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2025 DAILYLAW 54771 (KAR)

M/S MICRO LABS LIMITED v. STATE OF KARNATAKA

WP/26925/2025 · 2025-09-09

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35507 WP No. 26925 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 26925 OF 2025 (GM-KEB) BETWEEN: M/S MICRO LABS LIMITED (A PUBLIC LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND CURRENTLY OPERATING UNDER THE COMPANIES ACT, 2013) HAVING ITS REGISTERED OFFICE AT NO. 31, RACE COURSE ROAD, BENGALURU - 560001 REPRESENTED BY ITS ASSISTANT MANAGER- LEGAL AND AUTHORIZED SIGNATORY MS. VAISHALI KABRA. AGED ABOUT 27 YEARS …PETITIONER (BY SRI SANJEEVINI PRABHULING NAVADGI, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF ENERGY VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560 001. 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REP BY ITS DEPUTY GENERAL MANAGER (PROJECTS) HAVING ITS REGISTERED OFFICE AT KAVERI BHAVAN, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35507 WP No. 26925 of 2025 KEMPEGOWDA ROAD, BENGALURU 560 009. 3. GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED REP BY ITS CHIEF ENGINEER (ELE.), OPERATIONS HAVING ITS REGISTERED OFFICE LOCATED AT STATION MAIN ROAD, KALABURAGI-585 101. 4. KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED REPRESENTED BY ITS MANAGING DIRECTOR HAVING ITS OFFICE AT NO.39, BHARATH SCOUTS AND GUIDES BUILDING. OPP. THE CHIEF POST MASTER GENERAL OFFICE, PALACE ROAD, BENGALURU 560 001. 5. STATE LOAD DISPATCH CENTRE KARNATAKA REPRESENTED BY ITS CHIEF ENGINEER (ELECTRICITY) HAVING ITS OFFICE AT KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, A.R. CIRCLE, BENGALURU 560 009 …RESPONDENTS (BY SRI SHAHBAAZ HUSSAIN, ADVOCATE FOR R2 & R5; SRI BHOJEGOWDA T. KOLLER, AGA FOR R1; SRI PRASHANTH T., ADVOCATE FOR R3; SRI SAMARTH KASHYAP, ADVOCATE FOR R4) THIS WP IS FILED PRAYING TO-DIRECT THE RESPONDENT TO CONSIDER THE REQUEST MADE BY THE PETITIONER IN THE REPRESENTATION MADE TO RESPONDENT NO. 5 DATED 23.07.2025 BEARING NO. MLL/WIND PROJECT/003-2025 VIDE ANNEXURE-Z IN ACCORDANCE WITH LAW AND PASS SUITABLE ORDERS WITHIN A TIME SPAN PRESCRIBED BY THIS HONORABLE COURT. - 3 - HC-KAR NC: 2025:KHC:35507 WP No. 26925 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Writ petition is filed seeking for writ of mandamus directing respondent no.1 to consider petitioner's representation dated 23.07.2025 at Annexure-Z, in accordance with law, within time limit. 2. Ms Sanjiveeni Prabhuling Navadgi, learned counsel for petitioner submitted, petitioner has established Wind Power Generation Project of 10 MW at various villages of Lingasuguru and Manvi Taluks. For said purpose, Wheeling and Banking Agreement ('WBA' for short) was executed on 31.10.2023. It was submitted for regulating WBA, KERC had framed (Terms and Conditions for Green Energy Open Access) Regulations, 2022 ('2022 - Regulations', for short). Said regulations were struck down by this Court in W.P.no.11235/2024 and connected matters disposed of on 20.12.2024. Thereafter, though respondents had framed KERC (Terms and conditions for Open Access) Regulations, 2025 ('2025 - Regulations', for - 4 - HC-KAR NC: 2025:KHC:35507 WP No. 26925 of 2025 short), same were stayed by this Court in WP no.201341/2025. In view of above, petitioner had filed representation seeking for execution of fresh WBA under acknowledgement as per Annexure-Z, to respondents no.2 and 5. Same had remained without consideration constraining petitioner to approach this Court for relief. On above grounds sought for allowing writ petition. 3. Sri Bhojegowda T Koller, learned Additional Government Advocate for respondents no.1; Sri Shahabaaz Hussain, learned counsel for respondent no.2 and 5; Sri Prashanth T for respondent no.3 and Sri Samarth Kashyap, learned counsel for respondent no.4, opposed writ petition. Counsel for respondents no.2 and 5, however submitted, in case, petitioner's representation is pending consideration and same would be considered in accordance with law and result would be intimated to petitioner. 4. Heard learned counsel and perused material on record. - 5 - HC-KAR NC: 2025:KHC:35507 WP No. 26925 of 2025 5. From above, only relief sought is writ of mandamus directing respondents to consider petitioner's representation at Annexure-Z and same as per submission of learned counsel for respondents no.2 to 5 is pending. Therefore, it would be appropriate to dispose of writ petition with direction to respondents no.4 and 5 to consider petitioner's representation dated 23.07.2025 at Annexure-Z in accordance with law within a period of 4 weeks from today and intimate result of consideration to petitioners. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 53