IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.51512 OF 2013 (GM-RES) BETWEEN:
Sarojamma W/o Rame Gowda Aged about 50 years, Residing at Arakere Village, Srirangapattana Taluk, Mandya District – 571438. …Petitioner (By Sri Munegowda, Advocate for Sri H. Shanthi Bhushan, Advocate) AND:
1. The State of Karnataka, By its Secretary Energy Department M.S. Building Bangalore – 560 001.
2. Managing Director Chamundeshwari Electricity Supply Corporation Ltd., #927, L.J.Avenue Commercial Complex, New Kantharaj Urs Road, Saraswathipuram, Mysore – 570009.
3. Superintend Engineer Chamundeshwari Electricity Supply Corporation Ltd., Mandya Sub-Division, Nilgiri Road, Mandya – 571 401.
4. Executive Engineer Chamundeshwari Electricity Supply Corporation Ltd., Mandya Sub-Division, Nilgiri Road, Mandya – 571 401.
… Respondents (By Smt. Niloufer Akbar, AGA for R1;
Sri Devaraju H.V., Advocate for R2 to R4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent to pass enhanced compensation of Rs.4,97,000/- along with 12% interest per annum and by allowing this petition with cost and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
O R D E R Learned counsel for the respondents has filed a memo along with the order passed by this Court in writ petition Nos.54502-506/2015 stating that the writ petition is not maintainable. This Court in writ petition Nos.54502- 506/2015 has held that the appropriate remedy for the parties is to file a suit before the Civil Court. The same is not disputed by the Learned counsel for the petitioner.
Memo is placed on record.
The writ petition is disposed of with liberty to the petitioner to file appropriate suit in competent civil court within a period of sixty days from today if the suit is filed within 60 days. The Court before where such suit is filed is directed not to object for the delay and to decide the suit in accordance with law. Accordingly writ petition is disposed of.
Accordingly, writ petition is disposed of.
Sd/- JUDGE rv/GJM