- 1 - NC: 2025:KHC-D:7097 WP No. 103495 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. 103495 OF 2021 (GM-KEB) BETWEEN: 1. SHRI. VASANTRAO MOHITE KRISHI ABHIVRUDHI SANGH, NIPPANI HAVING ITS REGISTERED OFFICE AT NIPPANI NEAR KPTCL POWER STATION NIPPANI-CHIKKODI ROAD, NIPPANI TALUKA: NIPPANI, DISTRICT:BELAGAVI-591237 REPRESENTED BY ITS VICE-CHAIRMAN SHRI. VIJAY DHANAPAL WAGH AGE: 60 YEARS, OCC: CHAIRMAN OF SAID SOCIETY. 2. SHRI. VASANTRAO MOHITE KRISHI ABHIVRUDHI SANGH, NIPPANI HAVING ITS REGISTERED OFFICE AT NIPPANI NEAR KPTCL POWER STATION NIPPANI-CHIKKODI ROAD, NIPPANI TALUKA: NIPPANI, DISTRICT: BELAGAVI-591237. REPRESENTED BY ITS SECRETARY SHRI. LAXMAN BANDU PAWALE AGE: 74 YEARS OCC: SECRETARY OF SAID SOCIETY. ...PETITIONERS (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF ENERGY VIKAS SOUDHA DR. AMBEDKAR VEEDHI BNENGALURU-560001. REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:7097 WP No. 103495 of 2021 2. KARNATAKA ELECTRICITY REGULATORY COMMISSION HAVING ITS OFFICE AT NO. 16C-1 MILLER’S TANK BUD ROAD VASANTH NAGAR, BENGALURU-560052. REPRESENTED BY ITS MEMBER SECRETARY. 3. HUBLI ELECTRICITY SUPPLY COMPANY LIMITED (HESCOM), P.B. ROAD NAVANAGAR, HUBBALLI-580025. REPRESENTED BY THE MANAGING DIRECTOR. 4. THE CHIEF ENGINEER(ELE) HUBBALLI ZONE, P.B. ROAD NAVANAGAR, HUBBALLI-580025. 5. THE SUPERINTENDENT ENGINEER (ELE) O AND M CIRCLE, HESCOM, BELAGAVI SANGAMESHWAR NAGAR, BELAGAVI-590010. 6. THE ASSISTANT EXECUTIVE ENGINEER (ELE) O AND M SUB-DIVISION, HESCOM, NIPPANI NEAR KPTCL OFFICE, NIPPANI-CHIKKODI ROAD NIPPANI, TALUKA: NIPPANI DIST: BELAGAVI-591237. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. B.S.KAMATE, ADVCOATE FOR R2 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION AND DECLARE THAT PERIOD FROM 24TH MARCH, 2019 TO 31ST MAY, 2019 AS THE FORCE MAJEURE EVENT AND CONSEQUENTLY, DIRECT THE RESPONDENTS NO.3 TO 6-HESCOM LIMITED TO WITHDRAW THE BILLS FOR THE SAID PERIOD AS LEVIED AGAINST THE PETITIONERS SOCIETY 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:7097 WP No. 103495 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:7097 WP No. 103495 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:7097 WP No. 103495 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:7097 WP No. 103495 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