T.G. Bharath S/O T .G. Venkatesh vs State Of Karnataka on 7 August, 2017

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Karnataka High Court

T.G. Bharath S/O T .G. Venkatesh vs State Of Karnataka on 7 August, 2017

Bench: K.N. Phaneendra

                          1


          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH


       DATED THIS THE 7 T H DAY OF AUGUST 2017


                      BEFORE

     THE HON'BLE MR. JUSTICE K.N. PHANEENDRA


       WRIT PETITION NO. 110218/2016 (G M-KEB)


BETWEEN:

T.G. BHARATH S/O T .G. VENKATESH
AGE: 38 YEARS,
OCC: CHAIRMAN AND MANAGING DIRECTOR,
SREE RAYALASEEMA HIGH STRENGTH
 HYPO LTD., R/O: BUDIHAL, TQ: BALLARI.

                                   ... PETITIONER
(BY SRI VINAY S. KOUJALAGI, ADVOCATE.)

AND:

1.   STA TE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY,
     ENERGY DEPARTMENT,
     VIDHNA SOUDHA, BENGALURU

2.   GULBARGA ELECTRICAL COMPANY LIMITED
     BY ITS CHIEF ENGINEER,
     O & M ZONE, GESCOM, GULBARGA.

3.   EXECUTIVE ENGINEER ELEC
     O & M RURAL DIVISION, GESCOM, BALLARI.

                                 ... RESPONDENTS
(BY SRI M.KUMAR, ADDL. GOVERNMENT ADVOCATE,
FOR R.1;
SRI B S KAMATE, ADVOCATE, FOR R.2 AND R.3.)
                              2


      THIS WRIT PETITI ON IS FILED UNDER ARTICLES
226 & 227 OF CONSTI TU TION OF INDIA PRAYING TO
QUASH      THE   NOTICE/ORDER        BEARING   NO.
EEE/AEE(O)/AET/BLY/2016-17/5520-24           DATE D
16.09.2016,  ISSUED     BY  THE   3RD  RESPONDENT
PRODUCED AT ANNEXURE-'G' AND TO DIRECT TO THE
RESPONDENT     NO.3    TO   COMPLETE    THE  PLANT
INSTALLA TION WORK IN SY.NO.95/B/6D4B SITUATE D
AT T. BUDIHAL VILLAGE, TQ: BALLARI, ETC.,.

     THIS  WRIT  PETI TION  COMING    ON  FOR
PRELIMINARY HEARING, THIS DAY, THE COURT MADE
THE FOLLOWING:


                           ORDER

Heard the learned counsels appearing for the respective parties.

2. The petitioner has made an application to GESCOM by remitting necessary fee required for the purpose of availing the permission of SRTPV (Solar Roof Top PV Plants) connection. The GESCOM has accepted the said application and issued the approval for execution of the above Power Purchase Agreement (PPA). It is alleged that without issuing any notice to the petitioner in respect of his representation, the respondent No.3 3 GESCOM has withdrawn the approval for the execution of the Power Purchase Agreement (PPA) and also cancelled the PPA unilaterally as per Annexure-G. Similar matters came before this Court in W.P.No.204773-781/2016 with other connected matters and this Court has allowed the writ petitions and directed the GESCOM to provide opportunity to the petitioner and to pass appropriate orders.

3. In view of the above said covered decision, there is no legal impediment for this Court to pass similar orders in this petition also. Hence the writ petition is allowed. The impugned order/communication as per Annexure-G, issued by the 3 r d respondent GESCOM terminating the Power Purchase Agreement entered into between the petitioner and the 3 r d respondent is hereby quashed.

4. The respondent No.3 GESCOM is at liberty to consider the matter afresh by issuing show cause notice to the petitioner and after providing him an opportunity of hearing, pass appropriate orders, in accordance with law.

Sd/-

JUDGE Mrk/-

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