Db Renews Private Limited Vs Karnataka Electricity Regulatory Commission

D.B. RENEWS PRIVATE LIMITED AN EXISTING COMPANY WITHIN THE MEANING OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT DODDANAVAR BROTHERS CORPORATE OFFICE, 738/1, NEAR 3^RD GATE, KHANAPUR ROAD, BELGAUM - 590 008. ALSO AT NO.19/1, SHET HEIGHTS, 3^RD FLOOR, 1^ST MAIN, VYALIKAVAL, BENGALURU. REP BY ITS AUTHORIZED SIGNATORY, MR SHANKAR NESARGI CHIEF EXECUTIVE OFFICER, AGED ABOUT 77 YEARS.

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…PETITIONER

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Digitally signed by GEETHAKUMARI PARLATTAYA S

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Location: High Court of Karnataka

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[BY Smt/Miss LALIA PHILIP, ADVOCATE FOR SRI ADITYA NARAYAN, ADVOCATE (PH)]

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AND:

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KARNATAKA ELECTRICITY REGULATORY COMMISSION, 16/C-1, MILLER TANK BED AREA, VASANTHNAGAR, BENGALURU - 560 052. REP BY ITS SECRETARY.

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KARNATAKA POWER TRANSMISSION CORPORATION LIMITED

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2 - NC: 2025:KHC:37236 WP No. 18625 of 2024

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HC-KAR

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ANAND RAO CIRCLE, RACE COURSE ROAD, BANGALORE - 560 001, REP BY ITS CHIEF ENGINEER.

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KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (STATE LOAD DISPATCH CENTRE) 27/1, RACE COURSE ROAD, MADHAVA NAGAR, GANDHI NAGAR, BENGALURU - 560 001. REP HEREIN BY ITS CHIEF ENGINEER.

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UNION OF INDIA, THROUGH MINISTRY OF POWER, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI - 110 001.

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…RESPONDENTS

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(BY SRI B.N. PRAKASH, ADVOCATE FOR R1; SRI SHAHBAAZ HUSSAIN, ADVOCATE FOR R2 & R3; SMT. SINCHANA M.R., ADVOCATE FOR R4 (VC)]

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSITUTION OF INDIA, PRAYING TO A) QUASH THE KARNATAKA ELECTRICITY REGULATORY COMMISSION, TARIFF ORDER 2024 OF KPTCL DATED 28/02/2024 TO THE EXTENT THAT IT IMPOSES TRANSMISSION CHARGES OF INR 1,63,760 PER MW PER MONTH AND SLDC CHARGES OF INR 34.87 PER MW PER DAY ON GREEN ENERGY OPEN ACCESS TRANSACTIONS (ANNEXURE-L), B) STRIKING DOWN THE ELECTRICITY (PROMOTING RENEWABLE ENERGY THROUGH GREEN ENERGY OPEN ACCESS) RULES 2022 (ANNEXURE-C) AS ULTRA VIRES THE ELECTRICITY ACT, 2003. DATED 6.06.2022 AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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3 - NC: 2025:KHC:37236 WP No. 18625 of 2024

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HC-KAR

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ORAL ORDER

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Writ petition is filed for following reliefs:

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a) quashing the 'Karnataka Electricity Regulatory Commission, Tariff Order 2024 of KPTCL' dated 28.02.2024 passed by Respondent No. 1 to the extent that it imposes transmission charges of INR 1,63,760 per MW per month and SLDC charges of INR 34.87 per MW per day on Green Energy Open Access transactions (Annexure L);

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b) striking down the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules 2022 (Annexure-C) made and notified by Respondent No.4 as ultra vires the Electricity Act, 2003; dtd 6/6/22.

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c) (in any event and in the alternative to prayer (b) above, striking down the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Amendment Rules 2023 made and notified by Respondent No. 4 (Regd No.L-33004/99) (Annexure D);dated 24/ 27/1/23

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d) striking down the KERC (Terms and Conditions for Green Energy Open Access) Regulations, 2022 made and notified by Respondent No.1 bearing No. KERC-1-CON2022-23/910/2206 (Annexure E); Date 12/1/23 e) (in any event and in the alternative to prayer (d) above, striking down Rule 11 of the KERC (Terms and Conditions for Green Energy Open) Regulations, 2022 made and notified by Respondent No.1 bearing No. KERC-1-CON2022-23/910/2206 (Annexure E); dtd 12.01.2023

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f) quashing the communication dated 06.04.2023 (Annexure F) bearing No. KERC-7CON-2022-23/1276 issued by Respondent No.1 Commission;

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4 -

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NC: 2025:KHC:37236 WP No. 18625 of 2024

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HC-KAR

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g) quashing the GEOA Bill (Annexure B) dated 31.05.2024 bearing No. CEE/SLDC/SEE/TBC/EE2/AEE-3/4682-84 issued by Respondent No. 2 demanding such charges to be paid by the Petitioner in advance for the period from April 2024 March 2025; etc.,

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Learned counsel for respondent no.2 would submit

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that relief sought herein was squarely covered by decision of this Court in WP no.11235/2024 and connected matters disposed of on 20.12.2024 and seeks for disposal of present writ petition on like terms.

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Though, learned counsel for petitioner would submit that above mentioned order would apply insofar as prayers no.(a) to (e), it was submitted directions issued by this Court in para no.202 to 206 would not apply to petitioner, as petitioner had not obtained interim order.

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Heard learned counsel for parties.

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It is seen that relief insofar as prayer (a) to (e) would be covered by decision in WP.no.11235/2004 and connected matter disposed of on 20.12.2024. Therefore, following ratio, this writ petition is disposed of.

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5 - NC: 2025:KHC:37236 WP No. 18625 of 2024

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HC-KAR

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Insofar as ancillary reliefs parties to work out same separately, especially, as petitioners are stated to have challenged subsequently framed KERC (Terms and Conditions for Open Access) Regulations, 2025, notified on 26.03.2025.

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Sd/(RAVI V HOSMANI) JUDGE

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Psg* List No.: 1 Sl No.: 39

Db Renews Private Limited v. Karnataka Electricity Regulatory Commission

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Db Renews Private Limited v. Karnataka Electricity Regulatory Commission

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