M/S PURVAH CLEANTECH POWER PRIVATE LIMITED v. STATE OF KARNATAKA
WP/20414/2026 · 2026-09-30
C M Poonacha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 45129 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45129 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010166282026 NC: 2026:KHC:54505 WP No. 7586 of 2026 C/W WP No. 20414 of 2026 WP No. 21094 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 7586 OF 2026 (GM-RES) C/W WRIT PETITION NO. 20414 OF 2026 (GM-RES) WRIT PETITION NO. 21094 OF 2026 (GM-RES)
IN WP No. 7586/2026
BETWEEN:
1. M/S GREENPULSE POWER PRIVATE LIMITED (COMPANY INCORPORATED UNDER COMPANIES ACT 2013) CESC HOUSE, CHOWRINGHEE SQUARE, LALBAZAR, KOLKATA, WEST BENGAL - 700 001. REPRESENTED BY ITS AUTHORISED REPRESENTATIVE HEMANTH KUMAR N
…PETITIONER (BY MS. MANASA S.,ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR STREET, BENGALURU 560001. - 2 -
HC-KAR
CNR: KAHC010166282026 NC: 2026:KHC:54505 WP No. 7586 of 2026 C/W WP No. 20414 of 2026 WP No. 21094 of 2026
2. KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED, REPRESENTED BY THE MANAGING DIRECTOR, NO. 39, SHANTI GRUHA, BHARATH SCOUTS AND GUIDES BUILDING, OPPOSITE THE CHIEF POSTMASTER GENERAL'S OFFICE, PALACE ROAD, BENGALURU 560001. 3. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF NEW AND RENEWABLE ENERGY, BLOCK-14, CGO COMPLEX LODHI ROAD, NEW DELHI - 110003. …RESPONDENTS (BY SRI. RAHUL CARIAPPA K S, AGA FOR R1 SRI. SAMARTH KASHYAP, ADVOCATE FOR R2 SRI. GOWTHAMDEV C ULLAL, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OF LIKE NATURE OR DIRECTION DECLARING THAT CLAUSES 6.1(b) AND 6.1(c), 6.2 AND 7.2 OF THE KARNATAKA RENEWABLE ENERGY POLICY (2022-27) READ WITH GOVERNMENT OF KARNATAKAS NOTIFICATION DATED 27.02.2023 AMENDING THE KARNATAKA RENEWABLE ENERGY POLICY (2022-27) AT ANNEXURE-A AND ANNEXURE-B, ISSUED BY DEPARTMENT OF ENERGY- GOVERNMENT OF KARNATAKA ARE ILLEGAL, ARBITRARY, ULTRA VIRES THE CONSTITUTION OF INDIA AND THE ELECTRICITY ACT, 2003. IN WP NO. 20414/2026
BETWEEN:
1. M/S PURVAH CLEANTECH POWER PRIVATE LIMITED (COMPANY INCORPORATED UNDER COMPANIES ACT 2013)
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CNR: KAHC010166282026 NC: 2026:KHC:54505 WP No. 7586 of 2026 C/W WP No. 20414 of 2026 WP No. 21094 of 2026
24, LORD SINHA ROAD, FIRST FLOOR, MIDDLETON ROW, KOLKATA, WEST BENGAL 700 071. REPRESENTED BY ITS AUTHORISED REPRESENTATIVE HEMANTH KUMAR N. ...PETITIONER (BY SRI. DEEP RAO PALEPU.,ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, DR.
B.R. AMBEDKAR STREET, BENGALURU 560001. 2. KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED, REPRESENTED BY THE MANAGING DIRECTOR, NO.39, SHANTI GRUHA, BHARATH SCOUTS AND GUIDES BUILDING, OPPOSITE THE CHIEF POSTMASTER GENERAL'S OFFICE, PALACE ROAD, BENGALURU 560001. 3. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF NEW AND RENEWABLE ENERGY, BLOCK-14, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110003. ...RESPONDENTS (BY SRI. RAHUL CARIAPPA K S, AGA FOR R1 SRI. SAMARTH KASHYAP.,ADVOCATE FOR R2 SRI. MAHESH ARKALGUD SRIKANTH, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OF LIKE NATURE OR DIRECTION DECLARING THAT CLAUSES 6.1(B) AND 6.1(C), 6.2 AND 7.2 OF THE KARNATAKA RENEWABLE
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CNR: KAHC010166282026 NC: 2026:KHC:54505 WP No. 7586 of 2026 C/W WP No. 20414 of 2026 WP No. 21094 of 2026
ENERGY POLICY (2022-27) READ WITH GOVERNMENT OF KARNATAKAS NOTIFICATION DATED 27.02.2023 AMENDING THE KARNATAKA RENEWABLE ENERGY POLICY (2022-27) AT ANNEXURE A AND ANNEXURE B, RESPECTIVELY, ARE ILLEGAL, ARBITRARY, ULTRA VIRES THE CONSTITUTION OF INDIA AND THE ELECTRICITY ACT, 2003. IN WP NO. 21094/2026
BETWEEN:
1. GMR KARNATAKA RENEWABLE ENERGY-I LIMITED (COMPANY INCORPORATED UNDER COMPANIES ACT 2013) LEVEL 5AND6, JMD REGENT SQUARE, MG ROAD, DLF QE, GURGAON, HARYANA 122002. CORPORATE OFFICE AT NEW SHAKTI BHAWAN, BUILDING NO. 302, NEW UDAAN BHAWAN COMPLEX, OPPOSITE TERMINAL 3, IGI AIRPORT, NEW DELHI 110037. REPRESENTED BY THE AUTHORISED SIGNATORY MR. NAGESH SAYAM ...PETITIONER (BY SRI. DEEP RAO PALEPU.,ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR STREET, BENGALURU 560001. 2.
KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED, REPRESENTED BY THE MANAGING DIRECTOR,
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CNR: KAHC010166282026 NC: 2026:KHC:54505 WP No. 7586 of 2026 C/W WP No. 20414 of 2026 WP No. 21094 of 2026
NO.39, SHANTI GRUHA, BHARATH SCOUTS AND GUIDES BUILDING, OPPOSITE THE CHIEF POSTMASTER GENERAL'S OFFICE, PALACE ROAD, BENGALURU 560001. 3. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF NEW AND RENEWABLE ENERGY, BLOCK-14, CGO COMPLEX LODHI ROAD, NEW DELHI - 110003. ...RESPONDENTS (BY SRI. MAHESH ARKALGUD SRIKANTH.,ADVOCATE FOR R3 SRI. RAHUL CARIAPPA K S, AGA FOR R1 SRI. SAMARTH KASHYAP, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OF LIKE NATURE OR DIRECTION DECLARING THAT CLAUSES 6.1(B) AND 6.1(C), 6.2 AND 7.2 OF THE KARNATAKA RENEWABLE ENERGY POLICY (2022-27) BEARING NO. ENERGY/209/VSC/2021 DATED 16.04.2022 AT ANNEXURE A AND ALSO GOVERNMENT OF KARNATAKA'S NOTIFICATION BEARING NO. ENERGY/507/VSC/2022 DATED 27.02.2023 AMENDING THE KARNATAKA RENEWABLE ENERGY POLICY (2022-27) AT ANNEXURE B ISSUED BY RESPONDENT NO.1, RESPECTIVELY, ARE ILLEGAL, ARBITRARY, ULTRA VIRES THE CONSTITUTION OF INDIA AND THE ELECTRICITY ACT, 2003. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR.
JUSTICE C.M. POONACHA
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CNR: KAHC010166282026 NC: 2026:KHC:54505 WP No. 7586 of 2026 C/W WP No. 20414 of 2026 WP No. 21094 of 2026
ORAL ORDER
The present writ petitions are filed seeking for the following reliefs: In WP No. 7586 of 2026
"a) Issue a writ of Certiorari or any other appropriate writ of like nature or direction declaring that Clauses 6.1(b) & 6.1 (c), 6.2 and 7.2 of the Karnataka Renewable Energy Policy (2022 - 27) read with Government of Karnataka's notification dated 27.02.2023 amending the Karnataka Renewable Energy Policy (2022- 27) at ANNEXURE A and ANNEXURE B,Issued by Department of Energy respectively, Government of karnataka are illegal, arbitrary, ultra vires the Constitution of India and the Electricity Act, 2003; (b) Issue a writ of Certiorari or any other appropriate writ of like nature or direction quashing and setting aside Clauses 6.1(b) & 6.1(c), 6.2 and 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), insofar as they are sought to be made applicable to the Petitioner's 250 MW wind energy Project in the State of Karnataka;
(c) Issue a writ of Mandamus or any other appropriate writ of like nature or direction directing the Respondent Nos.
1 and 2 to refund the application fees and processing fees already deposited by the Petitioner under Clause 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), along with interest thereon; (d) Issue a writ of Mandamus or any other appropriate writ of like nature or direction restraining the Respondents from taking any coercive steps against the Petitioner on the basis of Clauses 6.1(b) & 6.1(c), 6.2 or 7.2(b) of the Karnataka Renewable Energy Policy 2022- 2027 (as amended), including cancellation of Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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Government Orders, or denial of permissions/ approvals; and
(e) Pass such other and further orders as may be deemed just and proper in the interest of justice and equity, including costs of these proceedings."
In WP No. 20414 of 2026
"a) Issue a writ of Certiorari or any other appropriate writ of like nature or direction declaring that Clauses 6.1(b) & 6.1(c), 6.2 and 7.2 of the Karnataka Renewable Energy Policy (2022-27) read with Government of Karnataka's notification dated 27.02.2023 amending the Karnataka Renewable Energy Policy (2022-27) at ANNEXURE A and ANNEXURE B, respectively, are illegal, arbitrary, ultra vires the Constitution of India and the Electricity Act, 2003; (b) Issue a writ of Certiorari or any other appropriate writ of like nature or direction quashing and setting aside Clauses 6.1(b) & 6.1(c), 6.2 and 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), insofar as they are sought to be made applicable to the Petitioner's 350 MW Project in the State of Karnataka; (c) Issue a writ of Mandamus or any other appropriate writ of like nature or direction directing the Respondent Nos.
1 and 2 to refund the application fees and processing fees already deposited by the Petitioner under Clause 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), along with interest thereon; (d) Issue a writ of Mandamus or any other appropriate writ of like nature or direction restraining the Respondents from taking any coercive steps against the Petitioner on the basis of Clauses 6.1(b) & 6.1(c), 6.2 or 7.2(b) of the Karnataka Renewable Energy Policy 2022- 2027 (as amended), including cancellation of Government Orders, or denial of permissions/ approvals; and
(e) Pass such other and further orders as may be Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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CNR: KAHC010166282026 NC: 2026:KHC:54505 WP No. 7586 of 2026 C/W WP No. 20414 of 2026 WP No. 21094 of 2026
deemed just and proper in the interest of justice and equity, including costs of these proceedings."
In WP No. 21094 of 2026
"a) Issue a writ of Certiorari or any other appropriate writ of nature or direction declaring that Clauses 6.1(b) & 6.1(c), 6.2 and 7.2 of the Karnataka Renewable Energy Policy (2022 - 27) bearing No. ENERGY/209/VSC/2021 dated 16.04.2022 at Annexure-A, and also Government of Karnataka's notification bearing ENERGY/507/VSC/2022 dated 27.02.2023 amending the Karnataka Renewable Energy Policy (2022 27) at ANNEXURE B issued by Respondent No.1, respectively, are illegal, arbitrary, ultra vires the Constitution of India and the Electricity Act, 2003; (b) Issue a writ of Certiorari or any other appropriate writ of nature or direction quashing and setting aside Clauses 6.1(b) & 6.1(c), 6.2 and 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), insofar as they are sought to be made applicable to the Petitioner's 125.8 MW Project in the State of Karnataka vide Bearing No. ENERGY/507/VSC/2022 dated. 27.02.2023 Annexure-B; (c) Issue a writ of Mandamus or any other appropriate writ, or direction directing the Respondent Nos.
1 and 2 to refund the application fees and processing fees already deposited by the Petitioner under Clause 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), along with interest thereon vide Annexure-Y; dated: 27.5.2026 (d) Issue a writ of Mandamus or any other appropriate writ of nature or direction restraining the Respondents from taking any coercive steps against the Petitioner on the basis of Clauses 6.1(b) & 6.1(c), 6.2 or 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), including cancellation of Government Orders, or denial of permissions/approvals; and Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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CNR: KAHC010166282026 NC: 2026:KHC:54505 WP No. 7586 of 2026 C/W WP No. 20414 of 2026 WP No. 21094 of 2026
(e) Pass such other and further orders as may be deemed just and proper in the interest of justice and equity, including costs of these proceedings."
2. It is jointly submitted by the learned counsels that the decision by the Co-ordinate Bench of this Court in a batch of matters in the case of M/s. JSP Green Wind 1 Private Ltd., Vs. State of Karnataka and another1, would be applicable to the present writ petitions as well. In this context, it is pertinent to notice that the relevant portion of the judgment passed by this Court which reads as under:-
"O R D E R i. Writ Petitions are allowed in part. ii. Challenge to Karnataka Renewable Energy Policy 2022-2027 relating to (a) Clause 1.2 is rendered infructuous due to the amendment; (b) The requirement of a Government order in Clause 6.1. to begin execution of work is held to be sustainable; (c) The land usage restriction in Clause 6.2 is arbitrary only if the land is acquired or leased by the renewable
1 WP No.27996/2004 with connected matters order dated 28.08.2026 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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energy project developer. In the event the Government acquires the land and hands it over to the project developer Clause 6.2 would become applicable. Therefore, to that extent Clause 6.2 is upheld bearing in mind the observations made in the course of the order.
(d) Clause 7.2 imposing fee or charges under the Policy is read down bearing in mind the observations made in the course of the order. iii. The requirement of the Government order, thus, is upheld in the light of the aforesaid observations and restrictions. iv. The applications pending consideration shall be processed within 8 weeks bearing in mind the observations made in the course of the order. Ordered accordingly."
3. It is clear from the aforementioned that the relief sought for in the present petitions are covered under the decision by the Co-ordinate Bench as noticed above. 4. In view of the aforementioned, the present writ petitions are disposed of in the same terms as in the case of M/s. JSP Green Wind 1 Private Ltd.,1 Respondent No.2 shall consider the request made by the petitioners for refund of the application and processing fees and take a decision on the same as expeditiously as possible in any event not later than Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
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two weeks from the date of receipt of the copy of this order and intimate such consideration to the petitioner. 5. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE
Vmb List No.: 1 Sl No.: 38
Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA