- 1 - HC-KAR NC: 2025:KHC:34053-DB WP No. 21622 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 21622 OF 2025 (GM-KEB) BETWEEN: MR.SHIVASWAMY, S/O SRI L.RAMANNA, AGED ABOUT 54 YEARS, RESIDING AT NO.129, ANCHECHHOMANAHALLI, SINGATAGERE HOBLI, KERESANTHE POST, KADUR TALUK, CHIKMAGALURU-577 548. …PETITIONER (BY SRI.CHETAN JADHAV., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE-560 001. 2. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560 001. 3. THE MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34053-DB WP No. 21622 of 2025 (GOVERNMENT OF KARNATAKA UNDERTAKING), A COMPANY FORMED AND INCORPORATED IN INDIA UNDER THE COMPANIES ACT 1956), BY ITS MANAGING DIRECTOR, REGISTERED OFFICE AT MESCOM BHAVAN BEJAI, KAVOOR CROSS ROAD, MANGALORE, KARNATAKA- 575 004. 4. KARNATAKA ELECTRICITY REGULATORY COMMISSION, NO.16, C-I MILLERS TANK BED AREA, VASANTH NAGAR, BANGALORE-560 064. 5. APPELLATE TRIBUNAL FOR ELECTRICITY, 7TH FLOOR, CORE-4, SCOPE COMPLEX, LODHI ROAD, NEW DELHI-110 003. …RESPONDENTS (BY SRI.S.H.RAGHAVENDRA, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR THE RELEVANT RECORDS (B) ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE KARNATAKA ELECTRICITY REGULATORY COMMISSION/RESPONDENT NO.4 IN OP NO.29/2017 DATED 10.10.2017 PRODUCED AT ANNEXURE-E AND THE IMPUGNED ORDER PASSED BY THE APPELLATE TRIBUNAL FOR ELECTRICITY/RESPONDENT NO.5 IN APPEAL NO.262/2018 DATED 28.11.2024 PRODUCED AT ANNEXURE-F, (C) GRANT SUCH OTHER RELIEF, ORDER OR DIRECTION TO THE RESPONDENT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34053-DB WP No. 21622 of 2025 CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard learned counsel for the petitioner. 2. This petition has been filed seeking the following reliefs: a) Call for the relevant records; b) Issue a writ of certiorari setting aside the impugned order passed by the Karnataka Electricity Regulatory Commission/Respondent No.4 in OP No.29/2017 dated 10/10/2017 produced at ANNEXURE-E and the impugned order passed by the Appellate Tribunal for Electricity/Respondent-5 in Appeal No.262/2018 and 28/11/2024 produced at ANNEXURE-F; c) Grand such other relief, order or direction to the respondent in the circumstances of the case, in the interest of justice and equity. 3. The order under challenge, being one passed under Section 111 of the Electricity Act, 2003, is appealable before the Supreme Court under the provisions of Section 125 of the aforesaid Act. When confronted, learned counsel for the petitioner states that the order passed by the Regulatory Commission is in violation of the - 4 - HC-KAR NC: 2025:KHC:34053-DB WP No. 21622 of 2025 principles of natural justice. However, we observe from the record that an appeal had been preferred before the Tribunal under Section 111 of the said Act, but no such issue was framed. There is no material to substantiate that any such issue, as contended by learned counsel for the petitioner, was raised in the memo of appeal before the Tribunal. No other material has been placed in support of his submission of violation of the principle of natural justice. 4. Under the circumstances and since, the statutory remedy of appeal is provided under Section 125 of the Electricity Act, 2003, this petition is dismissed, leaving it open for the petitioner to avail the statutory remedy. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE PK List No.: 1 Sl No.: 2