IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.24877/2018 (GM – KEB) BETWEEN:
M/s PRAGATHI GROUP A PARTNERSHIP FIRM CONSTITUTED AND GOVERNMED BY THE PROVISIONS OF THE PARTENRSHIP ACT, 1932, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.28/2, 2ND FLOOR, CUNNINGHAM ROAD BENGALURU-560052 REP BY ITS MANAGING PARTNER Mr. Y.A.HARIKISHORE …PETITIONER (BY SRI SHRIDHAR PRABHU, ADV.) AND:
1 . STATE OF KARNATAKA DEPARTMENT OF ENERGY VIKAS SOUDHA BENGALURU-560 001 (REP BY ITS ADDITIONAL CHIEF SECRETARY) 2 . KARNATAKA ELECTRICITY REGULATORY COMMISSION HAVING ITS OFFICE AT NO.16, C-1 MILLER ROAD AREA, VASANT NAGAR BENGALURU-560052 (REP BY ITS CHAIRPERSON) 3 . KARNATAKA POWER TRANSMISSION CORPROATION LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT 1956 HAVING ITS REGISTERED KAVERI BHAVAN, K G ROAD BENGALURU-560 009 (REP BY ITS MANAGING DIRECTOR) 4 . BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT K R CIRCLE BENGLAURU-560 001 (RER BY ITS MANAGING DRIECTOR) …RESPONDENTS (BY SRI NILOUFER AKBAR, AGA FOR R-1;
SRI MAYANNA, ADV. FOR M/S LAWYERS INC. ADVS. FOR R-2; SRI H.V.DEVARAJU, ADV. FOR R-3;
SRI G.C.SHANMUKHA, ADV. FOR R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER BEARING No.S/03/2017 DATED 14.05.2018 PASSED BY THE 2ND RESPONDENT – KARNATAKA ELECTRICITY REGULATORY COMMISSION, BENGALURU VIDE ANNEXURE-A AS FAR AS THE PETITIONER IS CONCERNED.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order dated 14.05.2018 passed by the second respondent – Karnataka Electricity Regulatory Commission, Bengaluru inter alia seeking a direction to the respondents to exempt the petitioner from payment of Wheeling, Banking and Cross subsidy Surcharge or any other payment, as per order dated 18.08.2014 passed by the second respondent.
2. It is not in dispute that the subject matter of this writ petition is similar to the issue considered and disposed of by this Court in W.P.Nos.23158- 123162/2018 and allied matters disposed of on 13.03.2019.
Hence, the writ petition stands disposed of in terms of the said order referred to above. The impugned order dated 14.05.2018 passed by the second respondent – Karnataka Electricity Regulatory Commission, Bengaluru is quashed.
Sd/- JUDGE NC.