Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:27477 WP No. 38 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 38 OF 2024 (GM-KEB) BETWEEN:
SMT.NAGAVENI S NAIK, W/O.H.C.SUBRAMANYA NAIK, AGED ABOUT 60 YEARS, 171, KELLARA MARKAL GRAMA, KIGGA HOBALI, YEDADALLI VILLAGE, POST SRINGERI, SRINGERI TALUK, CHICKMAGALUR - 577 139.
REPRESENTED BY HER GPA HOLDER SRI. VIJENDRA.S.NAIK, S/O SUBRAYA NAIK, AGED ABOUT 42 YEARS 171 KELLARA MARKAL GRAMA, KIGGA HOBALI, YEDADALLI VILLAGE, POST SRINGERI, SRINGERI TALUK, CHICKMAGALUR - 577 139. …PETITIONER (BY SRI.YADUNANDAN., ADVOCATE FOR SRI.SAGAR V.SHASTRI.,ADVOCATE) AND:
1.
STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO ENERGY DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:27477 WP No. 38 of 2024
2.
MANGALORE ELECTRICITY SUPPLY COMPANY LTD., (MESCOM), REGIONAL OFFICE, MESCOM BHAVAN, BEJAI, MANGALORE - 575 004, DAKSHINA KANNADA DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR
3.
ASSISTANT EXECUTIVE ENGINEER (E) WORKS AND PLANNING SUB-DIVISION, MESCOM, SRINGERI - 577 139. …RESPONDENTS (BY SRI.MANJUNATHA.B., AGA FOR R1;
SMT.SINDHU., ADVOCATE FOR SRI.SHAHABAAZ HUSAIN, ADVOCATE FOR R2 & R3)
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.Yadunandan., counsel on behalf of Sri.Sagar V.Shastri., for the petitioner and Sri.Manjunatha.B., AGA for respondent No.1 have appeared in person. Smt.Sindhu., counsel on behalf of Sri.Shahabaaz Hussain., for respondents 2 and 3 has appeared through video conferencing.
- 3 -
HC-KAR NC: 2025:KHC:27477 WP No. 38 of 2024
2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the endorsements dated 26.07.2022 and 13.12.2023 issued by the third respondent vide Annexures-L and M.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
4. Suffice it to note that the petitioner filed an application requesting the third respondent that the power supply to be made available to his industry. However, Assistant Executive Engineer intimated to the petitioner that objections were received and hence, they cannot do the needful in the matter. Under these circumstances, the petitioner is before this Court. Counsel Sri.Yadunandan., submits that a memo has been filed furnishing a true copy of the
order passed in O.S.No.40/2022 and the same may be placed on record and an appropriate order may be passed.
- 4 -
HC-KAR NC: 2025:KHC:27477 WP No. 38 of 2024
Submission is noted. Memo is placed on record. It is seen that one Mr.Gowsu Saheb has filed a suit against the Assistant Executive Engineer in O.S.No.40/2022 on the file of the Civil Judge and JMFC, Sringeri. An ex-parte interim order of injunction was granted. However, on contest, the application filed under Order 39 Rule 1 and 2 of CPC is dismissed and ad- interim ex-parte injunction order is vacated. Because the interim order has been vacated by the Trial Court, the MESCOM authorities are directed to re-consider the application submitted by the petitioner afresh in accordance with the law. The petitioner is at a liberty to urge her
contentions and grievance and also to file necessary documents before the Authority. The endorsement dated 13.12.2023 issued by the third respondent vide Annexure-M is quashed.
5. Resultantly, The Writ Petition is disposed of. This Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI MULIMANI) JUDGE MRP/KMV List No.: 1 Sl No.: 9