M/S Rns Infrastructure Ltd vs Karnataka Electricity on 8 August, 2019

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Karnataka High Court

M/S Rns Infrastructure Ltd vs Karnataka Electricity on 8 August, 2019

Bench: P.B. Bajanthri

                           1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 08TH DAY OF AUGUST, 2019

                       BEFORE

       THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

       WRIT PETITION NO.22835/2018 (GM-KEB)

BETWEEN:

M/S. RNS INFRASTRUCTURE LTD.,
NAVEEN COMPLEX, 7TH FLOOR,
NO.14, M.G. ROAD,
BANGALORE-560001
REPRESENTED BY ITS MANAGING DIRECTOR,
SHRI NAVEEN R. SHETTY.
                                         ... PETITIONER

(BY SRI.SHIVAPRASAD SHANTANAGOUDAR, ADV.,)

AND:

1. KARNATAKA ELECTRICITY
REGULATORY COMMISSION,
REPRESENTED BY ITS
CHAIRPERSON,
NO.16, C-1 MILLERS BED AREA,
VASANTH NAGAR,
BENGALURU-56001.

2. BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED,
A COMPANY REGISTEED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE
AT K.R. ROAD,
BENGALURU-560001,
REPRESENTED BY ITS
MANAGING DIRECTOR.

3. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
REPRESENTED BY ITS
MANAGING DIRECTOR,
KAVERI BHAVAN,
                                 2




K.G. ROAD,
BENGALURU-560009.

4. STATE OF KARNATAKA,
REPRESENTED BY THE
ADDL. CHIEF SECRETARY,
DEPARTMENT OF ENERGY,
VIKASA SOUDHA,
DR.AMBEDKAR VEEDHI,
BENGALURU-560001.
                                              ... RESPONDENTS

(BY SRI. T.S. AMAR KUMAR, ADV., FOR
SRI M/S. LAWYERS INC FOR R1
SRI SHAHBAAZ HUSSAIN, ADV., FOR R2
SRI V. SREENIDHI, AGA FOR R4,
R3 SERVED)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED     ORDER      DATED   09.01.2018   PASSED   BY    THE
RESPONDENT NO.1 IN O.P. NO.90/2016, VIDE ANNEXURE-D
AND ETC.,


      THIS PETITION IS COMING ON FOR          PRL. HEARING 'B'
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-


                           ORDER

In the instant petition, petitioner has sought for the following relief:

            i.    Call for records.

            ii.   Issue    a    writ   in   the   nature   of

certiorari quashing the impugned order dated 09.01.2018 passed by 3 the respondent No.1 in O.P. No.90/2016 vide annexure-D. iii. Issue a writ in the nature of mandamus directing respondent No.4 to issue a direction under Section 108 of the Electricity Act, 2003 to provide the banking facility to the petitioner on water/financial year basis as mandated under Clause 6.2 of the wheeling and banking agreement dated 08.08.2016 vide Annexure-C.

2. Identical matters were subject matter of writ petition Nos.12576/2018 and connected matters. This Court remanded the matter to Karnataka State Electricity Regulatory Commission, Bengaluru for deciding the issue afresh. Similarly, in the Appellate Tribunal for Electricity in Appeal No.42/2018 also matter had been remitted to Karnataka Electricity Regulatory Commission, Bengaluru.

3. In view of the above facts and circumstances, present petition stands disposed of in 4 terms of the order passed in Writ Petition No.12756/2018 and connected matters.

Sd/-

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