GLOBAL ENERGY PRIVATE LIMITED GESCO CORPORATED CENTRE REPRESENTED BY THE MANAGING DIRECTOR MAJ. GEN. N.S. PATHANIA (RETD.) AND HARRY DHAUL GESCO CORPORATE CENTRE Vs. STATE OF KARNATAKA ENERGY DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETARY AND

JUDGEMENT

(1.) IN these Writ Petitions interesting questions relating to finer aspects of the National Policy on Power which finds statutory recognition and as reflected in the Electricity Act, 2003 and its ramifications, in so far as the obligation of the Government to encourage private sector participation, delicensing of generation and implementation of the concept of open access in transmission vis -a -vis its obligation to provide access to electricity to all areas including villages, hamlets and common man, do arise for consideration.

(2.) IN all these Writ Petitions the petitioners are challenging the Government Order dated 30.12.2008 passed by the State Government under <ADV>K.G.Raghavan,V.Srinivasa Raghavan,Ravishankar Prasad,Rajeev Dhavan,Naganand,Ashok Haranahalli,Manjunath,Amar Kumar</ADV>tion 11 of the Electricity Act, 2003 (for short hereinafter referred to as "the Act") directing them to operate and maintain generating stations owned by them and to supply the electricity produced to the State Grid. Though facts of each case are different as the challenge is to the same Government Order and the point involved is purely a question of law they are taken up for consideration together and disposed of by this common order. Though the ground of mala fides is a question of fact raised in one of these Writ Petitions, it is dealt with separately. Facts in WP Nos. 590 and 591 of 2009:

(3.) THE facts leading to these Writ Petitions are as under: The first petitioner has established a 220 MW Barge Mounted Power Plant at Tanir Bhavi Village near Mangalore, being the successful tenderer in pursuant to a global tendering process initiated by the Government of Karnataka for setting up power projects in the State. The second petitioner is a company trading in power. The first petitioner was supplying power to the State of Karnataka through a definitive Power Purchase Agreement which expired in June 2008.