- 1 - HC-KAR NC: 2026:KHC:19973 WP No. 2732 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2732 OF 2026 (GM-RES) BETWEEN: DISTRIBUTED SOLAR POWER ASSOCIATION HAVING ITS OFFICE AT A-57, DDA SHEDS, OKHA INDUSTRIAL, PHASE-II, NEW DELHI-110020 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MS. JYOTSNA KHATRI LEGAL HEAD OF THE ASSOCIATION EMAIL ID- JKHATRI@AMPIN.ENERGY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT. …PETITIONER (BY SRI. UDAY HOLLA, SR. ADVOCATE FOR SRI. SHESHA KARTHIK M REDDY, ADVOCATE) AND: 1. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF POWER AND NEW AND RENEWABLE ENERGY, BLOCK NO. 14, CGO COMPLEX, LODHI ROAD, NEW DELHI 110003 EMAIL ID- UOIDHC@GMAIL.COM MOHAMMEDMUQEEM@GMAIL.COM Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19973 WP No. 2732 of 2026 2. INDIAN SOLAR MANUFACTURERS ASSOCIATION THROUGH ITS SECRETARY GENERAL 2A-113, WEWORK, ELDECO CENTRE, MALVIYA NAGAR NEW DELHI - 110017 (INDIA) EMAIL:SG@ISMA.SOLAR REPRESENTED BY ITS AUTHORISED SIGNATORY SHRI AMIT MANOHAR AGED ABOUT 39 YEARS …RESPONDENTS (BY SRI. ARAVIND KAMATH, ASG FOR SRI. GOWTHAMDEV C.ULLAL, ADVOCATE FOR R1 SRI. PRASHANTH SABARISH SHIVADASS, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION, INCLUDING A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO. 1 TO EXTEND PARITY-BASED DISPENSATION FROM ALMM LIST-II (CELLS) TO PRIVATE OA AND NM RENEWABLE ENERGY PROJECTS, ON THE SAME FOOTING AS RENEWABLE ENERGY PROJECT AWARDED UNDER THROUGH COMPETITIVE BIDDING GUIDELINES ISSUED UNDER SECTION 63 OF ELECTRICITY ACT. (B) DECLARE THAT ALMM LIST-II SHALL NOT APPLICABLE TO OPEN ACCESS AND NET- METERING RENEWABLE ENERGY PROJECTS WHERE THE FIRST APPLICATION FOR GRANT OF IN-PRINCIPLE APPROVAL, NO OBJECTION CERTIFICATE, GOVERNMENT ORDER, CONNECTIVITY APPROVAL, OR ANY OTHER REQUISITE STATUTORY APPROVAL WAS MADE PRIOR TO THE CUT-OFF DATE OF 31.08.2025, TO ANY COMPETENT AUTHORITY AS STATED IN ANNEXURE-Z, DATED 12.08.2025. (C) QUASH AND SET ASIDE THE IMPUGNED OFFICE MEMORANDUMS DATED 28.07.2025, AND THE 12.08.2025, ISSUED BY MNRE TO THE EXTENT THEY DENY SUCH PARITY AND TRANSITIONAL PROTECTION TO PRIVATE OA AND NM PROJECTS, VIDE ANNEXURE X & Z. (D) DIRECT THE RESPONDENTS TO - 3 - HC-KAR NC: 2026:KHC:19973 WP No. 2732 of 2026 CONSIDER AND DECIDE THE REPRESENTATIONS SUBMITTED BY THE PETITIONER ASSOCIATION IN A FAIR, REASONED AND TIME-BOUND MANNER, CONSISTENT WITH THE PRINCIPLES OF EQUALITY, LEGITIMATE EXPECTATION AND PROPORTIONALITY, AS STATED IN ANNEXURE AA & AB DATED 05.08.2025 AND 06.10.2025. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Heard the learned Senior Counsel and the learned Additional Solicitor General substantially. 2. This Court, having heard the submissions of the learned Additional Solicitor General appearing for the respondents, is of the considered view that the reliefs sought in prayers (b) and (c) involve intricate questions which necessitate a full-fledged adjudication on merits. In that view of the matter, this Court is not inclined to grant any interim indulgence insofar as the said prayers are concerned at this stage. - 4 - HC-KAR NC: 2026:KHC:19973 WP No. 2732 of 2026 3. At this juncture, learned Senior Counsel appearing for the petitioner would submit that, without prejudice to the rights and contentions urged in the present writ petitions, the petitioner–Association as well as its individual members may be permitted to approach the competent authority by way of appropriate representations seeking extension of time, on a case-to-case basis, in accordance with the governing policy framework. 4. In response to the said submission, the learned Additional Solicitor General, on instructions, fairly submits that in the event such representations are submitted either by the Association or by the individual members, the competent authority shall consider the same strictly in accordance with the applicable policy, rules, and governing guidelines, and in an objective and time-bound manner. 5. Recording the aforesaid submissions made on both sides, and without expressing any opinion on the - 5 - HC-KAR NC: 2026:KHC:19973 WP No. 2732 of 2026 merits of the rival contentions, these writ petitions are disposed of with the following direction; (a) liberty is reserved to the petitioner–Association and its individual members to submit detailed representations before the competent authority seeking extension and/or exemption of time. (b) If such representation(s) are submitted, the competent authority shall consider and dispose of the same expeditiously, in accordance with law, and in any event within an outer limit of five (5) weeks from the date of receipt of such representation(s). (c) It is, however, made clear that the petitioner’s right to agitate and prosecute prayers (b) and (c) is kept open and in abeyance. In the event the petitioner or its members are aggrieved by any decision or action taken by the competent authority pursuant to such representations, it is open to them to avail appropriate remedies in - 6 - HC-KAR NC: 2026:KHC:19973 WP No. 2732 of 2026 accordance with law, including by approaching this Court. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 61