENERGY
DEPARTMENT VIKASA SOUDHA
AMBEDKAR VEEDHI
BENGALURU- 560001
2. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION 6TH & 7TH FLOOR
MAHALASKHMI CHAMBERS
NO 9/2 M G ROAD BENGALURU - 560001
3. BENGALURU ELECTRICITY
SUPPLY COMPANY LTD
BY ITS MANAGING DIRECTOR
CORPORATE OFFICE K R CIRCLE,
BENGALURU
4. THE EXECUTIVE ENGINEER
COMMERCE & DEVELOPMENT DEPARTMENT
CO & M DIVISION BESCOM
68
DAVANAGERE EAST DIVISION
DAVANAGERE - 577002
... RESPONDENTS
(BY SRI.R.B.SATYANARAYANA SINGH, AGA FOR R-1.
SRI. G. KRISHNA MURTHY, SR. COUNSEL FOR
SRI. SRIKANTH PATIL K FOR C/R-3 & R-4.
SRI. T. S. AMAR KUMAR FOR R-2.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL
FOR ENTIRE RECORDS AND TO QUASH THE OFFICIAL
MEMORANDUMS AT ANNEXURE-L AND VIDE ANNEXURE-LI
BOTH DTD 11.07.2017 ISSUED BY R-4 AND CONSEQUENTLY
DIRECT RESPONDENT AUTHORITIES TAKING INTO
CONSIDERATION ALL THE FACTS AND CIRCUMSTANCES AND
PREPARATION MADE BY THE PETITIONER IN INSTALLATION
OF SOLAR ROOF TOP PROJECT, TO EXECUTE AND CONCLUDE
AS PER THE POWER PURCHASE AGREEMENTS DTD 04.03.2016
BY GRANTING NECESSARY ORDER FOR SYNCHRONISING -
COMMISSINING THE SRTPV SYSTEMS AT
BANGARAKKANAGUDDA VILLAGE, KASABA HOBLI, JAGALUR
TALUK.
W.P. Nos. 65546-65547 OF 2016
BETWEEN
DEEPA C
D/O CHANNABASAPPA
AGED ABOUT 27 YEARS
R/AT BANGARAKKANAGUDDA
HUCHAVVANAHALLY POST
JAGALUR TALUK
DAVANAGERE DISTRICT-577 528 ... PETITIONER
(BY SRI. M SHIVAPRAKASH, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
ENERGY DEPARTMENT
VIKASA SOUDHA
AMBEDKAR VEEDHI
BENGALURU-560 001
69
2. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH AND 7TH FLOOR
MAHALAKSHMI CHAMBERS
NO.9/2, M G ROAD,
BENGALURU-560 001
3. BENGALURU ELECTRICITY
SUPPLY COMPANY LTD,.
BY ITS MANAGING DIRECTOR
CORPORATE OFFICE
K R CIRCLE, BENGALURU.
4. THE EXECUTIVE ENGINEER
COMMERCE AND DEVELOPMENT
DEPARTMENT CO AND M DIVISON
BESCOM, DAVANAGERE EAST DIVISION
DAVANGARE-577 002
... RESPONDENTS
(BY SRI.R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. G. KRISHNAMURTHY, SR. COUNSEL FOR
SRI. SRIKANTH PATIL K. FOR R-3 & R-4.
SRI. T. S. AMAR KUMAR FOR R-2. )
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL
FOR ENTIER RECORDS AND TO QUASH THE OFFICIAL
MEMORANDUM VIDE ANNEXURES-L AND L1 BOTH DTD
11.07.2016 ISSUED BY THE R-4 AND CONSEQUENTLY TO DIRECT
THE RESPONDENT AUTHORITIES TAKING INTO
CONSIDERATION ALL THE FACTS AND CIRCUMSTANCES AND
PREPARATION MADE BY THE PETITIONER IN INSTALLATION
OF SOLAR ROOF TOP PROJECT, TO EXECUTE AND CONCLUDE
AS PER THE POWER PURCHASE AGREEMENTS DTD 04.03.2016
BY GRANTING NECESSARY ORDER FOR SYNCHRONISING
COMMISSIONING THE SRTPV SYSTEMS AT
BANGARAKKANAGUDDA VILLAGE, KASAB HOBLI, JAGLUR TQ.
W.P.Nos. 65548-65551 OF 2016
BETWEEN
SRI.BASAVARAJU C
S/O. CHANNABASAPPA,
70
AGED ABOUT 26 YEARS,
R/AT BANAGARAKKANAGUDDA,
HUCHAVVANAHALLY POST,
JAGALUR TALUK,
DAVANAGERE DIST 577528
... PETITIONER
(BY SRI. M SHIVAPRAKASH, ADV.)
AND
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU 560001
2. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH AND 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO. 9/2, M G ROAD,
BENGALURU 560001
3. BENGALURU ELECTRICITY
SUPPLY COMPANY LTD
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE,
KR CIRCLE, BENGALURU.
4. THE EXECUTIVE ENGINEER
COMMERCE AND DEVELOPMENT
DEPARTMENT, CO & M DIVISION,
BESCOM, DAVANAGERE EAST DIVISION,
DAVANAGERE 577002.
... RESPONDENTS
(BY SRI.G. KRISHNAMURTHY, SR. COUNSEL, FOR
SRI. SRIKANTH PATIL K FOR C/R-3 AND R-4.
SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. T. S. AMAR KUMAR FOR R-2.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL
FOR ENTIRE REOCRDS AND TO QUASH THE OFFICIAL
71
MEMORANDUM VIDE ANNEXURES-M, M1, M2, M3 ALL DTD
11.07.2016 ISSUED BY THE R-4 AND CONSEQUENTLY TO DIRECT
THE RESPONDENT AUTHORITIES TAKING INTO
CONSIDERATION ALL THE FACTS AND CIRCUMSTANCES AND
PREPARATION MADE BY THE PETITIONER IN INSTALLATION
OF SOLAR ROOF TOP PROJECT, TO EXECUTE AND CONCLUDE
AS PER THE POWER PURCHASE AGREEMENTS DTD 04.03.2016
BY GRANTING NECESSARY ORDER FOR SYNCHRONISING
COMMISSIONING THE SRTPV SYSTEMS AT
BANGARAKKANAGUDDA VILLAGE, KASAB HOBLI, JAGLUR
TALUK.
W.P. No. 65552 OF 2016
BETWEEN
SMT. K. HEMAVATHI
W/O K CHANNABASAPPA,
AGED ABOUT 55 YEARS
R/AT BANGARAKKANAGUDDA,
HUCHAVVANAHALLY POST,
JAGALUR TALUK
DAVANAGERE DISTRICT-577 528
... PETITIONER
(BY SRI. M SHIVAPRAKASH, ADV.)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
ENERGY DEPARTMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001
2. THE SECRETARY
KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
6TH & 7TH FLOOR,
MAHALAKSHMI CHAMBERS,
NO.9/2, MG ROAD,
BENGALURU-560 001
3. BENGALURU ELECTRICITY
SUPPLY COMPANY LTD
72
BY ITS MANAGING DIRECTOR,
CORPORATE OFFICE,
K.R.CIRLCE, BENGALURU - 560 001
4. THE EXECUTIVE ENGINEER
COMMERCE AND DEVELOPMENT DEPARTMENT,
CO & M DIVISION, BESCOM,
DAVANAGERE EAST DIVISION,
DAVANAGERE-577 002
... RESPONDENTS
(BY SRI.G. KRISHNA MURTHY, SR. COUNSEL FOR
SRI. SRIKANTH PATIL K FOR C/R-3 & R-4.
SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. T. S. AMAR KUMAR FOR R-2.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR
ENTIRE RECORDS AND TO QUASH THE OFFICIAL
MEMORANDUM DTD 11.07.2016 VIDE ANNEXURE-M ISSUED BY
THE R-4 AND CONSEQUENTLY TO DIRECT THE RESPONDENT
AUTHORITES TAKING INTO CONSIDERATION ALL THE FACTS
AND CIRCUMSTANCES AND PREPARATION MADE BY THE
PETITIONER IN INSTALLATION OF SOLAR ROOF TOP PROJECT,
TO EXECUTE AND CONCLUDE AS PER THE POWER PURCHASE
AGREEMENTS DTD 29.07.2015 BY GRANTING NECESSARY
ORDER FOR SYNCHRONISING COMMISSIONING THE SRTPV
SYSTEMS AT BANGARAKKANAGUDDA AND SIDDAMANAHALLI
VILLAGE, KASAB HOBLI, JAGLUR TALUK..
W.P. Nos. 65895-65900 OF 2016
BETWEEN
1. SRI. M. JAYANNA
S/O LATE MUDLAPPA,
AGED ABOUT 56 YEARS,
R/AT IDDALANAGENAHALLI VILLAGE,
HIRIYUR TALUK,
CHITRADURGA DISTRICT-577598
2. SMT RATHNAMMA
W/O JAYANNA,
AGED ABOUT 53 YEARS,
R/AT IDDALANAGENAHALLI VILLAGE,
73
HIRIYUR TALUK,
CHITRADURGA DISTRICT-577598
3. SRI J MANJUNATHA GOWDA
S/O JAYANNA,
AGED ABOUT 26 YEARS,
R/AT IDDALANAGENAHALLI VILLAGE,
HIRIYUR TALUK,
CHITRADURGA DISTRICT-577598
4. SRI J GOPINATH GOWDA
S/O JAYANNA,
AGED ABOUT 23 YEARS,
R/AT IDDALANAGENAHALLI VILLAGE,
HIRIYUR TALUK,
CHITRADURGA DISTRICT-577598
5. SRI RAGHUNATHA L
S/O LAKSHMANAPPA,
AGED ABOUT 37 YEARS,
R/AT IDDALANAGENAHALLI VILLAGE,
HIRIYUR TALUK,
CHITRADURGA DISTRICT-577598
6. SMT R VIJAYAMMA
D/O RANGASWAMY,
AGED ABOUT 50 YEARS,
R/AT IDDALANAGENAHALLI VILLAGE,
HIRIYUR TALUK,
CHITRADURGA DISTRICT-577598
... PETITIONERS
(BY SRI. R HEMANTH RAJ, ADV.)
AND
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE-560001
2. THE ADDITIONAL CHIEF SECRETARY
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BANGALORE-560001
74
3. THE EXECUTIVE ENGINEER
C O & M DIVISION,
BESCOM, CHALLAKERE ROAD,
HIRIYUR DIVISION,
CHITRADURGA DISTRICT - 577 501
4. THE ASSISTANT EXECUTIVE ENGINEER
C O & M DIVISION, BESCOM,
HIRIYUR TALUK,
CHITRADURGA DISTRICT - 577 501.
5. THE MANAGING DIRECTOR
BESCOM CORPORATE OFFICE,
BESCOM, K.R.CIRCLE,
BANGALORE-560001
6. THE GENERAL MANAGER
DSM, CORPORATE OFFICE,
NO.001, GROUND FLOOR,
BLOCK-2, BESCOM, K.R.CIRCLE,
BANGALORE-560001
7. THE KARNATAKA ELECTRICITY REGULATORY
COMMISSION, 6TH AND 7TH FLOOR,
MAHALAKSMI CHAMBERS,
NO.9/2, M.G.ROAD,
BANGALORE-560001
... RESPONDENTS
(BY SRI. SRIKANTH PATIL K FOR C/R3 TO R-6
SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1 AND R-2.
SRI. T. S. AMAR KUMAR FOR R-7.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDUM AND ITS DATED 3.09.2016
ISSUED / PASSED BY R-3 AT ANNEXURE-A IN RESPECT OF
PETITIONER NO.1 AND ETC.
W.P.No. 1059 OF 2017 & W.P.Nos. 1060-1062 OF 2017
BETWEEN
1. SRI G M CHANNAMARIYAPPA
S/O LATE SRI MUNISWAMAPPA
AGED ABOUT 63 YEARS
75
R/A NO.866, 11TH B CROSS
23RD MAIN, 2ND STAGE
J P NAGAR, BENGALURU-560 078
2. SRI NIKHIL R NANDI
S/O RAMESH V NANDI
AGED ABOUT 31 YEARS
R/A NO.7, 1ST MAIN
12TH CROSS, IDEAL HOMES TOWNSHIP
R.R. NAGAR
BENGALURU-560098
3. SMT DEEPTHI C
D/O CHANNAMARIYAPPA
AGED ABOUT 27 YEARS
R/A NO.866, 11TH B CROSS
23RD MAIN, 2ND STAGE
J P NAGAR BENGALURU-560078
4. SMT SAMPOORNA
W/O SRI CHANNAMARIYAPPA
AGED ABOUT 53 YEARS
R/A NO.866, 11TH B CROSS
23RD MAIN, 2ND STAGE
J P NAGAR, BANGALORE-560078
... PETITIONERS
(BY SRI.ASHOK B. PATIL, ADV. AND
SRI. SUNIL P. P., ADV. )
AND
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
ENERGY DEPARTMENT
VIDHANASOUDAH
BANGALORE-560001
2. THE ADDITIONAL CHIEF SECRETARY
ENERGY DEPARTMENT
VIKASASOUDHA
BANGALORE-560001
3. THE EXECUTIVE ENGINEER(V)
O & M DIVISION, CESC
KOLLEGAL SUB DIVISION
76
KOLLEGAL-571440
MYSORE DISTRICT.
... RESPONDENTS
(BY SRI.R. B. SATYANARAYAN SINGH, AGA FOR R1 & 2.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-3 BOTH
DTD:11.7.2016 [ANNEXURES-E & E1] IN RESPECT OF THE POWER
PURCHASE AGREEMENTS [2 NOS] OF P-1 AND ETC.
W.P.No. 1064 OF 2017
BETWEEN
M/S SKYHI SOLAR PRIVATE LIMITED
HAVING ITS OFFICE AT:NO.15, 3RD CROSS,
KAVERI NAGAR, KATHRIGUPPE,
BSK 3RD STAGE, BENGALURU-560 085
REP. BY ITS DIRECTOR MR S V RAJESH
... PETITIONER
(BY SRI. ASHOK B. PATIL, ADV. AND
SRI. SUNIL P. P., ADV. )
AND
1. THE STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY
ENERGY DEPARTMENT
VIDHANASOUDHA
BANGALORE-560001
2. THE EXECUTIVE ENGINEER(ELC)
C, O & M DIVISION
BESCOM CHIKBALLAPUR-561207
3. THE ASSISTANT EXECUTIVE ENGINEER(ELE)
O & M SUB DIVISION
BESCOM, BAGEPALLI
CHIKKABALLAPUR DISTRICT-561 207
4. THE SECRETARY
THE KARNATAKA ELECTRICITY REGULATORY
77
COMMISSION 6TH AND 7TH FLOOR,
MAHALAXMI CHAMBERS
NO.9/2, M G ROAD, BENGALURU-560001
... RESPONDENTS
(BY SRI.R. B. SATYANARAYANA SINGH, AGA FOR R-1.
SRI. SRIKANTH PATIL K FOR C/R-2 & R-3.
SRI. T. S. AMAR KUMAR FOR R-4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE OFFICIAL MEMORANDA PASSED BY THE R-2 ALL DATED
05.07.2016 VIDE ANNXURE-J, J1 TO J3 IN RESPECT OF THE
POWER PURCHASE AGREEMENT/ENTERED INTO BETWEEN
THE BESCOM AND THE PETITIONER HEREIN AND ETC.
W.P. No. 9857 OF 2017
BETWEEN
SRI. PATEL ASHWATHANARAYANA REDDY
S/O. CHINNAPPA REDDY,
AGED ABOUT 60 YEARS,
R/AT NANDIGANAHALLI VILLAGE AND POST,
CHINTAMANI TALUK,
CHICKKABALLAPUR DISTRICT -563 125
... PETITIONER
(BY SRI. HARIKRISHNA S. HOLLA, ADV.)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF ENERGY,
2ND FLOOR, VIKASA SOUDHA,
BANGALORE-560 001,
REP. BY ITS SECRETARY.
2. BANGALORE ELECTRICITY
SUPPLY COMPANY
C.O. & M DIVISION, BESCOM,
CHINTAMANI - 563 125
REP. BY ITS EXECUTIVE ENGINEER (ELE).
78
3. BANGALORE ELECTRICITY
SUPPLY COMPANY
C.O. & M. SUB-DIVISION,
BESCOM, CSD, CHINTAMANI - 563 125
REP. BY ITS ASSISTANT EXECUTIVE ENGINEER.
4. BANGALORE ELECTRICITY SUPPLY COMPANY
CORPORATE OFFICE,
ROOM NO.1, GROUND FLOOR
BLOCK-2, K.R. CIRCLE,
BANGALORE-560 001,
REP. BY ITS GENERAL MANAGER, DSM.
5. BANGALORE ELECTRICITY SUPPLY COMPANY
CORPORATE OFFICE,
K.R. CIRCLE, BANGALORE-560 001,
REP. BY ITS MANAGER DIRECTOR, (MD)
6. KARNATAKA ELECTRICITY
REGULATORY COMMISSION
6TH & 7TH FLOOR,
MAHALAXMI CHAMBERS,
NO.9/2, M.G. ROAD,
BENGALURU-560 001,
REP. BY ITS SECRETARY.
... RESPONDENTS
(BY SRI. R. B. SATYANARAYANA SINGH, AGA FOR R-1
SRI. P. PRASANNA KUMAR FOR R-2 TO R5.
SRI. T. S. AMAR KUMAR FOR R-6.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ENDORSEMENT DATED 11.1.2017 AT ANNEXURE-T ISSUED
BY R-2 TERMINATING THE PPA AGREEMENT DATED 28.09.2015
ENTERED INTO BETWEEN PETITIONER AND R-2.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
79
ORDER
The petitioners in these petitions are before this Court claiming to be aggrieved by the termination of the Power Purchase Agreement entered into between the petitioners and the respondents.
2. For the purpose of narration of facts to enable the disposal, the case pleaded in W.P.No.51001/2016 is noticed.
3. The petitioners and the respondents had entered into an agreement for supply of solar power in terms of the agreement entered therein. In the instant case, an endorsement dated 08.09.2016 terminating the agreement dated 17.12.2015 is issued. The petitioners claiming to be aggrieved are seeking that the same be quashed and a mandamus be issued to the respondents to extend the time by a further period. Similar is the situation in the accompanying matters except with the 80 change in the date of the endorsement issued whereby termination of the agreement is made. In certain of the matters, the contention is also that the work has been completed and in that light, the extension has not been sought, but they seek the implementation of the terms of the agreement for purchase of power.
4. Be that as it may, presently the issue is only with regard to the termination as made and as to whether the same is in accordance with law.
5. This aspect of the matter had arisen for consideration before the Kalaburagi Bench of this Court in W.P.Nos.204773-781/2016 and connected petitions. This Court while disposing of the petitions through the order dated 13.12.2016 has arrived at the conclusion that the termination as made without issuing show cause notice and providing an opportunity of hearing would not be justified. The learned Judge while arriving at such 81 conclusion has relied on a decision of the Hon'ble Supreme Court. Though a contention is urged on behalf of the respondents that in contractual matters such consideration would not be necessary, keeping in view the fact that certain of the similarly placed persons have already been granted the benefit by this Court by quashing the order of termination and by providing an opportunity to answer the show cause notice so as to enable the respondents to thereafter take a decision in the matter, the said decision passed by this Court is made applicable to the present facts as well.
6. In that view, in all these petitions, the respective notice of termination issued to the petitioners and assailed in the respective writ petitions stand quashed. However, liberty is reserved to the respondents to issue show cause notices afresh, secure reply from the 82 petitioners and thereafter pass appropriate orders and take a decision in accordance with law.
7. To enable such consideration to be made in a time frame, it is directed that the show cause notices if any, to be issued by the respondents shall be issued to the petitioners herein within a period of two weeks from the date of receipt of a copy of this order. The petitioners on receipt of show cause notices shall file their respective replies within two weeks from the date of receipt of such notices. The respondents shall thereupon complete the process of consideration of the reply and the orders be passed in that regard within a period of three weeks thereafter.
8. It is further made clear that though the order of termination is set aside at this point in time to enable the principles of natural justice to be complied, the same shall not give a right to the petitioners to commence the 83 work so as to complete the project in the meanwhile. In that circumstance, if the petitioners undertake any further work relating to the project for its completion from this date onwards till the process of providing the opportunity is completed and whether such progress should be taken into consideration or not is a matter left open to be considered by the respondents, but the petitioners shall not claim any equities in that regard unless the respondents choose to consider and accept the same to treat the project as completed.
9. Further while considering the explanation of the petitioners, if any need arises for altering the terms of the agreement, that is also a matter left open to the respondents to take note of the same and take a decision in accordance with law. After the decision is taken by the respondents, if the petitioners are still aggrieved by the 84 action of the respondents, liberty is left to them to avail their remedies in accordance with law.
All these petitions stand disposed of in the above terms.
The learned Standing Counsel for the respondents and also the learned Government Advocate are permitted four weeks time to file their Vakalath/Memo of appearance, if the same has not been filed in any of these petitions.
Sd/-
JUDGE hrp/bms