M/S. MEGAWATT ENERGY PRIVATE LIMITED v. STATE OF KARNATAKA
WP/28633/2025 · 2026-06-01
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18851 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18851 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25535 WP No. 28633 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28633 OF 2025 (GM-RES)
BETWEEN:
M/S. MEGAWATT ENERGY PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 AND HAVING ITS OFFICE AT NO.2, 1ST FLOOR QUEENS ROAD CROSS, NEAR CONGRESS COMMITTEE OFFICE, BENGALURU-560052 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR JEROS F BHOJA
…PETITIONER
(BY SRI. VIKHAR AHMED B.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF ENERGY ROOM NO.236 2ND FLOOR VIKASA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU-560001 (REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT)
2.
KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED (KREDL) NO.6/13/1, 10TH BLOCK, 2ND STAGE
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25535 WP No. 28633 of 2025
NAGARBHAVI 560072 (REPRESENTED BY ITS MANAGING DIRECTOR)
…RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1;
SRI. PIYUSH KUMAR JAIN.D., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENT TO CONSIDER THE APPLICATION FOR SOLAR POWER PLANT DTD 17.02.2021 FILED BY THE PETITIONER VIDE ANNX-A IN A TIME BOUND MANNER AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER
1. The Petitioner is before this court seeking for the following reliefs: a) Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent to consider the application for Solar Power Plant dated 17.02.2021 filed by the Petitioner vide Annexure-H in a time bound manner.
b) Pass such other orders as this Hon’ble Court deem fit in the facts and circumstances of this petition, in the interests of justice and equity.
2. The petitioner claims to be a company registered under the provisions of the Companies Act, 1956, engaged in the business of establishing solar parks.
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HC-KAR NC: 2026:KHC:25535 WP No. 28633 of 2025
The petitioner proposed to set up a 30 megawatt private solar park in Madhugiri Taluk, Tumkur District. The petitioner was called upon to make payment of facilitation fee which the petitioner paid on 17.11.2019, despite which no government order was issued.
3. The 2nd respondent affirmed that the proposal was recommended to the Energy Department, despite which no action has been taken. The petitioner submitted a representation vide a notice dated 17.02.2021 at Annexure H.
4. The petitioner is before this court contending that the said representation has not been acted upon despite such a long lapse of time.
5. It is trite that whenever any representation is submitted by a citizen or an entity carrying on its business in India, it is for the Respondent-State Authority is to consider the same and pass necessary orders within a reasonable period of time either accepting or rejecting the request made. In the present case, the representation having been made on 17.02.2021, till date there is no order passed thereon for more than 5 years. In that background, I pass the following:
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HC-KAR NC: 2026:KHC:25535 WP No. 28633 of 2025
ORDER
1. The petition is allowed, a mandamus is issued.
2. Respondent is directed to consider the application of the petitioner dated 07.02.2021 as per the law applicable and pass necessary orders within a period of eight weeks.
3. It is made clear that this court has not expressed any opinion on the entitlement of the petitioner. It is for the respondents to consider the same as per the applicable law.
SD/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 70