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2025 DAILYLAW 11702 (KAR)

HALLUR SOLAR POWER PRIVATE LIMITED v. THE SUPERINTENDENT OF POLICE

WP/201921/2025 · 2025-07-11

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3842 WP No. 201921 of 2025 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 THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT 1ST-21 EVERSHINE MALL NORTH METER CABIN 1, MALAD WEST MUMBAI-400 064, 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, Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3842 WP No. 201921 of 2025 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 - HC-KAR NC: 2025:KHC-K:3842 WP No. 201921 of 2025 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 - HC-KAR NC: 2025:KHC-K:3842 WP No. 201921 of 2025 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 - HC-KAR NC: 2025:KHC-K:3842 WP No. 201921 of 2025 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 - HC-KAR NC: 2025:KHC-K:3842 WP No. 201921 of 2025 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