Loading judgment…
No AI summary yet for this case.
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 24th DAY OF MARCH 2021 BEFORE THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR Writ Petition No.100502 of 2021(GM-RES)
BETWEEN
SHRUSHTI AGRO AND COLD STORAGE PLOT NO.SPL, Q-1, KSSIDC KANABARGI INDUSTRIAL AREA, AUTO NAGAR, BELGAVI-590016 REPRESENTED BY ITS PARTNER, SHRI. AMOL S/O. VIDYADHAR MOHANDAS AGE. 36 YEARS, OCC. BUSINESS, R/O. PLOT NO.1202, SAHAYADRI NAGAR, BELAGAVI-591108.
...PETITIONER
(BY SRI. SANTOSH PUJARI, ADVOCATE)
AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU-560001
THE MANAGING DIRECTOR HESCOM, CORPORATE OFFICE (BESIDE INCOME TAX OFFICE) NAVANAGAR P.B.ROAD, HUBLI-580025
2 3. THE ASSISTANT EXECUTIVE ENGINEER (ELE.) CITY SUB DIVISION NO.3, HESCOM, NEHRU NAGAR, BELAGAVI 590010
THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED KAVERI BHAVAN, K. G. BHAVAN, BENGALURU 560009.
THE EXECUTIVE ENGINEER KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, NEHRU NAGAR, BELAGAVI 590010.
…RESPONDENTS
(BY SMT. SEEMA SHIVA NAIK, HCGP FOR R1 SHRI. B.S.KAMATE, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTIONS, DIRECTING THE RESPONDENT NO.3 TO RESTORE THE ELECTRICITY TO THE PETITIONERS FACTORY BY QUASHING THE NOTICE DATED 29.12.2020 ISSUED BY THE RESPONDENT NO.3 TO THE PETITIONER VIDE ANNEXURE-C; ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTIONS, DIRECTING THE RESPONDENT NO.2 TO 5 TO ACCEPT THE PARTY PAYMENTS OF PENDING ELECTRICITY BILL FROM THE PETITOENR IN INSTALLMENTS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
3 ORDER
Smt. Seema Shiva Naik, learned High Court Government Pleader, accepts notice for respondent No.1. Sri. B.S.Kamate, learned standing counsel accepts notice for respondents No.2 and 3.
This writ petition is filed seeking for the following reliefs: “A. Issue a writ in the nature of mandamus or any other writ or directions, directing the Respondent No.3 to restore the electricity to the petitioners factory by quashing the notice dated 29.12.2020 bearing No.¸ÀASÉå:¨É/£ÀG«-3/¸ÀPÁ¤EA(«)/¸ÀÉ/»¸À/20-21/4107 issued by the Respondent No.3 to the petitioner vide Annexure-C.
B. Issue a writ in the nature of mandamus or any other writ or directions, directing the Respondent No.2 to 5 to accept the part payments of pending electricity bill from the petitioner in instalments, as deem fit by this Hon’ble Court.
C. Issue a writ in the nature of mandamus or any other writ or directions, directing the Respondent No.2 to
4 5, to change the sanctioned electricity load from 550 KVA to 350 KVA, to the Petitioners factory.
D. Issue a writ in the nature of mandamus or any other writ or directions, directing the respondent No.2 to 5 to change the name in the electricity bill as per the request of the petitioner vide Annexure-D1 dated 30.12.2020.
E. Pass any such other order or orders as the Hon’ble Court may deem fit in the facts and circumstances of the case.”
Learned counsel for the petitioner submits that he does not press prayers ‘A’ and ‘B’. Learned counsel for the petitioner submits that the petitioner is willing to pay arrears of electricity bill.
Learned counsel for respondents No.2 and 3 submits that if an application is submitted by the petitioner as required under the regulations of Electricity Supply Code, 2001, the request of the petitioner to change the sanctioned electricity load and change of name in the electricity bill will be considered strictly in accordance with law.
Submission of the learned counsel for respondents No.2 and3 is placed on record. Respondents No.2 and 3 are directed to consider the application if submitted by the petitioner strictly in accordance with the regulations contained in Electricity Supply Code, 2001 and pass appropriate orders in accordance with law within a period of thirty days from the date of receipt of application to be submitted by the petitioner. Writ petition stands disposed of accordingly.
Sd/- JUDGE Kms