IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NOS.6386 & 6400/2017 (GM-KEB) BETWEEN :
THE POWER GRID CORPORATION OF INDIA LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) SOUTHERN REGION TRANSMISSION SYSTEM II PRAGATI MAHALAKSHMI SOUTH BLOCK (2ND AND 3RD BLOCK) 62, 3RD CROSS MEI ROAD, INDUSTRIAL SUBURB YESHWANTHPUR, BANGALORE-560022 REPRESENTED BY ITS DIRECTOR NOW AT: YELAHANKA 400/220 KV SUB-STATION NEAR RTO DRIVING TEST TRACK SINGANAYAKANAHALLI OFF YELAHANKA-DODDABALLAPUR ROAD YELAHANKA HOBLI, BANGALORE-560064 REPRESENTED BY ITS DY.GENERAL MANAGER MR.C.D.KISHORE ...APPELLANT (BY SRI JOSHUA HUDSON SAMUEL, ADVOCATE) AND :
1. THE KARNATAKA EDUCATION SOCIETY A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING ITS REGISTERED OFFICE AT NO.121, 3RD CROSS, 3RD PHASE J.P.NAGAR, BANGALORE-560078 REPRESENTED BY ITS SECRETARY MR.NISSAR AHMED AGED ABOUT 57 YEARS 2. A.H.MEMORIAL EDUCATIONAL TRUST NO.29, ALBERT STREET RICHMOND TOWN, BANGALORE-560025 REPRESENTED BY ITS TRUSTEE MR.NISSAR AHMED AGED ABOUT 57 YEARS …RESPONDENTS (BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI DORERAJ & SRI SHRIDAR PRABHU, ADVOCATES) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 23.10.2017 PASSED IN WRIT PETITION NOS.16958-16959/2014.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Ag.CJ (Oral):
1. These intra Court appeals are directed against an interlocutory order dated 23.10.2017 passed by a learned Single Judge of this Court in Writ Petition Nos.16958- 16959/2014.
2. In support of the appeal, Sri Joshua Hudson Samuel, learned counsel appearing for the appellant referred to three decisions of the Supreme Court in Power Grid Corpn. of India Ltd. v. Century Textiles & Industries Ltd. [(2017) 5 SCC 143], Orissa Power Transmission Corpn. Ltd. v. Asian School of Business Management Trust [(2013)8 SCC 738] and Ramakrishna Poultry (P) Ltd. v. R.Chellappan [(2009)16 SCC 743]. On being asked, the learned counsel submits that these decisions were not brought to the notice of the learned Single Judge.
3. In support of the impugned order, Sri Udaya Holla, learned Senior Counsel appearing for the respondents referred to certain provisions of the Electricity Act, 2003. However, he also submits that these provisions were not brought to the notice of the learned Single Judge. Further, he submits that the aforesaid decisions of the Supreme Court referred to by the learned counsel for the appellant have no bearing on the matter.
4. However, the learned counsel on both sides, after arguing the matter at some length, submit that the matter may be remitted to the learned Single Judge for reconsideration.
5. Having regard to the peculiar facts of the case and in the interest of justice, we accept the joint submission made by the learned counsel on both sides. We refrain from expressing any opinion on the merits of the matter as it may prejudice the case of the parties in the writ petitions.
6. In view of the above, we make the following order: The impugned order dated 23.10.2017 passed in Writ Petition Nos.16958-16959/2014 is set aside. The matter is remitted to the learned Single Judge for reconsideration. We request the learned Single Judge to reconsider the matter in the light of the aforesaid decisions of the Supreme Court and the provisions of the Electricity Act, 2003. All contentions of both the parties are kept open. The writ appeals are accordingly disposed of. In view of disposal of the appeals, I.A.Nos.3 to 6/2017 do not survive for consideration; they stand disposed of accordingly.
Appeals disposed of.
Sd/-
ACTING CHIEF JUSTICE bkv Sd/- JUDGE