Karnataka High Court
WP/2117/2020 of SRI VILAS GOUTHAM Vs THE STATE OF KARNATAKA on 15 September 2026
CNR: KAHC010045512020 NC: 2026:KHC:50397-DB WP No. 2117 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO.2117 OF 2020 (GM-RES-PIL)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA
WRIT PETITION NO.2117 OF 2020 (GM-RES-PIL)
BETWEEN:
1.
SRI. VILAS GOUTHAM
S/O MANIKAPPA GOUTHAM
AGED ABOUT 28 YEARS
OCCUPATION: SOCIAL SERVICE
R/O AT POST NIDAGUNDA,
CHINCHOLI TALUK, KALABURAGI DISTRICT-585320.
2.
SRI. MAHAVEER
S/O MAILAPPA
AGED ABOUT 26 YEARS
OCCUPATION: SOCIAL SERVICE
R/O ALLOLLI VILLAGE, AT POST KALKAMBA,
SEDAM TALUK, KALABURAGI DISTRICT-585222.
…PETITIONERS
(BY SRI. SIDHARTH BABURAO, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, BENGALURU-560001.
2.
THE DEPUTY COMMISSIONER
OFFICE OF DEPUTY COMMISSIONER
MINI VIDHANA SOUDHA,
Digitally
signed by
PAVITHRA
N
Location:
High Court
of
Karnataka
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K.B.N. ROAD, KALABURAGI-585102.
3.
THE ASSISTANT COMMISSIONER
OFFICE OF ASSISTANT COMMISSIONER
SEDAM SUBDIVISION, SEDAM TALUK,
KALABURAGI DISTRICT-585222.
4.
THE THASILDAR
OFFICE OF THASILDAR
SEDAM, SEDAM TALUK,
KALABURAGI DISTRICT-585222.
5.
THE PANCHAYAT DEVELOPMENT OFFICER
UDAGI GRAMA PANCHAYATH
SEDAM TALUK, KALABURAGI DISTRICT-585222.
6.
M/S CLEAN MAX PHOTOVOLTAIC PVT. LTD.
7.
M/S CLEAN MAX MERCURY POWER PVT. LTD.
8.
M/S CLEAN MAX ENVIRO ENERGY SOLUTIONS PVT.
LTD.
RESPONDENT NO.S 6 TO 8 HAVING COMMON
OFFICE ADDRESS AT NO.48/13,
40TH CROSS, 3RD MAIN ROAD,
LAYA NAGAR, BANGALORE-560082
9.
M/S BAGMANE GREEN POWER LLP
A-BLOCK, 8TH FLOOR,
LAKEVIEW BUILDING, BAGMANE TECH PARK,
C V RAMAN NAGAR, BANGALORE-560093
(AMENDED VIDE COURT ORDER DATED 20.02.2020)
…RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA FOR R1 TO R4; R5 & R9 ARE SERVED AND UNREPRESENTED; SMT. S. AISHWARYA, ADV. FOR
SRI. RAJESWARA P.N., ADV. FOR R6 TO R8)
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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO
CONSIDER THE TWO REPRESENTATIONS DATED 31.1.19 AS
PER ANNEXURE-A AND B MADE BY THE PETITIONERS TO R-2
AND 4 RESPECTIVELY AND ETC.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE T.P.VIVEKANANDA
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE T.P.VIVEKANANDA)
This writ petition is filed in the nature of public interest litigation seeking issuance of writ of mandamus to consider the representation dated 31.01.2019 at Annexures-A and B submitted by the petitioners to respondents No.2 and 4.
2. The complaint of the petitioners is that the private respondents have established a solar power plant
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without obtaining necessary permissions and licence from the Statutory Authorities, more particularly from the Deputy Commissioner under the provisions of the Karnataka Land Revenue Act, 1964 ("the 1964 Act" for short).
3. This Court by order dated 20.02.2020, directed the impleadment of the Companies who have set up the solar plant against whom the complaint was made by the petitioners, pursuant to which, the private respondents have been arrayed as respondents No.6 to 9. In the very same order, this Court had further directed the respondent Authorities to look into the representations made by the petitioners at Annexures-A and B.
4. Pursuant to the aforesaid order, the learned AGA has filed a memo dated 09.06.2026 enclosing a copy of the endorsement dated 16.03.2020 issued to petitioner No.1 herein informing that insofar as obtaining of licence from the Grama Panchayath is concerned, the petitioners
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shall approach the jurisdictional Grama Panchayath and insofar as the use of the agricultural land for the establishment of solar plant is concerned, the Tahsildar has informed petitioner No.1 that the Deputy Commissioner has granted permission under Section 109 of the Karnataka Land Reforms Act, 1961 ("the 1961 Act" for short) in favour of the private respondents for purchase of land for the purpose of establishment of solar plant. In addition, the Tahsildar has also informed that an order of conversion dated 31.08.2019 has been issued by the Deputy Commissioner converting the land from agricultural to non-agricultural purpose. In the light of the fact that pursuant to the orders of this Court dated 20.02.2020, the Authorities have issued an endorsement to petitioner No.1 and the same is placed before this Court, we are of the view that the complaint made by the petitioners with regard to the establishment of solar plants is no longer survive for consideration in view of the fact that the permission under Section 109 of the 1961 Act and
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that the conversion under Section 95 of the 1964 Act has been issued by the Authorities concerned. If there are any other deficiencies/violations in the matter of establishment of solar plant by the private respondents, it is for the Authorities to take necessary steps and the petitioners may approach the Competent Authority with any other genuine grievances, which would be redressed at the hands of the Authorities.
5. With the above said observation, the writ petition is disposed of.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (T.P.VIVEKANANDA) JUDGE
PN List No.: 1 Sl No.: 5