- 1 - HC-KAR NC: 2025:KHC-D:11361 WP No. 71100 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO.71100 OF 2012 (GM-KEB) BETWEEN: M/S AMARAVATHI GRANITES INDUSTRIES PVT. LTD., BY ITS PROPRIETOR, K. SHRINIVAS S/O K. BAPINEEDU AGE: 50 YEARS, OCC: BUSINESS, R/O. PLOT NO.19 & 20, KIADB, KUSHTAGI, DIST: KOPPAL. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. ASSISTANT EXECUTIVE ENGINEER (ELE) GESCOM LTD., KUSHTAGI. 2. ASSISTANT EXECUTIVE ENGINEER (ELE) HT RATE SUB-DIVISION, GESCOM LTD., RAICHUR. …RESPONDENTS (BY SRI. ANOOP G. DESHPANDE, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, A WRIT IN A NATURE OF CERTIORARI QUASHING THE ORDER DATED 12/09/2012 PASSED BY RESPONDENT NO.1 IN NO. Sa.Ka.Ni.A(V)/HiSa/Ku-12-13/1424-25 VIDE ANNEXURE-C & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11361 WP No. 71100 of 2012 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) Petitioner has sought for setting aside of the order dated 12.09.2012 at Annexure-C whereby a demand has been raised taking note of the defective meter. 2. Learned counsel for respondents would submit that the demand raised and its adjudication involves technical aspects and accordingly, it would be appropriate to relegate the petitioner to avail of the remedy of appeal in terms of Code 44.04 of the Karnataka Electricity Regulatory Commission (Electricity Supply and Distribution) Code. 3. Taking note of the nature of demand at Annexure-C noticing the defective electricity meter; as the said aspect would involve adjudication of technical aspects as well, it would be appropriate to relegate the petitioner to avail of the remedy of appeal under the provisions of Code 44.04 of the Karnataka Electricity Regulatory Commission (Electricity Supply and Distribution) Code. Petitioner to take - 3 - HC-KAR NC: 2025:KHC-D:11361 WP No. 71100 of 2012 steps to challenge the order at Annexure-C before the CEE of HESCOM or an officer of equivalent rank taking note of the monetary value of the claim. All contentions are kept open. 4. If statutory appeal is filed within a period of 3 weeks from the date of receipt of certified copy of this order, the appeal to be taken up without raising any objection on limitation. Needless to state that no precipitative steps to be taken insofar as the demand for a period of 4 weeks from today, within which the petitioner is to make a request for interim prayer before the appellate Authority. All contentions are kept open. 5. In light of the above, the writ petition is disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE VP CT:VP