- 1 - HC-KAR NC: 2026:KHC:30797 WP No. 10904 of 2017 C/W WP No. 56793 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 10904 OF 2017 (GM-RES) C/W WRIT PETITION NO. 56793 OF 2016 (GM-RES) IN WP No.10904/2017 BETWEEN: 1. M/S NEOSOLARFARMETCH PRIVATE LIMITED HAVING ITS OFFICE AT NO.212, AVANI HILLTOP, BETTAHOSAHALLI, MADERAHALLI POST, KOLAR - 563 101 REPRESENTED BY ITS DIRECTOR MR. M.A.N. KUMAR. 2. M/S BALLYHOO PRIVATE LIMITED HAVING ITS OFFICE AT NO.43/2-3, ANNEX, 2ND FLOOR, H.B.SAMAJA ROAD, BASAVANAGUDI, BENGALURU-560 004 REPRESENTED BY ITS DIRECTOR, MR.M.A.NAGENDRA KUMAR. 3. M/S JUMBO RENEWABLES PRIVATE LIMITED HAVING ITS OFFICE AT NO.202, 2ND FLOOR, 677/29 SRI GOWRI PEARLS, 12TH CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU-560 082 REPRESENTED BY ITS DIRECTOR, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30797 WP No. 10904 of 2017 C/W WP No. 56793 of 2016 MR. AMARNARAYANA GUPTA. 4. M/S. SUNDAY SOLAR PRIVATE LIMITED HAVING OFFICE AT NO.129, OLD POST OFFICE ROAD, KOLAR-563 101 REPRESENTED BY ITS DIRECTOR, MR.M.A.NAGENDRA KUMAR. …PETITIONERS (BY SRI. SUNIL P P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, ENERGY DEPARTMENT, VIDHANASOUDHA, BENGALURU-560 001. 2. THE EXECUTIVE ENGINEER (ELC.) C, O AND M DIVISION, BESCOM, CHIKBALLAPUR - 561 207. 3. THE ASSISTANT EXECUTIVE ENGINEER (ELE) O AND M SUB DIVISION, BESCOM, BAGEPALLI, CHIKBALLAPUR DISTRICT-561 207. 4. THE SECRETARY THE KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH AND 7TH FLOOR, MAHALAXMI CHAMBERS, NO.9/2, M.G.ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SRINIVAS KUMAR., HCGP FOR R1; SRI. SUMANA NAGANANDA., ADVOCATE FOR R2 & R3 AND R4) - 3 - HC-KAR NC: 2026:KHC:30797 WP No. 10904 of 2017 C/W WP No. 56793 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICIAL MEMORANDA PASSED BY THE R-2 ALL DATED 05.07.2016 VIDE ANNEX-L, L1 TO L11] IN RESPECT OF THE POWER PURCHASE AGREEMENT/S ENTERED INTO BETWEEN THE BESCOM AND THE PETITIONERS HEREIN AND ETC. IN WP NO. 56793/2016 BETWEEN: 1. SMT. VINODA LAKSHMAMMA W/O SRI HANUMANTHA REDDY, AGED ABOUT 50 YEARS, R/AT HUNASENAHALLY, MELYA POST, GOWRIBIDANUR TALUK, CHIKBALLAPUR DISTRICT. 2. SRI M GOVINDA REDDY S/O SRI ANJINA REDDY, AGED ABOUT 65 YEARS, R/AT HUNASENAHALLY, MELYA POST, GOWRIBIDANUR TALUK, CHIKBALLAPUR DISTRICT. 3. SRI GIRISH REDDY S/O SRI RAJA GOPALA REDDY, AGED ABOUT 20 YEARS, R/AT HUNASENAHALLY, MELYA POST, GOWRIBIDANUR TALUK, CHIKBALLAPUR DISTRICT. ...PETITIONERS (BY SRI. ASHOK B PATIL.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, - 4 - HC-KAR NC: 2026:KHC:30797 WP No. 10904 of 2017 C/W WP No. 56793 of 2016 VIDHANA SOUDHA, BENGALURU-560 001. 2. THE EXECUTIVE ENGINEER(ELE) BESCOM, CHIKKABALLAPUR - 562 101. 3. THE ASSISTANT EXCUTIVE ENGINEER(V) C,O & M SUB DIVISION, GOWRIBIDANUR SUB-DIVISION, BESCOM, CHIKKABALLAPUR - 562 101. 4. THE GENERAL MANAGER DSM, CORPORATE OFFICE, NO-001, GROUND FLOOR, BLOCK-2, BESCOM, K.R.CIRCLE, BENGALURU-560 001. 5. MANAGING DIRECTOR BESCOM, CORPORATE OFFICE, BESCOM, K.R.CIRCLE, BENGALURU - 560 001. ...RESPONDENTS (BY SRI. SRINIVAS KUMAR, HCGP FOR R1; SRI. RAKESH BHATT., ADVOCATE FOR R2; R3 TO R5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICIAL MEMORANDA PASSED BY THE R-2 DATED 05.07.2016 [ANNEXURE-F] IN RESPECT OF THE POWER PURCHASE AGREEMENT OF P-1 QUASH THE OFFICIAL MEMORANDA PASSED BY THE R-2 DATED 05.07.2016 [ANNEXURE-G] IN RESPECT OF THE POWER PURCHASE AGREEMENT OF P-2 AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 5 - HC-KAR NC: 2026:KHC:30797 WP No. 10904 of 2017 C/W WP No. 56793 of 2016 ORAL ORDER Petitioners who had entered into Power Purchase Agreements with respondents-Bescom are before this Court being aggrieved by the Official Memoranda dated 05.07.2016 issued by the respondent No.2, by which the Power Purchase Agreements, have allegedly been cancelled without even purportedly issuing any notice or conducting any inquiry. 2. Learned counsel for the respondents-authority submits that in the similar and identical matter the Coordinate Bench of this Court in W.P.No.2114/2017 had quashed the official memoranda reserving liberty to respondent Nos.2 and 3 to issue fresh show cause notice and to consider the reply of the petitioners thereafter and to pass appropriate orders. He submits that if similar order is passed in these matters, the respondents-authorities would consider the same. 3. Submission is placed on record. 4. The order dated 19.03.2025 passed by the Coordinate Bench of this Court in W.P.No.2114/2017 read as under; - 6 - HC-KAR NC: 2026:KHC:30797 WP No. 10904 of 2017 C/W WP No. 56793 of 2016 "2. The grievance of the petitioner is that without issuing any show cause notice and provide an opportunity to the petitioner to reply thereto. The power purchase agreement entered into between the petitioner and respondents No.2 and 3 have been cancelled by respondents No.2 and 3 on account of violations alleged to have been made by the petitioner. 3. A perusal of the Annexure-J, J1 to J3 does not indicate any show cause notice having been issued or opportunity having been provided to the petitioner to reply to any allegations made by respondents No.2 and 3. In that view of the matter, I pass the following; ORDER i. The writ petition is allowed. ii. the Official Memoranda bearing No.KaNilm/SaKaNilm(KA)/ChiBaPu/TaaSa3/16-17/CYS-31 (RR.No.GP-1050), No.KaNilm/SaKaNilm(KA)/ChiBaPu/ TaaSa3/16-17/CYS-31 (RR.No.GP-1051), No.KaNilm/SaKa Nilm (KA)/ChiBaPu/TaaSa3/16-17/ CYS- 31 (RR.No.GP-1052). No.KaNilm /SaKaNilm (KA)/ChiBaPu/TaaSa3/16-17/CYS-31 (RR.No.GP-1053) passed by respondent No.2 all dated 05.07.2016 at Annexure-J, J1 to J3 are quashed. iii. Liberty is reserved to the respondents No.2 and 3 to issue fresh show cause notice, consider the reply submitted by the petitioner and thereafter pass appropriate orders. iv. The quashing of Annexure-J, J1 to J3 will not any manner revive the power purchase agreement, the same shall be subject to the result of the orders to be passed on the show cause notice." 5. The facts in these cases are also similarly situated and the impugned endorsements are produced at Annexures-L, L1 to L11 in W.P.No.10904/2017 and Annexures -F, G and H in - 7 - HC-KAR NC: 2026:KHC:30797 WP No. 10904 of 2017 C/W WP No. 56793 of 2016 W.P.No.56793/2016cancelling the purported agreements between the petitioners and the respondent-Bescom. 6. Since the facts are identical and similar to the one subject matter of the W.P.No.2114/2017, the same order is passed. 7. Accordingly, following; ORDER (i) Petitions are allowed. (ii) Consequently, the impugned endorsements dated 05.07.2016 at Annexures-L, L1 to L11 in W.P.No.10904/2017 and Annexures-F, G and H in W.P.No.56793/2016 are quashed. (iii) Respondent Nos.2 and 3 are at liberty to issue fresh show cause notice and to consider the reply submitted by the petitioners and pass appropriate orders thereafter. (iv) Quashing of Annexures-L, L1 to L11 in W.P.No.10904/2017 and Annexures-F, G and H in W.P.No.56793/2016 will not in any manner revive the - 8 - HC-KAR NC: 2026:KHC:30797 WP No. 10904 of 2017 C/W WP No. 56793 of 2016 power purchase agreements, the same shall be subject to the result of the orders to be passed on the show cause notice. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 39