- 1 - NC: 2025:KHC:11585 WP No. 2114 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2114 OF 2017 (GM-RES) BETWEEN: 1. M/S NEOSOLARFARMTECH PRIVATE LIMITED HAVING ITS OFFICE AT NO.212, AVANI HILLTOP BETTAHOSAHALLI MADERAHALLI POST KOLAR-563101 REPRESENTED BY ITS DIRECTOR MR M A N KUMAR 2. M/S BALLYHOO PRIVATE LIMITED HAVING ITS OFFICE AT NO.43/2-3 ANNEX 2ND FLOOR H B SAMAJA ROAD BASAVANAGUDI BENGALURU-560 004 REPRESENTED BY ITS DIRECTOR MR M A NAGENDRA KUMAR …PETITIONERS (BY SRI. SUNIL P P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY ENERGY DEPARTMENT VIDHANASOUDHA BENGALURU-560 001 2. THE EXECUTIVE ENGINEER (ELC.) C,O &M DIVISION BESCOM CHIKBALLAPUR-561 207 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11585 WP No. 2114 of 2017 3. THE ASSISTANT EXECUTIVE ENGINEER (ELE) O & M SUB DIVISION BESCOM BAGEPALLI CHIKBALLAPUR DISTRICT-561 207 4. THE SECRETARY THE KARNATAKA ELECTRICITY REGULATORY COMMISSION 6TH AND 7TH FLOOR MAHALAXMI CHAMBERS NO.9/2 M G ROAD BENGALURU-560 001 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1; SRI. RAKESH BHATT., ADVOCATE FOR R2; SRI. M.S. DEVARAJ., ADVOCATE FOR R3; SRI. B.N. PRAKASH., ADVOCATE FOR R4 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A APPROPRITE WRIT, ORDER OR DIRECTION QUASHING THE OFFICIAL MEMORANDA PASSED BY THE R-2 ALL DTD5.7.2016 [ANNEXURE-J, J1 TO J3] IN RESPECT OF THE POWER PURCHASE AGREEMENT/S ENTERED INTO BETWEEN THE BESCOM AND THE PETITIONERS HEREIN AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: i. To issue a appropriate writ, order or direction quashing the Official Memoranda bearing a) No.KaNilm/SaKaNilm(KA)/ChiBaPu/TaaSa-3/16- 17/CYS-31 (RR.No.GP-1050) - 3 - NC: 2025:KHC:11585 WP No. 2114 of 2017 b) No.KaNilm/SaKaNilm(KA)/ChiBaPu/TaaSa-3/16- 17/CYS-31 (RR.No.GP-1051) c) No.KaNilm/SaKaNilm(KA)/ChiBaPu/TaaSa-3/16- 17/CYS-31 (RR.No.GP-1052) d) No.KaNilm/SaKaNilm(KA)/ChiBaPu/TaaSa-3/16- 17/CYS-31 (RR.No.GP-1053) Passed by the Respondent No.2 all dated 05.07.2016 (Annexure-J, J1 to J3) in respect of the Power Purchase Agreement/s entered into between the Bescom and the Petitioner’s herein in the interest of justice and equity. ii. Direct the Respondents to grant one(1) year time from the date of the order of the above writ petition, to the petitioners for completion of the project, in the interest of justice and equity. iii. Direct the Respondents to grant necessary approvals to the petitioners for the purpose of installation of the SRTPV system, in the interest of justice and equity. iv. Pass such other order as this Hon’ble Court deems fit on the facts and circumstances of the case, including the award of exemplary costs, in the interest of justice and equity. 2. The grievance of the petitioner is that without issuing any show cause notice and provide an opportunity to the petitioner to reply thereto. The power purchase agreement entered into between the petitioner and respondents No.2 and 3 have been cancelled by respondents No.2 and 3 on account of - 4 - NC: 2025:KHC:11585 WP No. 2114 of 2017 violations alleged to have been made by the petitioner. 3. A perusal of the Annexure-J, J1 to J3 does not indicate any show cause notice having been issued or opportunity having been provided to the petitioner to reply to any allegations made by respondents No.2 and 3. In that view of the matter, I pass the following; ORDER i. The writ petition is allowed. ii. the Official Memoranda bearing No.KaNilm/SaKaNilm(KA)/ChiBaPu/TaaSa- 3/16-17/CYS-31 (RR.No.GP-1050), No.KaNilm/SaKaNilm(KA)/ChiBaPu/TaaSa- 3/16-17/CYS-31 (RR.No.GP-1051), No.KaNilm/SaKaNilm(KA)/ChiBaPu/TaaSa- 3/16-17/CYS-31 (RR.No.GP-1052). No.KaNilm/SaKaNilm(KA)/ChiBaPu/TaaSa- 3/16-17/CYS-31 (RR.No.GP-1053) passed by - 5 - NC: 2025:KHC:11585 WP No. 2114 of 2017 respondent No.2 all dated 05.07.2016 at Annexure-J, J1 to J3 are quashed. iii. Liberty is reserved to the respondents No.2 and 3 to issue fresh show cause notice, consider the reply submitted by the petitioner and thereafter pass appropriate orders. iv. The quashing of Annexure-J, J1 to J3 will not any manner revive the power purchase agreement, the same shall be subject to the result of the orders to be passed on the show cause notice. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 36