RAVINDRA ENERGY LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are filed by M/s. Ravindra Energy Limited, a company registered under the provisions of the Companies Act - petitioner no.1 along with Sri Gurugunda Braheshwara Swamy Mutt as petitioner no.2. Petitioners are seeking a direction that petitioner no.2 is entitled for deemed conversion as per Section 95(10) of the Karnataka Land Revenue Act, 1964 (for short, 'the Act') in respect of the schedule properties. They have also sought for a direction to respondent no.2 to issue order of conversion in favour of petitioner no.2 in respect of schedule properties as per application dated 05.11.2016 submitted by petitioner no.2. Challenge is also laid to the notice dated 24.03.2017 issued by respondent no.3 - Tahsildar, Sira Taluk, as per Annexure-K, whereby the Tahsildar has notified petitioner no.2 to stop the work undertaken in schedule properties to establish a solar plant.

(2.) Petitioner no.1-company is engaged in the business of solar power generation. Petitioner no.2 is a Mutt. Government of Karnataka has introduced a solar policy known as Solar Policy 2014-2021 as per notification dated 22.05.2014 with the object of harnessing the potential of solar resources in the State. Pursuant to this, the Karnataka Renewable Energy Development Limited (for short, 'KREDL') issued notification dated 09.10.2014 inviting online applications for facilitating the development of renewable energy in Karnataka. Petitioner no.2 submitted its application seeking permission for establishing the solar plant in the schedule lands belonging to the Mutt. The committee appointed in this regard by the competent authority accepted the proposal of petitioner no.2 regarding allotment of solar project in the schedule lands. A communication was issued by the Managing Director of KREDL on 16.03.2015 addressed to petitioner no.2 authorizing establishment of solar plant. This communication is produced at Annexure-A. Pursuant to this letter, petitioner no.2-Mutt and Bengaluru Electricity Supply Company (for short, 'BESCOM') entered into a power purchase agreement dated 14.07.2015 for supply of power to be generated by petitioner no.2. Copy of this agreement is produced at Annexure-B.

(3.) It is the case of petitioners that establishment of solar power plant required huge investment and as such petitioner no.2 being a Mutt not being in a position to invest such huge amount entered into an agreement with petitioner no.1, whereunder the Mutt by way of Assignment Deed dated 07.12.2016 assigned the rights and obligations under the power purchase agreement in favour of petitioner no.1. Thereafter, the Mutt submitted an application dated 05.11.2016 addressed to the Deputy Commissioner seeking conversion of petition schedule lands totally measuring 15 acres for the purpose of establishing the solar power plant. The said application is produced at Annexure-C.