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2025 DAILYLAW 10579 (KAR)

SRI HULIGEPPA @ HULIRAJ v. KARNATAKA POWEER TRANSMISSION CORPORATION LTD

WA/200108/2025 · 2025-04-08

K Natarajan, Vijaykumar A Patil

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2237-DB WA No. 200108 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 200108 OF 2025 (S-TR) BETWEEN: SRI HULIGEPPA @ HULIRAJ S/O LATE RAMAREDDY AGE 54 YEARS, OCC JUNIOR ENGINEER (ELE), O AND M OFFICE, GESCOM, GILLESUGUR, TQ. AND DISTRICT RAICHUR, R/O H.NO. 4-13-58, NEAR HANUMAN TEMPLE, MANGALAWAR PETH, RAICHUR-584 101. …APPELLANT (BY SRI R J BHUSARE, ADVOCATE) AND: 1. KARNATAKA POWEER TRANSMISSION CORPORATION LTD., CORPORATE OFFICE, KAVERI BHAVAN K.G ROAD, BANGALORE – 560009. REP. BY ITS MANAGING DIRECTOR. 2. KARNATAKA POWER TRANSMISSION CORPORATION LTD., CORPORATE OFFICE, KAVERI BHAVAN K.G ROAD, BANGALORE – 560009. REP. BY ITS DIRECTOR. 3. GULBARGA ELECTRICITY SUPPLY COMPANY LTD, SARIGE SADAN, MAIN ROAD, KALABURAGI – 585102. REP. BY ITS MANAGING DIRECTOR Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2237-DB WA No. 200108 of 2025 4. THE GENERAL MANAGER (ADM AND HR) GESCOM, MAIN ROAD, KALABURAGI – 585102. 5. THE SUPERINTENDENT ENGINEER (V) GESCOM, O AND M DIVISION, RAICHUR – 584101. 6. THE EXECUTIVE ENGINEER (O AND M), RURAL DIVISION OFFICE GESCOM, RAICHUR – 584101. 7. THE ASSISTANT EXECUTIVE ENGINEER (O AND M), RURAL DIVISION OFFICE, GESCOM, RAICHUR – 584101. 8. THE KARNATAKA LOKAYUKTHA REP. BY REGISTRAR, M.S BUILDING, BANGALORE – 560001. …RESPONDENTS (BY SRI ARUN KUMAR AMARGUNDAPPA, ADV. FOR R1 & R2; SRI KRUPA SAGAR PATIL, ADV. FOR R3 TO R7; SRI SUBHASH MALLAPUR, ADV. FOR R8) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 02.04.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.200993/2025 AND CONSEQUENTLY GRANT INTERIM ORDER AS PRAYED FOR IN WP NO.200983/2025. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC-K:2237-DB WA No. 200108 of 2025 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This writ appeal is filed seeking the following relief: “a. Allow this writ appeal and set aside the order dated 02.04.2025 passed by the learned Single Judge in writ petition No.200993/2025 and consequently grant interim order as prayed for in W.P.No.200993/2025. b. Pass such other order or directions as this Hon’ble Court deems fit in circumstances of the case.” 2. The learned counsel for the appellant submits that the learned Single Judge has considered the contentions of the appellant and rejected the interim prayer sought. It is submitted that in the earlier proceedings there was an interim order of stay in favour of the appellant with regard to the transfer. Hence, the learned Single Judge ought to have considered the said aspect and granted the interim relief as sought. 3. Per contra, Sri. Krupa Sagar Patil, learned counsel appearing for respondents No.3 to 7 submits that the present appeal in only against the interim relief and - 4 - NC: 2025:KHC-K:2237-DB WA No. 200108 of 2025 the contesting respondents would file objections to the main petition, so that he can pursue the pending writ petition. The said submission is placed on record. 4. Heard the arguments of both sides and perused the material available on record. 5. Admittedly, this intra Court appeal is filed against the interim order of the learned Single Judge dated 02.04.2024 and the matter is still pending for consideration before the learned Single Judge. Taking note of the nature of dispute between the parties, we are of the considered view that the appellant should pursue the pending writ petition in view of the specific request of the respondent that they would file objections within the period of two weeks and co-operate for disposal of the petition. 6. In view of the same, the present writ appeal is disposed of, with a liberty to the appellant to pursue the pending writ petition on its merits. - 5 - NC: 2025:KHC-K:2237-DB WA No. 200108 of 2025 7. The learned counsel for respondents No.3 to 7 also submits that they will co-operate for the early disposal of the writ petition. 8. Accordingly, the writ appeal is disposed of. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 21 CT: PS