HEMAVATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.

(2.) In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seek quashment of the impugned communications issued by the Executive Engineer by which the power purchase agreements executed in favour of the petitioners have been cancelled. The petitioners also seek a writ of mandamus against respondents to extend full co- operation for commissioning, synchronizing and production of solar energy by the petitioners.

(3.) Facts giving rise to the filing of the petitions briefly stated are that the petitioners are agriculturists who had entered an agreement for supply of solar power in terms of the power purchase agreements which were executed between the parties. Each of the petitioners have entered into the agreements on different dates. The said agreements were terminated by the respondents. The aforesaid termination was subject matter of challenge in W.P.No.51001/2016 and connected matters which was disposed of by a Bench of this Court by an order dated 16.03.2017 with a direction to the respondents to consider the explanation furnished by the petitioners and to take a decision in the matter in accordance with law. In compliance of the directions issued by this Court, by the impugned communications, the respondents have cancelled the power purchase agreements of the petitioners. The aforesaid communications is the subject matter of challenge in these petitions.