- 1 - HC-KAR NC: 2025:KHC:31550 WP No. 26590 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 26590 OF 2024 (GM-KEB) BETWEEN: SUNVIK STEELS PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 23, 3RD FLOOR, MES ROAD, BAHUBALI NAGAR, JALAHALLI VILLAGE, BENGALURU - 560 013 REPRESENTED BY ITS DIRECTOR HARISH RAMAKRISHNA. …PETITIONER (BY SMT. AISVARYA CHANDRAN, ADVOCATE FOR SRI. SHRIDHAR PRABHU.,ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF POWER AND NEW AND RENEWABLE ENERGY, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI - 110 001 MAIL SECY-MNRE@NIC.IN CONTACT 20849010 (REPRESENTED BY ITS SECRETARY) 2. STATE OF KARNATAKA DEPARTMENT OF ENERGY, ROOM NO.236, 2ND FLOOR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31550 WP No. 26590 of 2024 VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001 PRS- ENERGY@KARNATAKA.GOV.IN (REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT) 3. KARNATAKA ELECTRICITY REGULATORY COMMISSION - KERC A REGULATORY BODY ESTABLISHED UNDER SECTION 19 OF THE KARNATAKA ELECTRICITY REFORMS ACT, 1999 OFFICE NO 16C-1, MILLERS ROAD, KAVERAPPA LAYOUT, VASANTHA NAGAR, BENGALURU 560052. CONTACT 080 22268663 CHAIRMANKERC@KARNATAKA.GOV.IN (REPRESENTED BY ITS CHAIRMAN) 4. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) A GOVERNMENT COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 KAVERI BHAVAN, PALACE ROAD, BENGALURU - 560 009 (REPRESENTED BY ITS MANAGING DIRECTOR) 5. STATE LOAD DISPATCH CENTER, MANAGED POWER BY KARNATAKA TRANSMISSION CORPORATION LIMITED A NODAL AGENCY ESTABLISHED UNDER SECTION 31 OF THE ELECTRICITY ACT 2003, HAVING ITS OFFICE AT SLDC, RACECOURSE CROSS ROAD, ANAND RAO CIRCLE, BENGALURU - 560009 - 3 - HC-KAR NC: 2025:KHC:31550 WP No. 26590 of 2024 E-MAIL CEELDCKPTCL@YAHOO.COM REPRESENTED BY ITS CHIEF ENGINEER 6. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), A GOVERNMENT COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT CORPORATE OFFICE K.R. CIRCLE, BENGALURU - 560001 E-MAIL MD@BESCOM.CO.IN REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SMT. M.R.SINCHANA, CGC FOR R1; SMT. VAHEEDA, AGA FOR R2; SRI. B.N.PRAKASH, ADVOCATE FOR R3; SRI.SHAHBAAZ HUSAIN, ADVOCATE FOR R4 TO R6.) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED THE ELECTRICITY (PROMOTING RENEWABLE ENERGY THROUGH GREEN ENERGY OPEN ACCESS) RULES, 2022, NOTIFIED IN THE OFFICIAL GAZETTE DATED 6TH JUNE 2022 ISSUED BY THE R1 UNION PRODUCED AT ANNEXURE-A, AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 4 - HC-KAR NC: 2025:KHC:31550 WP No. 26590 of 2024 ORAL ORDER 1. Writ Petition is filed for following reliefs – A. Issue a Writ of Certiorari or any other appropriate writ, order or direction to quash the Impugned 'The Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022, notified in the official Gazette dated 06th June 2022 issued by the 1st Respondent Union produced at ANNEXURE - A B. Issue a Writ of Certiorari or any other appropriate writ, order or direction to quash the impugned 'The Karnataka Electricity Regulatory Commission (Terms and Conditions for Green Energy Open Access) Regulations, 2022, notified in the official Gazette dated 12.01.2023 bearing No.KERC-1-CON-2022-23/910/2206 issued by the 3rd Respondent KERC produced at ANNEXURE-B; C. Issue a Writ of Certiorari or any other appropriate writ, order or direction to quash the 'Letter bearing No. KERC-7-CON-2022- 23/1276 dated 6TH April 2023 issued by the 3RD Respondent KERC produced at ANNEXURE – C; - 5 - HC-KAR NC: 2025:KHC:31550 WP No. 26590 of 2024 D. Issue a Writ of Certiorari or any other appropriate writ, order or direction to quash the impugned tariff Order of 4th Respondent KPTCL dated 12th May 2023 titled 'Annual Performance Review For FY22 & Approval Of Annual Revenue Requirement & Revision of Transmission Tariff For FY24', passed by the 3rd Respondent KERC produced at ANNEXURE-D, in so far as it relates to levying of fee and charges purportedly collected from Petitioner; E. Issue a Writ of Certiorari or any other appropriate writ, order or direction to quash the Order dated 8th June 2023 titled 'In the matter of implementation of the KERC (Terms and Conditions for Green Energy Open Access) Regulations, 2022' passed by the 3rd Respondent KERC produced at ANNEXURE-E, in so far as it relates to levying of fee and charges purportedly to be levied on the Petitioner, F. Issue a Writ of Certiorari or any other appropriate writ, order or direction to quash the Order dated 07TH August 2023 titled "In the matter of Wheeling Charges and Banking Facility for Renewable Power Projects" produced at ANNEXURE-F, in so far as it relates to levying of fee and - 6 - HC-KAR NC: 2025:KHC:31550 WP No. 26590 of 2024 charges purportedly to be levied on the Petitioner; G. Issue a Writ of Certiorari or any other appropriate writ, order or direction to quash the Order dated 04th March 2024 titled 'Suo-moto order with regard to imposition of charges to be collected from existing open access consumers under the KERC (Terms and Conditions for Green Energy Open Access) Regulations, 2022 passed by the 3rd Respondent KERC produced at ANNEXURE -G, in so far as it relates to levying of fee and charges purportedly to be levied on the Petitioner; H. Issue a Writ of Certiorari or any other appropriate writ, order or direction to quash the impugned Tariff Order of the 4th Respondent titled Annual Performance Review For FY23, Revision of Annual Revenue Requirement for Fy25 & Revision of Transmission Tariff for FY25' dated 28th February 2024, passed by the 3rd Respondent KERC produced at ANNEXURE - H, in so far as it relates to levying of fee and charges purportedly collected from Petitioner, I. Issue a Writ of Certiorari or any other appropriate writ, order or direction to quash - 7 - HC-KAR NC: 2025:KHC:31550 WP No. 26590 of 2024 the impugned Demand Notices bearing No. CEE / SLDC/SEE/TBC/EE-1/ΑΕΕ-1/434-35 dated 04th April, Notice bearing No. CEE/SLDC/SEE/TBC/EE1/ΑΕΕ-1/806-08 dated 10th April 2024, notice bearing No. CEE / SLDC/SEE/TBC/ΕΕ-1/ΑΕΕ-1/3324-25 and CEE /SLDC/SEE/TBC/EE-1/ΑΕΕ-1/3293- 95 dated 30TH April 2024 issued by the 4th Respondent KPTCL which is more fully described in the SCHEDULE-I and collectively produced at ANNEXURE J to J3 (Collectively); J. Issue a Writ of Mandamus or any other appropriate writ, order or direction to the 4th Respondent KPTCL and 5th Respondent SLDC to refund the charges collected from the Petitioner under protest, amounting to INR 1,30,18,269/- [INR One Crore Thirty Lakhs Eighteen Thousand Two Hundred and Sixty Nine ] more fully described in the SCHEDULE - II hereunder with 1% interest per month, compounded monthly, from the date of payment till the actual realization.” 2. Learned counsel for petitioner has filed a Memo stating that subject matter of Writ Petition would be covered by decision of this Court in W.P. - 8 - HC-KAR NC: 2025:KHC:31550 WP No. 26590 of 2024 no.11235/2024 and connected matters disposed of on 20.12.2024. 3. A copy of order is produced along with Memo. 4. Learned counsel for respondents agree. 5. Taking note of same, this Writ Petition is disposed of in terms of order passed by this Court in W.P. no.11235/2024 and connected matters disposed of on 20.12.2024. In view of disposal of petition, pending interlocutory applications, if any, stand disposed of. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 12