- 1 - NC: 2025:KHC-D:7108 WP No. 101859 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 101859 OF 2021 (GM-KEB) BETWEEN: 1. SHRI PAYALINGESHWAR NEERU BALAKEDARAR SANGH, KHOTANATTI HAVING ITS REGISTERED OFFICE AT KHOTANATTI, ATHANI TALUK DISTRICT BALLARI-591230. BY ITS SECRETARY SRI. SHRIMANT S/O. KASHIRAM PAWAR AGE: 32 YEARS, OCC: AGRICULTURE AND SECRETARY OF SAID SOCIETY. 2. SRI. APPASAHEB S/O. ABA CHAVAN SECRETARY, AGE: 57 YEARS SHRI. PAYALINGESHWAR NEERU BALAKEDARAR SANGH, DASARATTI HAVING ITS REGISTERED OFFICE AT DASARATTI, ATHANI TALUK DISTRICT: BELAGAVI-591230. ...PETITIONERS (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF ENERGY VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560001. (REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY) 2. KARNATAKA ELECTRICITY REGULATORY COMMISSION A STATE ELECTRICITY REGULATORY COMMISSION Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:7108 WP No. 101859 of 2021 CONSTITUTED UNDER THE PROVISIONS OF THE KARNATAKA ELECTRICITY REFORMS ACT, 1999 HAVING ITS OFFCE AT NO. 16C-1, MILLER’S TANK BED AREA VASANTH NAGAR, BENGALURU-560052. (REPRESENTED BY ITS CHAIRPERSON) 3. HUBLI ELECTRICITY SUPPLY COMPANY LIMITED P.B.ROAD, NAVANAGAR, HUBBALLI-580025. (REPRESENTED BY THE MANAGING DIRECTOR). 4. THE ASSISTANT ENGINEER (ELE) O AND M SUB-DIVISION, HESCOM, ATHANI HALYAL CROSS, ATHANI DIST: BELAGAVI-591304. ..RESPONDENTS (BY SRI. ASHOKT T.KATTIMANI, AGA FOR R1; SRI. B.S.KAMATE, ADVOCATE FOR R2; SRI. SHIVARAJ P.MUDHOL, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS; ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION AND DECLARE THAT PERIOD FROM 24TH MARCH, 2020 TO 31ST MAY, 2020 AS THE FORCE MAJEURE EVENT AND CONSEQUENTLY, DIRECT THE RESONDENTs HESCOM LIMITED TO WITHDRAW THE BILLS FOR THE SAID PERIOD AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC-D:7108 WP No. 101859 of 2021 ORAL ORDER In the captioned petition, registered societies are aggrieved by the denial of power subsidy. Therefore, the societies are before this Court alleging that this discrimination between the individual farmers and the societies based on purely collective consumption violates the guarantee equality provided under Article 14 of the Constitution of India. 2. This Court in the lead petition bearing W.P.No.103671/2021 has dealt with this issue substantially and has issued certain directives. Since identical issues are involved and similar reliefs are sought in the captioned petition, the writ petition is disposed of in terms of the directives issued in W.P.No.103671/2021. 3. Accordingly, this Court proceeds to pass the following: - 4 - NC: 2025:KHC-D:7108 WP No. 101859 of 2021 ORDER i) Writ petition is allowed in part. ii) Petitioners are hereby directed to pay the pending arrears to respondent No.3. iii) Consequently, it is declared that the impugned Government Order No. EN 55 PSR 2008 dated 4th September 2008 is unconstitutional, in so far as it denies the benefit of power tariff subsidy to farmer societies purely on the ground of collective consumption exceeding the specified horsepower limit. iv) Consequently, the State Government and the concerned distribution companies (including HESCOM) are directed to review, reconsider, and amend the existing policy framework governing agricultural power subsidies, ensuring that farmer societies are treated at par with individual farmers. - 5 - NC: 2025:KHC-D:7108 WP No. 101859 of 2021 v) It is further directed that the authorities must frame and notify appropriate guidelines within a reasonable period (preferably within six months) to extend power tariff subsidies to registered farmer societies, in a manner that aligns with the principles of equality, promotes cooperative farming, and advances the broader goals of sustainable agricultural development. vi) Respondent No.3 is hereby directed to consider the petitioners’ application seeking subsidy benefits in accordance with law once the arrears are paid. vii) The petitioners are reserved with liberty to submit detailed representations seeking the benefit of power tariff subsidy under the revised framework. - 6 - NC: 2025:KHC-D:7108 WP No. 101859 of 2021 viii) Prayers in regard to setting aside the demand notice and declaration of the specified period as Force Majeure are hereby rejected. SD/- (SACHIN SHANKAR MAGADUM) JUDGE MBS List No.: 1