- 1 - NC: 2025:KHC-D:7104 WP No. 104768 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. 104768 OF 2021 (GM-KEB) BETWEEN: 1. SHRIMANT TATYA NEERAVARI SANGH(R) KEMPWAD, A SOCIETY REGISTERED UNDER THE PROVISION OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960, TQ: ATHANI DIST: BELAGAVI-591234. REPRESENTD BY ITS CHAIRMAN SHRI. VIJAY BABURAO WALI AGE: 60 YEARS, OCC: AGRICULTURE. 2. SHRIMANT TATYA NEERAVARI SANGH (R) KEMPWAD, BY ITS SECRETARY SHRI. APPASAB RAVSAHEB SAWANT AGE: 67 YEARS, OCC: AGRICULTURIST R/O. KEMPWAD, TQ: ATHANI DIST: BELAGAVI-591234. ...PETITIONERS (BY SRI. SANJAY S.KATAGERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF ENERGY VIKAS SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU-560001, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY. 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 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:7104 WP No. 104768 of 2021 NAVANAGAR, HUBBALLI-580025. REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE ASSISTANT EXECUTIVE ENGINEER (ELE) O AND M SUB-DIVISION HESCOM, ATHANI TQ: ATHANI, DIST: BELAGAVI-591304. 5. THE ASSISTANT EXECUTIVE ENGINEER (ELE) O AND M SUB-DIVISION, HESCOM UGAR KHURD, TQ: ATHANI (NOW KAGWAD) DIST: BELAGAVI-591304. ...RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. B.S. KAMATE, ADVOCATE FOR R2; SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR R3 AND R4) 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 OF DIRECTION AND DECLARE THAT PERIOD FORM FEBRUARY 2019 TO JUNE 2019 AS THE FORCE MAJEURE EVENT DUE TO DROUGHT AND FROM AUGUST 2019 TILL OCTOBER 2019 AS FLOOD SITUATION AND CONSEQUENTLY DIRECT THE RESPONDENTS NO.3 TO 5-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 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 - 3 - NC: 2025:KHC-D:7104 WP No. 104768 of 2021 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: 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 - 4 - NC: 2025:KHC-D:7104 WP No. 104768 of 2021 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. 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. - 5 - NC: 2025:KHC-D:7104 WP No. 104768 of 2021 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. 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