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2025 DAILYLAW 61862 (KAR)

M/S POOJA ELECTRICALS v. THE STATE OF KARNATAKA

WP/105061/2025 · 2025-11-26

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16537 WP No. 105061 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105061 OF 2025 (GM-RES) BETWEEN: 1. MS. POOJA ELECTRICALS RPTD BY ITS PROPRIETOR SHIVANAND.U.HUDALI AGE: 46 YEARS, OCC: BUSINESS, R/O TMC.NO.205/206/207-B, BAZAR ROAD, SAVADATTI-591126, TQ: SAVADATTI, DIST: BELAGAVI. 2. MS. PAVAN ELECTRICALS RPTD BY ITS PROPRIETOR UMESH NADUVINHALLI AGE: 46 YEARS, OCC: BUSINESS, R/O TMC.NO.1542/18-A3, WARD.NO.11/6, HANAMAGERI ONI, SAVADATTI-591126, TQ: SAVADATTI, DIST: BELAGAVI. 3. MS. RAVI ELECTRICALS RPTD BY ITS PROPRIETOR RAVIKUMAR BASAPPA KUMBAR AGE: 33 YEARS, OCC: BUSINESS, R/O PROPERTY NO.2853, CHANDARGI ROAD, KATAKOL VILLAGE, NEAR KADESHNAVAR BUILDING, BELAGAVI-591114, TQ AND DIST: BELAGAVI. 4. MS. SHRI MALLIKARJUN ELECTRICALS RPTD BY ITS PROPRIETOR SURESH BEVINAMATTI AGE: 36 YEARS, OCC: BUSINESS, R/O 424/B-4, DHUPADAL, RAILWAY STATION ROAD, BELLAD COMPLEX NEAR DCC BANK, DHUPADAL, GHATAPRABHA-591306, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16537 WP No. 105061 of 2025 TQ: GOKAK, DIST: BELAGAVI. 5. MS. MOUN BASAVESHWAR ELECTRICALS RPTD BY ITS PROPRIETOR SANJAY MARUTI TEGUR AGE: 36 YEARS, OCC: BUSINESS, R/O 424/B-3, DHUPADAL, RAILWAY STATION ROAD, BELLAD COMPLEX NEAR DCC BANK, DHUPADAL, GHATAPRABHA-591306, TQ: GOKAK, DIST: BELAGAVI. 6. MS. MAHALAXMI ELECTRICALS RPTD BY ITS PROPRIETOR SHIVAJI.M.PATROOT AGE: 54 YEARS, OCC: BUSINESS, R/O SVY NO.208/1A/208/2, SPL.7/ADJ, 5TH CROSS ROAD, KSSIDC INDUSTRIAL AREA, NEAR BSNL OFFICE, GOKAK-591307, TQ: GOKAK, DIST: BELAGAVI. 7. SHRI.MAHALAXMI ENTERPRISES RPTD BY ITS PROPRIETOR SAGAR.S.PATHRUT AGE: 27 YEARS, OCC: BUSINESS, R/O R.S.NO.210/2, PLOT.NO.16, SHOP.NO.3, COURT CIRCLE ROAD, KULKARNI LAYOUT, NEAR MINI VIDHANA SOUDHA, GOKAK-591307, TQ: GOKAK, DIST: BELAGAVI. 8. MS. SHRI BASAVA ELECTRICALS RPTD BY ITS PROPRIETOR BASAYYA MATHAPATI AGE: 48 YEARS, OCC: BUSINESS, R/O CTS NO.4855/83, SHRI.LAXMI COMPLEX, OPP.PETROL PUMP, SADASHIV NAGAR, APMC ROAD, BELAGAVI-590010, TQ AND DIST: BELAGAVI. 9. MS. BASAVARAJESHWARI ELECTRICALS RPTD BY ITS PROPRIETOR VEERABHADRA JAKATHI - 3 - HC-KAR NC: 2025:KHC-D:16537 WP No. 105061 of 2025 AGE: 42 YEARS, OCC: BUSINESS, R/O 1095/E, COMMERCIAL COMPLEX, OPP.POLICE STATION, VIDYANAGAR, GOKAK ROAD, MUDALGI, 591312, TQ: GOKAK, DIST: BELAGAVI. 10. MS. GLOBAL ELECTRICALS RPTD BY ITS PROPRIETOR JAHANGEER KEMALAPUR AGE: 37 YEARS, OCC: BUSINESS, R/O CTS.NO.727, WARD NO.03, KAMANAKATTI ROAD, MAIN BAZAR, NEAR JAMIYA MASJID, YADAWAD, BELAGAVI-591136, TQ AND DIST: BELAGAVI. 11. HALASIDDANATH ELECTRICALS RPTD BY ITS PROPRIETOR RAVI RAMAPPA SHIRGUR AGE: 47 YEARS, OCC: BUSINESS, R/O SY NO.713, PLOT NO.9, CTS.NO.1389, B.K.COLLEGE ROAD, NEAR NAGALINGESHWAR TEMPLE, NEAR B. K. COLLEGE CHIKODI-591201, TQ: CHIKODI, DIST: BELAGAVI. 12. MS. ANAND ELECTRICALS RPTD BY ITS PROPRIETOR SHANKAREPPA KOPPAD AGE: 45 YEARS, OCC: BUSINESS, R/O 1286/1, TIMMAPUR ROAD, TOTAGATTI ONI, NEAR TO HESCOM OFFICE, BOODANUR, BELAGAVI-591130, TQ AND DIST: BELAGAVI. 13. MS.SHRI BHAGYALAXMI ELECTRICAL WORKS RPTD BY ITS PROPRIETOR SHINGADEPPA ADIVEPPA SHINGADI AGE: 55 YEARS, OCC: BUSINESS, R/O CTS.NO.2592, OLD POLICE STATION ROAD, JUNI PETH, NEAR EX-MLA PATTAN HOUSE, RAMADURG, - 4 - HC-KAR NC: 2025:KHC-D:16537 WP No. 105061 of 2025 TQ: RAMADURG-591123, DIST: BELAGAVI. 14. MALLIKARJUN ELECTRICALS RPTD BY ITS PROPRIETOR SHEKHAR MALLAPPA JALOJI AGE: 52 YEARS, OCC: BUSINESS, R/O 144/9/A, RAMDURG ROAD, NUDUVIN PETH, NEAR BANASHANKARI TEMPLE, MANIHAL SUREBAN, BELAGAVI-591127 TQ AND DIST: BELAGAVI. 15. MS. S S ELECTRICALS RPTD BY ITS PROPRIETOR VIJAYAKUMAR SHEKHAYYA HIREMATH AGE: 52 YEARS, OCC: BUSINESS, R/O. SHOP NO. 7/1, NEAR BUSSTAND AT UGARAGOL, TQ: SAVADATTI, DIST: BELAGAVI-591110. …PETITIONERS (BY SRI. PRUTHVI K. S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA RPTD BY ITS PRL.SECRETARY DEPT. OF ENERGY M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE GOVT.ADDITIONAL SECRETARY DEPT. OF ENERGY M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE CHIEF ELECTRICAL INSPECTOR DEPT.OF ELECTRICAL INSPECTORATE DR.RAJKUMAR ROAD, RAJAJINAGARA, BENGALURU - 560010. 4. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) REPRESENTED BY CHIEF GENERAL MANAGER (TECH), CAUVERY BHAVAN, BENGALURU - 560 009 - 5 - HC-KAR NC: 2025:KHC-D:16537 WP No. 105061 of 2025 5. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), REPRESENTED BY MANAGING DIRECTOR, CAUVERY BHAVAN, BENGALURU-560 009. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA FOR R1 TO R3; SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE OFFICIAL MEMORANDUM DTD 26/5/2025 BRG NO.KPTCL/B25/66070/25-26 VIDE ANNEXURE-H, ISSUED BY THE 4TH RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE PROPOSAL FORWARDED BY THE RESPONDENT NO.5 TO THE RESPONDENT NO.2 DTD. 23/6/2025 BRG NO.KPTCL/MD/SPS/CGM(T)/DGM(T)/2025-26/61 VIDE ANNEXURE-J, IN THE INTEREST OF JUSTICE AND EQUITY. C) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE RECOMMENDATION FORWARDED BY THE RESPONDENT NO.2 TO THE RESPONDENT NO.3 DTD 7/7/2025 BRG NO.ENERGY/516/EEB/2025 VIDE ANNEXURE-K, IN THE INTEREST OF JUSTICE AND EQUITY. D) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTIONS, DIRECTING THE RESPONDENT.NO.2 AND 3 TO CONSIDER THE REPRESENTATIONS DTD. 22/7/2025 VIDE ANNEXURE-M AND M1 AND TO PASS APPROPRIATE ORDER BY PROVIDING OPPORTUNITY OF HEARING TO THE PETITIONERS FOR FILING OF OBJECTIONS TO THE 152ND MEETING PROCEEDINGS CONDUCTED BY THE 5TH RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY. E) ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENTS TO CONSIDER THE ELIGIBILITY CONDITIONS AS IT PREVAILED PRIOR TO THE AFORESAID ORDERS, IN THE INTEREST OF JUSTICE AND EQUITY. - 6 - HC-KAR NC: 2025:KHC-D:16537 WP No. 105061 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: A) Issue a writ in the nature of certiorari quashing the official Memorandum dtd: 26/5/2025 brg No.KPTCL/B25/66070/25-26 vide ANNEXURE-H, issued by the 4th Respondent, in the interest of justice and equity. B) Issue a writ in the nature of certiorari quashing the Proposal Forwarded by the Respondent No.5 to the Respondent No.2 dtd. 23/6/2025 brg No.KPTCL/MD/SPS/CGM(T)/DGM(T)/2025-26/61 vide ANNEXURE-J, in the interest of justice and equity. C) Issue a writ in the nature of certiorari quashing the Recommendation Forwarded by the Respondent No.2 to the Respondent No.3 dtd 7/7/2025 brg No.Energy/516/EEB/2025 vide ANNEXURE-K, in the interest of justice and equity. D) Issue a writ in the nature of mandamus directions, directing the Respondent No.2 and 3 to consider the Representations dtd. 22/7/2025 vide ANNEXURE-M and M1 and to pass appropriate Order by providing opportunity of hearing to the Petitioners for filing of Objections to the 152nd Meeting Proceedings conducted by the 5th Respondent, in the interest of justice and equity. E) Issue a writ in the nature of Mandamus by directing the Respondents to consider the Eligibility Conditions as it prevailed prior to the aforesaid Orders, in the interest of justice and equity. - 7 - HC-KAR NC: 2025:KHC-D:16537 WP No. 105061 of 2025 F) Pass such other order or orders as this Hon’ble Court deems fit and proper to meet the ends of justice and equity. 2. The learned counsel appearing for the petitioners submits that during the pendency of the petition, a recommendation is made from the hands of the KPTCL to the Government. The learned counsel for the petitioners submits that the grievance of the petitioners has been redressed in terms of the recommendation dated 02.09.2025. The recommendation is now in the hands of the State. The learned counsel submits that the petition, for the present is rendered infructuous, in the event the State would not accept the recommendation or pass any order contrary to the interest of the petitioners, liberty be reserved to revive the subject petition. 3. In that light, the petition stands disposed with the aforesaid liberty. 4. It is needless to observe that till the recommendation would fructify into consideration on its merit, the present arrangement would continue. Sd/- (M.NAGAPRASANNA) JUDGE KGK /CT:ANB List No.: 1 Sl No.: 105