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2025 DAILYLAW 43784 (KAR)

SHRI ANNAPPA S/O SANGAPPA PATTAR v. THE STATE OF KARNATAKA

WP/109144/2014 · 2025-03-11

Jyoti Mulimani

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Judgment text

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- 1 - NC: 2025:KHC-D:4584 WP No. 109144 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 109144 OF 2014 (GM-KEB) BETWEEN: SHRI. ANNAPPA S/O SANGAPPA PATTAR, AGE: 51 YEARS, OCC: AGRICULTURE, R/O. HIDKAL, TQ: RAMDURG, DIST: BELGAUM. …PETITIONER (BY SRI. SABEEL AHMED., ADVOCATE FOR SRI. A.S.PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF POWER AND ENERGY, VIKAS SOUDHA, BANGALORE. 2. THE MANAGING DIRECTOR, THE HUBLI ELECTRICITY SUPPLY COMPANY LTD., (HESCOM), NAVANAGAR, HUBLI. 3. THE ASSISTANT EXECUTIVE ENGINEER( ELCL), O AND M SUB-DIVISION, HESCOM, HARUGERI, TQ: RAIBHAG, DIST: BELGAUM. 4. THE ASSISTANT EXECUTIVE ENGINEER (ELCL), VIGILANCE OFFICE, HESCOM, CHIKODI, TQ: CHIKODI , DIST: BELGAUM. …RESPONDENTS (BY SRI. PRAVEN.K.UPPAR., AGA FOR R1; SRI. S.M.TONNE., ADVOCATE FOR Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4584 WP No. 109144 of 2014 SRI. B.S.KAMATE., ADVOCATE FOR R2-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Sabeel Ahmed., counsel on behalf of Sri.A.S.Patil., for the petitioner, Sri.Praveen K.Uppar., AGA for respondent No.1 and Sri.S.M.Tonne., counsel on behalf of Sri.B.S.Kamate., for respondents 2 to 4 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quashing the impugned Communication dated 23.09.2013 issued by respondent No.3 vide Annexure-H and Writ of Mandamus directing respondents 2 and 3 to consider the claim of the petitioner as made in the legal notice dated 06.09.2012 vide Annexure-D. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 3 - NC: 2025:KHC-D:4584 WP No. 109144 of 2014 4. Suffice it to note that the HESCOM raised back billing in a sum of Rs.2,08,856/- and compounding charges of Rs.1,20,000/- on 29.08.2007. The petitioner has not questioned the back billing as of today. However, he is seeking compensation by way of a Mandamus. Such a relief cannot be accorded in the Writ Petition. However, a liberty is accorded to the petitioner to question the back billing issued on 29.08.2007 before the appropriate forum, in accordance with law, if so advised. 5. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE RH List No.: 1 Sl No.: 61