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2026 DAILYLAW 13276 (KAR)

SRI SHAIK RASOOL v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM)

WP/12203/2026 · 2026-04-28

K S Hemalekha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:23774 WP No. 12203 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.12203 OF 2026 (GM-KEB) BETWEEN: SRI SHAIK RASOOL S/O. SHAIK RAHIMAN, AGED ABOUT 50 YEARS, SURVEY NO.7/3, DASARAHALLI DINNE, KODIGENAHALLI HOBLI, MADHUGIRI TALUK, TUMAKURU-572132. …PETITIONER (BY SRI SARAVANA S., ADVOCATE) AND: 1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), A GOVERNMENT OF KARNATAKA UNDERTAKING, REGISTERED OFFICE: K.R. CIRCLE, BANGALORE-560001 REPT. BY ITS GENERAL MANAGER (ELE. DSM) 2. THE EXECUTIVE ENGINEER (ELE), C, O & M DIVISION, BESCOM, MADHUGIRI, TUMAKURU-572132. 3. THE KARNATAKA ELECTRICITY REGULATORY COMMISSION (KERC), BANGALORE-560001. REP. BY ITS SECRETARY. 4. ASSISTANT EXECUTIVE ENGINEER (ELE) BANGALORE ELECTRICITY SUPPLY Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23774 WP No. 12203 of 2026 COMPANY LIMITED, KODIGENAHALLI HOBLI, MADHUGIRI TALUK, TUMKUR. (AMENDED VIDE COURT ORDER DATED 28.04.2026) …RESPONDENTS (BY SRI LIKITH R. PRAKASH, ADVOCATE FOR R-1, R-2 & R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION COMMANDING RESPONDENTS 1 AND 2 TO FORTHWITH GRANT COMMISSIONING APPROVAL FOR NET METERING CONNECTIVITY FOR THE PETITIONER' PROPERTY SITUATED AT DASARAHALLI DINNE, KODIGENAHALLI HOBLI, MADHUGIRI TALUK, WITH 13 KW SOLAR ROOFTOP PHOTOVOLTAIC (SRTPV) SYSTEM UNDER APPLICATION NO. 1000557312 AT ANNEXURE-C, DATED 23.05.2026 IN TERMS OF THE POWER PURCHASE AGREEMENT (PPA) DATED 27.01.2025 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking for the following reliefs: “A. Issue a writ of Mandamus or any other appropriate writ, order or direction commanding Respondents 1 and 2 to forthwith grant commissioning approval for Net Metering connectivity for the petitioner’ Property situated at Dasarahalli Dinne, Kodigenahalli Hobli, Madhugiri - 3 - HC-KAR NC: 2026:KHC:23774 WP No. 12203 of 2026 Taluk, with 13 kw Solar Rooftop Photovoltaic (SRTPV) system under Application No. 1000557312 at Annexure-C, dated 23.05.2025 in terms of the Power Purchase Agreement (PPA) dated 27.01.2025 as per Annexure-A. B. Issue a writ of Mandamus commanding Respondent Nos.1 and 2 to complete the synchronization and net metering commissioning process Petitioner’ Property situated at Dasarahalli Dinne, Kodigenahalli Hobli, Madhugiri Taluk, with 13 kw Solar Rooftop Photovoltaic (SRTPV) system under Application No. 1000557312 at Annexure-C, dated 23.05.2025 in terms of the Power Purchase Agreement (PPA) dated 27.01.2025 as per Annexure-A within a stipulated timeframe as directed by this Hon'ble Court; and c. Pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. The petitioner applied for installation of a 13KW Solar Rooftop Photovoltaic (SRTPV) system under the own investment scheme on 25.01.2025 through the respondents’ online portal and paid the prescribed processing fee. A Power Purchase Agreement (PPA) was - 4 - HC-KAR NC: 2026:KHC:23774 WP No. 12203 of 2026 executed on 27.01.2025, wherein respondent No.1 agreed to purchase surplus solar energy at `3.20/- per KWH. 3. It is stated that the installation was completed in compliance with the technical specifications, CEA guidelines and KERC regulations. The completion report was submitted on 12.05.2025, followed by a request approval of net metering and commissioning. Subsequently, respondent No.2 issued conditional approval dated 23.05.2025 permitting the petitioner to proceed subject to compliance requirements. 4. Despite the submission of the completition report on 26.05.2025, and the clearance letter dated 19.11.2025 issued by the General Manager, (DSM), the synchronization and commissioning process has not been completed. Hence, this petition. 5. Learned counsel for the petitioner submits that despite compliance with all requirements and approvals, - 5 - HC-KAR NC: 2026:KHC:23774 WP No. 12203 of 2026 the respondents have failed to complete the commissioning process. 6. Per contra, learned counsel for respondent Nos.1, 2 and 4 submits that the competent authority for commissioning is respondent No.4, and that the process would be completed within a stipulated time. 7. The said submission is recorded. 8. Having regard to the nature of the grievance and the limited relief sought, this Court is of the considered opinion that the ends of justice would be met by issuing a direction to complete the process within a time bound manner. Accordingly, this Court pass the following: ORDER i. The Writ Petition stands disposed of. ii. The mandamus is issued, directing respondent No.4 to consider the petitioner’s request for - 6 - HC-KAR NC: 2026:KHC:23774 WP No. 12203 of 2026 synchronization and net metering commissioning in respect of the petitioner's SRTPV system in terms of the application dated 23.05.2025 (Annexure-C) and the Power Purchase Agreement dated 27.01.2025 (Annexure-A). iii. The said exercise shall be completed within a period of two(2) weeks from the date of receipt of the copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 34