IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NOS.46882-46883 OF 2018 C/W WRIT PETITION NOS.46878-46879 OF 2018(GM-KEB) IN W.P.Nos.46882-46883/2018 Between:
M/s. M K Eco Power Pvt Ltd No 389, Kaveri Layout, M B Road, Srirangapatna - 571438 Represented by its Authorized Representative Shri Adhityan E S …Petitioner (By Sri.Shivaprasad Shantanagoudar, Advocate) And:
1. State of Karnataka Represented by the Addl Chief Secretary Department of Energy, Vikasa Soudha, Dr.Ambedkar Veedhi Bengaluru - 560001 2. Karnataka Electricity Regulatory Commission, Represented by its Chairperson No.16, C-1, Millers Bed Area, Vasanth Nagar Bengaluru – 560001.
3. Bangalore Electricity Supply Company Limited Having its registered office at K R Road, Bengaluru - 560001 Represented by its Managing Director 4. Hubli Electricity Supply Company Limited Having its Registered Office At Navanagar P.B Road, Hubbali - 580025 Represented by its Managing Director 5. Karnataka Power Transmission Corporation Limited Represented by its Managing Director Kaveri Bhavan, K G Road, Bengaluru - 560009 ...Respondents (By Sri.V.Sreenidhi, AGA for R1; Sri.Mayanna B.L, Advocate for R2; Sri.Sriranga, Advocate for R3 and R5;
Sri.Prashanth T. Pandit, Advocate for R4) These Writ Petitions are filed under Articles 226 and 227 of Constitution of India, praying to quash the impugned order dated 09.01.2018 passed by the R-1 in O.P.No.90/2016 and 100/2016 vide Annexure-E and etc.
In W.P.Nos.46878-46879/2018 Between:
M/s. M K Agrotech Pvt Ltd No 389, Kaveri Layout, M.B Road, Srirangapatna - 571438 Represented by its Authorized Representative Shri Adhityan E S …Petitioner (By Sri.Shivaprasad Shantanagoudar, Advocate) And:
1. State of Karnataka Represented by the Addl Chief Secretary Department of Energy, Vikasa Soudha Dr.Ambedkar Veedhi Bengaluru - 560001 2. Karnataka Electricity Regulatory Commission Represented by its Chairperson No.16, C-1, Millers Bed Area, Vasanth Nagar Bengaluru - 560001 3. Bangalore Electricity Supply Company Limited Having its registered office at K R Road, Bengaluru - 560001 Represented by its Managing Director 4. Hubli Electricity Supply Company Limited Having its Registered Office At Navanagar P B Road, Hubbali - 580025 Represented by its Managing Director 5. Karnataka Power Transmission Corporation Limited Represented by its Managing Director Kaveri Bhavan K G Road, Bengaluru - 560009 ...Respondents (By Sri.V.Sreenidhi, AGA for R1; Sri.Mayanna B.L, Advocate for R2; Sri.Sriranga, Advocate for R3 and R5;
Sri.Prashanth T. Pandi, Advocate for R4) These Writ Petitions are filed under Articles 226 and 227 of Constitution of India, praying to quash the impugned order dated 09.01.2018 passed by the R-2 in O.P.No.90/2016 and 100/2016 vide Annexure-E and etc.
These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER In these petitions, the petitioners have assailed the order dated 09.01.2018. The petitioners can avail statutory remedy of appeal before appellate authority under Section 111 of the Electricity Act, 2003.
Accordingly, petitioners are relegated to the appellate authority; within a period of four weeks from today. Petitioners are permitted to file the appeal. Appellate authority may consider delay in filing appeal sympathetically, since petitioners were agitating their rights before this Court.
Accordingly, these writ petitions are disposed of.
Sd/- JUDGE ag