Disposed

Atria Solar Power (Ryapte) Pvt. Ltd., v. Karnataka Electricity Regulatory Commission

Karnataka HC18 Jul 2024WP/5597/2024

Case brief

AI extract

What is this about?

Solar power producers challenged KERC's imposition of charges on consumers added to existing Wheeling and Banking Agreements. After KERC's suo motu order of 04.03.2024 removed those charges, the court directed ESCOMs to refund charges already collected within two months and disposed of the writ petitions.

What did the court decide?

ESCOMs directed to refund charges collected from new consumers added to existing Wheeling and Banking Agreements, within two months.

Atria Solar Power (Ryapte) Pvt. Ltd., Vs… — Writ and Judicial Review | Karnataka HC (2024)

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1 - NC: 2024:KHC:27962 WP No. 5597 of 2024 C/W WP No. 22869 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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WRIT PETITION NO. 5597 OF 2024 (GM-KEB)

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C/W

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WRIT PETITION NO. 22869 OF 2023 (GM-KEB)

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IN W.P.No.5597/2024:

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BETWEEN:

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ATRIA SOLAR POWER (RYAPTE) PVT. LTD., THE COMPANIES INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING THEIR CORPORATE OFFICE AT 1ST FLOOR NO. 11, COMMISSARIAT ROAD, BENGALURU-560025 REPRESENTED BY THEIR, AUTHORIZED SIGNATORY MR RAGHU P.

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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ATRIA SOLAR POWER(CHAMARAJANAGAR ) PVT LTD THE COMPANIES INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING THEIR CORPORATE OFFICE AT 1ST FLOOR NO. 11, COMMISSARIAT ROAD, BENGALURU-560025 REPRESENTED BY THEIR, AUTHORIZED SIGNATORY MR RAGHU P

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…PETITIONERS

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(BY SRI. POONAM S PATIL.,ADVOCATE)

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2 - NC: 2024:KHC:27962 WP No. 5597 of 2024 C/W WP No. 22869 of 2023

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AND:

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KARNATAKA ELECTRICITY REGULATORY COMMISSION

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NO. 16 C-1, MILLERS TANK BED AREA, VASANTHANAGAR, BENGALURU-560052.

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THE BANGALORE ELECTRICTY SUPPLY COMPANY LIMITED CORPORATE OFFICE, ROOM NO. 1 GROUND FLOOR BLOCK-2 K.R CIRCLE, BENGLURU-560001. REPRESENTED BY ITS MANAGING DIRECTOR (MD).

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CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LTD NO. 29, VIHAYANAGAR 2ND STAGE, HINKAL, MYSURU-570017 REPRESENTED BY ITS MANAGING DIRECTOR (MD)

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…RESPONDENTS

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(BY SRI.B.N.PRAKASH, ADVOCATE FOR R-1; SRI. SHAHBAAZ HUSSAIN, ADVOCATE FOR R-2 & 3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION DECLARING THAT PROVISION TO REGULATION 6 AND REGULATION 11 AND 16 OF THE KARNATAKA REGULATION COMMISSION (TERMS AND CONDITIONS FOR GREEN ENERGY OPEN ACCESS) RULES, 2022 VIDE ANNEXURE-A AS ILLEGAL AND UNSUSTAINABLE, ETC.

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IN W.P.No.22869/2023:

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BETWEEN:

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M/S CLEAN SOLAR POWER (BELLARY) PRIVATE LIMITED A COMPANY INCORPORATED UNER COMPANIES ACT 2013

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3 - NC: 2024:KHC:27962 WP No. 5597 of 2024 C/W WP No. 22869 of 2023

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212, GROUND FLOOR, OKHLA INDUSTRIES ESTATE PH-III, NEW DELHI-110 020, INDIA REPRESENTED BY MR.SERVESH SINGH.

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…PETITIONER

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(BY SRI. ARCHISMAM CHAUDHURY, ADVOCATE)

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AND:

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KARNATAKA ELECTRICITY REGULATORY COMMISSION

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NO. 16/C-1, MILLERS TANK BED AREA, VASANTHANAGAR, BENGALURU, KARNATAKA-560052. REPRESENTED BY ITS SECRETARY.

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KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CORPORATE OFFICE, KAVERI BHAVAN, K.G.ROAD, BENGALURU, KARNATAKA-560 009. REPRESENTED BY ITS MANAGING DIRECTOR.

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BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, HAVING CORPORATE OFFICE AT K.R.CIRCLE, BENGALURU-560 001. REPRESENTED BY ITS MANAGING DIRECTOR.

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CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED A COMPANY UNDER

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THE COMPANIES ACT, 2013 No.29, KAVERI GRAMIN BANK ROAD, VIJAYANAGAR, 2^ND PHASE, HINKAL, MYOSRE, KARNATAKA-570 017.

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GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED

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4 - NC: 2024:KHC:27962 WP No. 5597 of 2024 C/W WP No. 22869 of 2023

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A COMPANY UNDER THE COMPANIES ACT, 2013 STATION MAIN ROAD, KALABURGI, KARNATAKA-585 101. REPRESENTED BY ITS MANAGING DIRECTOR.

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…RESPONDENTS

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(BY SRI.B.N.PRAKASH, ADVOCATE FOR R-1; SRI. SHAHBAAZ HUSSAIN, ADVOCATE FOR R-2 TO R-5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH PARA 3 OF THE ORDER DATED 08.06.2023 PASSED BY THE LEARNED KARNATAKA ELECTRICITY REGULATORY COMMISSIONER/R1 IN THE CASE TITLED AS IN THE MATTER OF IMPLEMENTATION OF THE KERC (TERMS AND CONDITIONS OF GREEN ENERGY OPEN ACCESS) REGULATIONS, 2022.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The prayer in these petitions was initially directed towards paragraph 3 of the order passed by the Karnataka Electricity Regulatory Commission (“ KERC ”) dated 08.06.2023, by which the KERC had directed that the charges to be paid were to be paid by new consumers who were added to an existing Wheeling and Banking Agreement.

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5 - NC: 2024:KHC:27962 WP No. 5597 of 2024 C/W WP No. 22869 of 2023

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It is not in dispute that during the pendency of these petitions, the KERC has passed a suo motu order on 04.03.2024 modifying paragraph 3 and it is also held by the KERC that there would be no need for payment of any charges for adding new consumer in place of an existing consumer to the existing Wheeling and Banking

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Agreement.

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In view of this suo motu order passed by the KERC on 04.03.2024, the main prayer of the petitioners has already been granted.

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It is, however, submitted that the Electricity Supply Company Limited (“ ESCOM ”) had already collected charges pursuant to paragraph No.3 from the new consumers who had been added by the petitioners in place of an existing consumer under the old Wheeling and Banking Agreement.

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In view of the fact that the imposition of charges on the new customers added to an existing Wheeling and

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6 - NC: 2024:KHC:27962 WP No. 5597 of 2024 C/W WP No. 22869 of 2023

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Banking Agreement has been done away with by the suo motu order dated 04.03.2024, it is obvious that the ESCOMs would have to refund the charges that it has collected for the petitioners’ act of adding new consumers in place of an existing consumer under the old Wheeling and Banking Agreement, and hence, it is ordered accordingly.

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