Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 47016 (KAR)

M/S S S ELECTRICALS v. HUBBALLI ELECTRICITY SUPPLY COMPANY LIMITED (HESCOM)

WP/105944/2024 · 2025-07-01

Pradeep Singh Yerur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:8256 WP No. 105944 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 105944 OF 2024 (GM-KEB) BETWEEN: M/S. S.S. ELECTRICALS, REPRESENTED BY ITS PROPRIETOR, SRI. SHAMSUDDIN M. DANGE, AGE: 51 YEARS, OCC: CLASS 1 CONTRACTOR, R/O. DANGE COMPLEX, HALIYAL ROAD, ATHANI-591304. …PETITIONER (BY SRI. M.L. VANTI, ADVOCATE) AND: 1. HUBBALLI ELECTRICITY SUPPLY COMPANY LIMITED (HESCOM) REPRESENTED BY MANAGING DIRECTOR, CORPORATE OFFICE, P.B. ROAD, NAVANGAR, HUBBALLI-580023. 2. THE SUPERINTENDENT ENGINEER (ELECTRICAL) HUBBALLI ELECTRICITY SUPPLY COMPANY LIMITED, PROJECT MONITORING CELL, CORPORATION OFFICE, P.B. ROAD, NAVANAGAR, HUBBALLI-580023. …RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO (a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND SET ASIDE THE TECHNICAL EXPERT COMMITTEE REPORT BEARING NO.ºÀÄ.«.¸À.PÀA.¤/CC(¦JªÀiï¹)/EE(¦3)/2023-24/cys-3022 DATED 8 SEPTEMBER 2023 (ANNEXURE-H) PASSED BY THE RESPONDENT NO.2 AS BEING IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8256 WP No. 105944 of 2024 (b) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT NOT TO RELY UPON, TAKE INTO CONSIDERATION OR BASE ANY PROCEEDINGS OR PASS ANY ORDERS BY TAKING INTO CONSIDERATION THE REPORT OF THE TECHNICAL EXPERT COMMITTEE AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel Sri.M.L.Vanti for the petitioner and the learned counsel Sri.B.S.Kamate for the respondent Nos.1 and 2. 2. The present writ petition is filed challenging Annexure-H dated 08.09.2023. It is contended by the learned counsel for the respondents that the petitioner initially had filed W.P.No.106676/2023, questioning the very same order dated 08.09.2023 passed by the respondent No.2, which came to be dismissed on 19.02.2024. Aggrieved by the same, the petitioner herein challenged the same in W.A.No.100126/2024. The Division Bench of this Court allowed the writ appeal and remanded the matter back to the authorities for reconsideration - 3 - HC-KAR NC: 2025:KHC-D:8256 WP No. 105944 of 2024 within a period of 8 weeks. This being the state of affairs, the respondent-authorities issued a notice dated 24.09.2024 for appearance of the petitioner and on 03.10.2024, counsel for the petitioner appeared and submitted his reply and requested for extension of time to file his further explanation. Accordingly, an opportunity was granted to the petitioner and the matter was thereafter placed before the Committee for appropriate action. 3. It is submitted by the learned counsel for the respondents that pursuant to the notice issued, a fresh order has been passed against the petitioner on 19.06.2025. So therefore the present writ petition is not maintainable and question of extension of interim order does not arise, as it does not enure to the benefit of the petitioner. It is further contended that in view of the fresh order passed, the petitioner is at liberty to challenge the same in accordance with law. Learned counsel for the petitioner submits that the subsequent order is contrary to - 4 - HC-KAR NC: 2025:KHC-D:8256 WP No. 105944 of 2024 the applicable rules and guidelines, as well as the order passed by the Division Bench of this Court. 4. Be that as it may. Once an order has been passed pursuant to the remand made by the Division Bench of this Court, the petition is not maintainable, as it has become redundant and is rendered infructuous. Under the circumstances, I pass the following: ORDER a. Petition is disposed of reserving liberty to the petitioner to file a fresh application. The respondent-authorities shall thereafter pass appropriate orders in accordance with law. b. All contentions raised by the petitioner shall be urged before the appropriate authority. They are kept open. c. No opinion is expressed on the merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK /List No.: 1 Sl No.: 106