- 1 - NC: 2025:KHC-D:2993 WP No. 100609 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100609 OF 2025 (LB-RES) BETWEEN: CYCLIC ENERGY POWER PRIVATE LIMITED REPRESENTED BY ITS AUTHORISED SIGNATORY MR. PRAMOD D. THIPPEGOWDA, AGE: 47 YEARS, HAVING ITS REGISTERED OFFICE AT 2ND FLOOR, SQUARE ONE MALL, SAKET BUSINESS DISTRICT, COURT CHOWK, PUSHPA VIHAR, NEW DELHI-110017. …PETITIONER (BY SRI. SHIVAPRASAD SHANTANGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, REPRESENTED BY ITS SECRETARY, M.S. BUILDING, 3RD FLOOR, 3RD GATE, BENGALURU-560001. 2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT VIJAYANAGAR, VIJAYANAGAR DISTRICT-583201. 3. THE EXECUTIVE OFFICER, TOWN PANCHAYAT KOTTUR, MANAGAPURA, KOTTURU, VIJAYANAGAR-583134. 4. THE PRESIDENT, GRAM PANCHAYAT KALAPURA, KOTTUR TALUK, VIJAYANAGAR DISTRICT-583136. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2993 WP No. 100609 of 2025 5. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT KALAPURA, KOTTUR TALUK, VIJAYANAGAR DISTRICT-583136. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. V. SHIVARAJ HIREMATH, AVOCATE FOR R2-R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE ENDORSEMENT DATED 02.01.2025 VIDE BEARING NO.SAM.GA.PAM.KA.SO.TA./01/2024-25 AT ANNEXURE-L ISSUED BY THE RESPONDENT NO.5; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO ISSUE LICENSE/NOC IN ACCORDANCE WITH THE GOVERNMENT CIRCULAR DATED 20.03.2020 VIDE BEARING NO.GRA.A.PA.24 GRA. PAM.A. 2020 AT ANNEXURE-P TO THE PETITIONER FOR 25 MW SOLAR POWER PROJECT ACTIVITY FALLING UNDER THE LIMITS RESPONDENT NO.4 AND 5 IN A TIME BOUND MANNER; ISSUE ANY OTHER WRIT, ORDER OR DIRECTION WHICH THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioner is before this Court seeking for the following reliefs: a. Issue a writ in nature of Certiorari quashing the Endorsement dated 02.01.2025 vide bearing No.Sam.Ga.Pam.Ka.So.Ta./01/2024-25 at Annexure-L issued by the Respondent No.5; b. Issue a Writ of Mandamus directing the Respondent No.4 to issue License/Noc in accordance with the Government Circular dated 20.03.2020 vide bearing no.gra.a.pa.24 gra. - 3 - NC: 2025:KHC-D:2993 WP No. 100609 of 2025 Pam.a. 2020 at Annexure-P to the Petitioner for 25 Mw Solar Power Project activity falling under the limits Respondent No.4 and 5 in a time bound manner; c. Issue any other writ, order or direction which this Hon’ble Court deems fit in the interest of justice and equity. 2. The submission of Sri Shivaprasad Shantanagoudar, learned counsel for the petitioner is that respondent No.5 without any jurisdiction issued the Endorsement dated 02.01.2025 at Annexure-L calling upon the petitioner to stop the implementation of the ‘Solar Power Project’ undertaken by the petitioner, in furtherance of the Government Order dated 08.07.2024 at Annexure-A. 3. In that view of the matter learned AGA was called upon to obtain instructions as to whether the Panchayat Development Officer had any jurisdiction or authority to stop the petitioner from implementing a project in furtherance of the Government Order dated 08.07.2024. - 4 - NC: 2025:KHC-D:2993 WP No. 100609 of 2025 4. Today a memo dated 13.02.2025 along with documents has been filed by the learned AGA stating that the Panchayat Development Officer did not have any such powers and he has exceeded his powers and as such necessary action has been taken by the Chief Executive Officer, Zila Panchayat, Vijaynagar by suspending the said PDO and initiating proceedings against the said PDO. 5. The above said memo and the documents which have been produced would categorically indicate that the Endorsement dated 02.01.2025 issued by the 5th respondent at Annexure-L was without any authority and is an abuse of the official powers and a fraud on power. In that view of the matter, I pass the following : ORDER (a) Writ petition is allowed. (b) A writ of certiorari is issued. Endorsement dated 02.01.2025 issued by the 5th - 5 - NC: 2025:KHC-D:2993 WP No. 100609 of 2025 respondent at Annexure-L is hereby quashed. (c) A writ of mandamus is issued directing respondent No.4 to issue necessary license/NOC in terms of the Government Order dated 08.07.2024 and the Circular dated 02.03.2020 at Annexure-P within a period of 30 days from the date of receipt of a copy of this order in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 128