WP/21094/2026 of GMR KARNATAKA RENEWABLE ENERGY-I LIMITED Vs STATE OF KARNATAKA on 30 September 2026

ORAL ORDER

The present writ petitions are filed seeking for the following reliefs: In WP No. 7586 of 2026

"a) Issue a writ of Certiorari or any other appropriate writ of like nature or direction declaring that Clauses 6.1(b) & 6.1 (c), 6.2 and 7.2 of the Karnataka Renewable Energy Policy (2022 - 27) read with Government of Karnataka's notification dated 27.02.2023 amending the Karnataka Renewable Energy Policy (2022- 27) at ANNEXURE A and ANNEXURE B,Issued by Department of Energy respectively, Government of karnataka are illegal, arbitrary, ultra vires the Constitution of India and the Electricity Act, 2003; (b) Issue a writ of Certiorari or any other appropriate writ of like nature or direction quashing and setting aside Clauses 6.1(b) & 6.1(c), 6.2 and 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), insofar as they are sought to be made applicable to the Petitioner's 250 MW wind energy Project in the State of Karnataka;

(c) Issue a writ of Mandamus or any other appropriate writ of like nature or direction directing the Respondent Nos. 1 and 2 to refund the application fees and processing fees already deposited by the Petitioner under Clause 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), along with interest thereon; (d) Issue a writ of Mandamus or any other appropriate writ of like nature or direction restraining the Respondents from taking any coercive steps against the Petitioner on the basis of Clauses 6.1(b) & 6.1(c), 6.2 or 7.2(b) of the Karnataka Renewable Energy Policy 2022-

(as amended), including cancellation of

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Government Orders, or denial of permissions/ approvals; and

(e) Pass such other and further orders as may be deemed just and proper in the interest of justice and equity, including costs of these proceedings."

In WP No. 20414 of 2026 "a) Issue a writ of Certiorari or any other appropriate writ of like nature or direction declaring that Clauses 6.1(b) & 6.1(c), 6.2 and 7.2 of the Karnataka Renewable Energy Policy (2022-27) read with Government of Karnataka's notification dated 27.02.2023 amending the Karnataka Renewable Energy Policy (2022-27) at ANNEXURE A and ANNEXURE B, respectively, are illegal, arbitrary, ultra vires the Constitution of India and the Electricity Act, 2003; (b) Issue a writ of Certiorari or any other appropriate writ of like nature or direction quashing and setting aside Clauses 6.1(b) & 6.1(c), 6.2 and 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), insofar as they are sought to be made applicable to the Petitioner's 350 MW Project in the State of Karnataka;

(c) Issue a writ of Mandamus or any other appropriate writ of like nature or direction directing the Respondent Nos. 1 and 2 to refund the application fees and processing fees already deposited by the Petitioner under Clause 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), along with interest thereon; (d) Issue a writ of Mandamus or any other appropriate writ of like nature or direction restraining the Respondents from taking any coercive steps against the Petitioner on the basis of Clauses 6.1(b) & 6.1(c), 6.2 or 7.2(b) of the Karnataka Renewable Energy Policy 2022-

(as amended), including cancellation of Government Orders, or denial of permissions/ approvals; and

(e) Pass such other and further orders as may be

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deemed just and proper in the interest of justice and equity, including costs of these proceedings."

In WP No. 21094 of 2026 "a) Issue a writ of Certiorari or any other appropriate writ of nature or direction declaring that Clauses 6.1(b) & 6.1(c), 6.2 and 7.2 of the Karnataka Renewable Energy Policy (2022 - 27) bearing No. ENERGY/209/VSC/2021 dated 16.04.2022 at Annexure-A, and also Government of Karnataka's notification bearing ENERGY/507/VSC/2022 dated 27.02.2023 amending the Karnataka Renewable Energy Policy (2022 27) at ANNEXURE B issued by Respondent No.1, respectively, are illegal, arbitrary, ultra vires the Constitution of India and the Electricity Act, 2003; (b) Issue a writ of Certiorari or any other appropriate writ of nature or direction quashing and setting aside Clauses 6.1(b) & 6.1(c), 6.2 and 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), insofar as they are sought to be made applicable to the Petitioner's 125.8 MW Project in the State of Karnataka vide Bearing No. ENERGY/507/VSC/2022 dated. 27.02.2023 Annexure-B;

(c) Issue a writ of Mandamus or any other appropriate writ, or direction directing the Respondent Nos. 1 and 2 to refund the application fees and processing fees already deposited by the Petitioner under Clause 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), along with interest thereon vide Annexure-Y; dated: 27.5.2026

(d) Issue a writ of Mandamus or any other appropriate writ of nature or direction restraining the Respondents from taking any coercive steps against the Petitioner on the basis of Clauses 6.1(b) & 6.1(c), 6.2 or 7.2(b) of the Karnataka Renewable Energy Policy 2022-2027 (as amended), including cancellation of Government Orders, or denial of permissions/approvals; and

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(e) Pass such other and further orders as may be deemed just and proper in the interest of justice and equity, including costs of these proceedings."

2. It is jointly submitted by the learned counsels that the decision by the Co-ordinate Bench of this Court in a batch of matters in the case of M/s. JSP Green Wind 1 Private Ltd., Vs. State of Karnataka and another1, would be applicable to the present writ petitions as well. In this context, it is pertinent to notice that the relevant portion of the judgment passed by this Court which reads as under:- "O R D E R i. Writ Petitions are allowed in part. ii. Challenge to Karnataka Renewable Energy Policy 2022-2027 relating to

(a) Clause 1.2 is rendered infructuous due to the amendment; (b) The requirement of a Government order in Clause 6.1. to begin execution of work is held to be sustainable;

(c) The land usage restriction in Clause 6.2 is arbitrary only if the land is acquired or leased by the renewable 1 WP No.27996/2004 with connected matters order dated 28.08.2026

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energy project developer. In the event the Government acquires the land and hands it over to the project developer Clause 6.2 would become applicable. Therefore, to that extent Clause 6.2 is upheld bearing in mind the observations made in the course of the order.

(d) Clause 7.2 imposing fee or charges under the Policy is read down bearing in mind the observations made in the course of the order. iii. The requirement of the Government order, thus, is upheld in the light of the aforesaid observations and restrictions. iv. The applications pending consideration shall be processed within 8 weeks bearing in mind the observations made in the course of the order. Ordered accordingly."

3. It is clear from the aforementioned that the relief sought for in the present petitions are covered under the decision by the Co-ordinate Bench as noticed above.

4. In view of the aforementioned, the present writ petitions are disposed of in the same terms as in the case of M/s. JSP Green Wind 1 Private Ltd.,1 Respondent No.2 shall consider the request made by the petitioners for refund of the application and processing fees and take a decision on the same as expeditiously as possible in any event not later than

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two weeks from the date of receipt of the copy of this order and intimate such consideration to the petitioner.

5. Pending IAs., if any, stand disposed of.

(C.M. POONACHA) JUDGE

Vmb List No.: 1 Sl No.: 38