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2026 DAILYLAW 52613 (KAR)

NARAYAN S/O. LAXMAN MANE v. M/S HUBLI ELECTRIC SUPPLY CO. LTD.

WP/100510/2014 · 2026-01-19

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:532 WP No. 100510 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100510 OF 2014 (S-RES) BETWEEN: SRI. NARAYAN S/O. LAXMAN MANE, AGE: 45 YEARS, OCC: WORKING AS JUNIOR ENGINEER (V), 33/11 KV, VV KENDRA, HESCOM AT JAGADAL-NAVALGI, JAMAKHANDI TALUK, BAGALKOT DISTRICT. SINCE DECEASED ON 23/06/2014, IS NOW REPRESENTED BY HIS LEGAL REPRESENTATIVES 1. WIDOW SMT. SUVARNA W/O. NARAYAN MANE, 40 YEARS, 2. RAJAVARDHAN S/O. NARAYAN MANE, AGED 21 YEARS, 3. VIJAYADITYA S/O. NARAYAN MANE, AGED 19 YEARS, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.03 10:48:57 +0530 - 2 - HC-KAR NC: 2026:KHC-D:532 WP No. 100510 of 2014 4. KRISHNAJI S/O. NARAYAN MANE, AGED 17 YEARS, REPRESENTED BY HIS M/G MOTHER SUVARNA ALL R/O. RAMPUR-RABAKAVI, TAL: JAMAKHANDI, DIST: BAGALKOTE, THIS AMENDMENT IS CARRIED AS PER VIDE ORDER DATED 11/03/2016 …PETITIONERS (BY SRI. P.H. GOTKHINDI & SRI. A.A. PATHAN, ADVOCATES) AND: 1. M/S. HUBLI ELECTRIC SUPPLY COMPANY LTD., (HESCOM) GOKUL ROAD, HUBLI, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE CHIEF ENGINEER (O & M) HESCOM LIMITED, NEHRU NAGAR, BELGAUM-590010. 3. THE SUPERINTENDING ENGINEER (O & M) HALLATTI, KHAROSI ROAD, CHIKODI-591 201, BELGAUM DISTRICT. 4. THE EXECUTIVE ENGINEER, HESCOM, NEAR DY. SP. OFFICE, CHIKODI-591 201, BELGAUM DISTRICT. - 3 - HC-KAR NC: 2026:KHC-D:532 WP No. 100510 of 2014 5. SRI. V.N. KHOT, AGE: MAJOR, OCC: STORE KEEPER, IN THE OFFICE OF EXECUTIVE ENGINEER, O & M, HESCOM NEAR DY. S.P. OFFICE, CHIKODI-591 201, NOW AT BEDAKIHAL, CHIKODI TALUK, BELGAUM DISTRICT. …RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE FOR R1-R4; SRI. BAHUBALI DHANAWADE, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING AFTER CALLING FOR RECORDS FROM THE RESPONDENTS, BE PLEASED TO QUASH THE ANNEXURE-A, B AND D PASSED BY THE RESPONDENT NO.4 IN PÁ¤EA(«)/¯É/¸À¯É-2/¹gÀ/CR/6674-75 DATED 22.12.2003 IN NO. a/PÁ¤EA/(«)/¯É/¸À¯É-2/¹Dgï/4709-13 DATED 14.09.2004 IN NO.CKD/EE(E)/AO/AAO-II/SACR/2906-11 DATED 20.06.2006 RESPECTIVELY AND FURTHER BE TO DIRECT THE RESPONDENT NO.1 TO 4 TO REIMBURSE THE AMOUNT DEDUCTED HITHER TO THE PETITIONER WITH INTEREST. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 4 - HC-KAR NC: 2026:KHC-D:532 WP No. 100510 of 2014 ORAL ORDER The petitioner has sought for the following reliefs; a) After calling for records from the respondents, be pleased to quash the Annexure-A, B and D passed by the respondent No.4 in No. a/PÁ¤EA(«)/¯É/¸À¯É-2/¹gÀ/6674-75 dated 22.12.2003, in No.a/PÁ¤EA/(«)/¯É:¸À¯É.2;¹gÀ/4709-13 dated 14.09.2004, in No.CKD/EE(E)/AO/AAO- II/SA(R)/2906-11 dated 20.06.2006 respectively. b) Further be pleased to direct the respondent No.1 to 4 to reimburse the amount deducted hither to the petitioner with interest. c) Such other and further reliefs as this Hon’ble Court deems fir under the circumstances of the case, in the interest of justice and equity. 2. Learned counsel Sri.B.S.Kamate appearing for the respondents-HESCOM submits that recovery - 5 - HC-KAR NC: 2026:KHC-D:532 WP No. 100510 of 2014 proceedings initiated pursuant to the recovery order for a sum of Rs.5,08,114/- have been finally repaid, either by the petitioner during his lifetime, or after his death by his legal representatives. The recovery proceedings have been finally concluded. 3. In light of the above, the present writ petition does not survive for consideration. There is no representation on behalf of the petitioner. This Court has also noted on 07.01.2026 that there is no representation for the petitioner and passed the following order; “Learned counsel for the respondents is present. There is no representation for the petitioner. List this matter on 19.01.2026 under the caption ‘for dismissal’. In the event there is no representation on the said date, the petition would be dismissed for non prosecution.” - 6 - HC-KAR NC: 2026:KHC-D:532 WP No. 100510 of 2014 4. Even today, there being no representation for the petitioner, it appears that the petitioner is not interested to prosecute the petition. This Court has no other option than to dismiss the petition for non-prosecution. Accordingly, the writ petition is dismissed for non-prosecution. Sd/- JUSTICE K.S.HEMALEKHA PJ/CT-MCK List No.: 1 Sl No.: 54