1/3 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Dr.JUSTICE VINEET KOTHARI W.P.No.29823/2013 (GM-KEB) BETWEEN M/S. K.M.S. RICE MILLS ANANDAPURAM BY ITS PROPRIETOR K.M. YUSUF S/O LATE KAMALUDEEN AGED ABOUT 79 YEARS R/O. ANANDAPURAM, SAGAR TALUK SHIMOGA DISTRICT-577301.
(BY SRI JAYAPRAKASH R.V. ADVOCATE) ...PETITIONER AND 1. MANGALORE ELECTRICTIY SUPPLY COMPANY LTD., (MESCOM), PARADIGM PLAZA A.B. SHETTY CIRCLE, PANDESHWARA MANGALORE-575 001 DAKSHINA KANNADA DISTRICT BY ITS MANAGING DIRECTOR.
2. THE CHIEF ENGINEER (ELECL.) MESCOM, MANGALORE DAKSHINA KANNADA DISTRICT-575001 (FIRST APPELLATE AUTHORITY) 3. THE ASST. EXECUTIVE ENGINEER (ELECL.) O & M SUB DIVISION, KARNATAKA POWER TRANSMISSION CORPORATION LTD., SAGAR, SHIMOGA DISTRICT-577 401.
...RESPONDENTS (BY SRI H.V. DEVARAJU, ADVOCATE FOR SRI. N.K. GUPTA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R3 PERTAINING TO THE ABOVE CASE & QUASH ANN-W, THE ORDER DT:17-5-2013 PASSED BY THE ASST. EXECUTIVE ENGINEER (E), O & M SUB-DIVISION, MANGALORE ELECTRICITY SUPPLY COMPANY LTD., SAGAR- 577401 SHIVMOGGA DIST. (R3) & ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. Jayaprakash R.V. Adv. for Petitioner. Mr. H.v. Devaraju, Adv. for Mr. N.K. Gupta, Adv. for Respondents.
After arguing for some time, the learned counsel for the petitioner, wants to withdraw this petition with a liberty to file an appeal against the impugned order passed under Section 126 of the Electricity Act (for short ‘the Act’), 2003, vide Annexure-W dated 17.05.2013 before the Superintendent Engineer under Section 127 of the Act.
2. The present petition is accordingly dismissed as withdrawn with a liberty to the petitioner to file an appeal before the Appellate Authority.
If such an appeal is filed by the petitioner within a period of thirty days from today, the same shall be entertained without raising any objection of bar of limitation against the assessee, but however subject to the assessee satisfying the other conditions for maintaining such appeal before the Appellate Authority and the Appellate Authority shall decide the appeal on merits in accordance with law after hearing the concerned parties on both sides. No costs.
Sd/- JUDGE TL