The court ruled that challenges to past decisions cannot be re-litigated in separate writ petitions if they are pending appeals, emphasizing principles of res judicata.

ORDER :

RAVI V HOSMANI, J.

WP no.9933/2025 is filed for following reliefs :

A. Declare that the Government Order No.ENERGY 82 PPT 203, BENGALURU, dated 16^th October 2023, published in the Gazette dated 20^th October 2023, along with Corrigendum dated 20^th November 2023 published in the Gazette dated 1^st December 2023, issued by the 1^st Respondent purportedly under Section 11 (1) of the ELECTRICITY ACT , 2003 is arbitrary, illegal, mala fide and colourable exercise of power and ultra vires to the provisions of ELECTRICITY ACT , 2003, as far as Inter- State Open Access generators are concerned. A true copy of Impugned Order Government Order No. ENERGY 82 PPT 203, BENGALURU, dated 16^th October 2023, published in the Gazette dated 20^th October 2023, along with Corrigendum dated 20^th November 2023 published in the Gazette dated 1^st December 2023, issued by the 1^st Respondent purportedly under Section 11 (1) of the ELECTRICITY ACT , 2003 is produced at ANNEXURE - A to A1 (Collectively);

B. Issue a Writ of Certiorari, or any other appropriate, writ, order direction, declaring Order dated 26^th November 2024 passed by 2^nd Respondent KERC in OP No. 29, 30, 31, 32 & 33 of 2023, whereby net rate of INR 4.75 per unit payable to the generators who have supplied power under Section 11(1) of the ELECTRICITY ACT , 2003, is arbitrary, discriminatory, without jurisdiction and illegal, and consequently quash the same. A true copy of Order dated 26^th November 2024 passed by 2nd Respondent KERC in OP No. 29, 30, 31, 32 & 33 of 2023, whereby net rate of INR 4.75 per unit payable to the generators who have supplied power under Section 11(1) of the ELECTRICITY ACT , 2003 is produced at ANNEXURE – B.

C. Consequentially, issue a Writ of Certiorari or any appropriate writ, order or direction quashing demand notices issued by the Respondent ESCOMS, (more fully described in the SCHEDULE 1, hereunder), demanding the Petitioners to pay the alleged differential amount, in compliance of the impugned Order dated 26^th November 2024. True copies of the demand notices issued by the Respondent ESCOMS, (more fully described in the SCHEDULE-I hereunder), demanding the Petitioners to pay the alleged differential amount issued in compliance of the impugned Order dated 26^th November 2024 are produced herewith as ANNEXURE C to C5 (Collectively);

D. Issue a Writ of Mandamus or any appropriate writ, order or direction to Respondent ESCOMs not to issue any further demand notice in terms of the Order dated 26^th November 2024 passed by 2^nd Respondent KERC in OP No. 29, 30, 31, 32 & 33 of 2023. vide Annexure-B.

E. Direct the 8^th Respondent Central Electricity Regulatory Commission (CERC) to determine the damages for illegally appropriating power meant for Inter- State Open Access during the period from 16^th October 2023 to 31^st May 2024 with carrying cost at 1% per month etc.

2. While, WP no.7803/2025 filed for these reliefs:

A. Declare that the Government Order No.ENERGY 82 PPT 203, BENGALURU, dated 16^th October 2023, published in the Gazette dated 20^th October 2023, along with Corrigendum dated 20^th November 2023 published in the Gazette dated 1^st December 2023, issued by the 1^st Respondent purportedly under Section 11 (1) of the ELECTRICITY ACT , 2003 is arbitrary, illegal, mala fide and colourable exercise of power and ultra vires to the provisions of ELECTRICITY ACT , 2003, as far as Inter-State Open Access generators are concerned. A true copy of Impugned Order Government Order No. ENERGY 82 PPT 203, BENGALURU, dated 16^th October 2023, published in the Gazette dated 20^th October 2023, along with Corrigendum dated 20^th November 2023 published in the Gazette dated 1^st December 2023, issued by the 1