IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 7473 OF 2023 (GM-KEB)

BETWEEN:

SRI BALASIMHA RAO, S/O SRI NARASIMHAIAH, AGED ABOUT 74 YEARS, R/A NO.274, 1^ST MAIN ROAD, KAMALA NAGAR, BENGALURU - 560 079.

…PETITIONER [BY SRI GANAPATHY BHAT, ADVOCATE (PH)]

AND:

1. THE KARNATAKA RENEWABLE Digitally signed ENERGY DEVELOPMENT LIMITED (KREDL)

by GURURAJ D NO.39, SHANTHI GRUHA, Location: High BHARATH SCOUTS AND Court of GUIDES BUILDING, Karnataka PALACE ROAD, BENGALURU - 560 001, REPRESENTED BY ITS DIRECTOR.

2. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM)

OFFICE AT K.R. CIRCLE, BENGALURU - 560 001, REPRESENTED BY ITS MANAGING DIRECTOR.

3. KARNATAKA ELECTRICITY REGULATORY COMMISSION (KERC)

NO.16, C-1, MILLER TANKBED AREA, VASANTH NAGAR, BENGALURU - 560 052, REPRESENTED BY ITS SECRETARY.

…RESPONDENTS [BY SRI SUMANTH KASHYAP, ADVOCATE FOR R1;

SRI SHAHBAAZ HUSSAIN, ADVOCATE FOR R2 (PH);

SRI B.N. PRAKASH, ADVOCATE FOR R3]

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ORDER BY SET ASIDE THE IMPUGNED ORDER DATED 28.07.2016 IN O.P.NO.42/2015 PASSED BY THE 3^RD RESPONDENT BY ALLOWING THE PETITION IN O.P.NO.42/2015 AS PER ANNEXURE-K.

THIS PETITION IS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 10.09.2025, THIS DAY, THE COURT, PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

CAV ORDER

Challenging order dated 28.07.2016 passed by respondent no.3 in OP no.42/2015 at Annexure-K and seeking for allowing said petition, this writ petition is filed.

2. Sri Ganapathi Bhat, learned counsel for petitioner submitted, in terms of Karnataka Solar Policy 2014-21, Government of Karnataka (‘GoK’, for short) issued notification dated 26.08.2014 inviting applications from eligible land owners for establishment of upto 3 Mega Watt (‘MW’, for short) Solar Power Plants by entering into Power Purchase Agreements (‘PPAs’, for short) with concerned Electricity Supply Companies (‘ESCOMS’, for short). For implementation, nodal agency was respondent no.1-KREDL

3. Petitioner - owner of 24 Acres 11 guntas of land in Sy.no.296/3 of Kamanadurga village, Nagalamadike Hobli, Pavgada Taluk, Tumkur, filed application online on 09.10.2014. Same was accepted for 3 MW project and Letter of Allotment (‘LoA’, for short) dated 28.08.2015 as per Annexure-B was issued. But as per Delivery Slip and Delivery Register Extract produced as Annexures-C and C1, LoA was received only at

4:30 pm on 31.08.2015, rendering it impossible for petitioner to submit documents by 31.08.2015. However, petitioner submitted them on 01.09.2015, but learnt that 31.08.2015 was cut-off date for PPA tariff of Rs.8.40/- per unit. As reason for not submitting documents by 31.08.2015 was clearly not attributable to petitioner, he filed representation with respondent no.2. But was informed that respondents lacked power to review tariff. Therefore, petitioner filed representations with Additional Chief Secretary, GoK, on 05.10.2015 and 14.10.2015 produced as Annexures-E and F. Same were forwarded to Principal Secretary, Department of Energy, GoK, who by letter dated 17.10.2015 directed respondent no.3-‘KERC’ to consider granting same tariff as granted to other beneficiaries. Therefore, on 21.11.2015, petitioner approached KERC under Section 86 (1) (b) of Electricity Act, 2003, (‘Act’, for short) and filed OP no.42/2015 seeking direction for execution of PPA with petitioner at Rs.8.40/- per unit tariff.

4. It was submitted during pendency of said petition, KERC executed PPA with petitioner on 28.01.2016 fixing tariff @ Rs.6.51/- per unit as per Annexure-J. It was submitted, same was received under protest. Thereafter, under impugned order at Annexure-K dated 28.07.2016, KERC rejected OP no.42/2015, leading to this petition.

5. It was submitted, respondents had executed PPAs with tariff @ Rs.8.40/- per unit, in favour of all allottees prior to 31.08.2015, but discrimi