The Power Grid Corporation vs The Karnataka Education Society on 6 December, 2017

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Karnataka High Court

The Power Grid Corporation vs The Karnataka Education Society on 6 December, 2017

Bench: P.S.Dinesh Kumar

                            -1-
                                  WA Nos.6386 & 6400/2017

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
                               -2-
                                      WA Nos.6386 & 6400/2017

        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 -3- WA Nos.6386 & 6400/2017 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. -4-

WA Nos.6386 & 6400/2017

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 Sd/-

JUDGE bkv

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