Karnataka High Court
M/S Itagi And Nadagouda Energies ... vs Director Technical And on 20 July, 2017
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
1
IN THE HIGH COU RT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 20 T H DAY OF JULY 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA
WRIT PETITION NO. 102110/2017
& WRIT PETITION NOS.103591- 608/2017 (GM-KEB)
BETWEEN:
M/S ITAGI & NADAGOUDA ENERGIES CLUS TER,
A SELF-HELP GRO UP CLUS TER REGISTERED
UNDER THE PRO VISIONS OF THE
INDIAN PA RTNERSHIP ACT, 1932
IN THE OFFICE OF THE
REGIS TRAR OF F IRM, DHARWAD
UNDER REG NO D WR-F5-2016-17,
DATED 7 T H APRIL 2016
HAVING ITS REGIS TERED OFFICE A T:
H.NO.50, DOLLARS COLONY,
RUDRAGANGA LAYOUT, GOKUL ROAD, HUBLI
REP. BY ITS PARTNER SRI SOMASHEKHAR
... PETITIONER
(BY SRI JAGADISH PA TIL, ADVOCATE.)
AND:
1. DIRECTOR TECHNICAL AND
GENERAL MANAGER ( TECH)
CORPORATE OFFICE HESCOM,
NAVNAGAR, HUBBALLI
REPRESENTED BY ITS OFFICER:
THE EXECU TIVE ENGINEER (ELEC) ,
2
(O & M) HUBBALLI RURAL DIVISION,
HUBBALLI
2. THE KARNA TAKA ELECTRICITY REGU LATORY
COMMISSION, 6 T H & 7 T H FLOOR,
MAHALAXMI CHAMBERS
NO.9/2, M .G. ROAD, BENGALURU-560001
BY ITS SECRETARY.
3. THE MANAGING DIRECTOR,
KPTCL, BENGALURU
4. THE MANAGING DIRECTOR,
KREDL, BENGALU RU
... RESPONDENTS
(BY SRI B S KAMATE, ADVOCATE, F OR R.1 & R.2;
SRI HEMANTH CHANDANAGOUDAR, ADVOCATE, FOR
R.4.)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITU TIONS OF
INDIA PRAYING TO :
A) QUASH ANNEXURES B1 TO B19 THE
ENDORSEMENTS ISSUED BY THE RESPONDENT NO.1
TO TH E PETITIONERS VIZ ., DA TED 03.10.2016;
B) ISSUE A WRIT OF MANDAMUS EXTENDING
THE TIME TO THE PETITIONERS TO COMPLETE TH E
SRTPVS IN ACCORDANCE WITH TH E TERMS OF THE
PPAS AND AS PER KERC BY PRO VINDING THE FULL
365 DAYS TIME EXCLUDING THE PERIOD FROM THE
DATE OF ANNEXURE-B1 TO B2 TO THE DATE OF THE
ORDERS IN THES E PETITIONS;
C) DIRECT THE RESPONDENTS TO ABIDE BY
THE TERMS OF THE AGREEMENT ( PPAS), INCLUDING
PROVIDING SYNCHRONIZATION AND EVACUATION A T
THE POINT OF TH E GRID (I.E. A T TH E SUB-S TA TION) ;
3
D) DIRECT THE RESPONDENTS TO ALLOW TRI
PARTITE AGREEMENT FOR THIRD PARTY INVES TMENT
TO RAISE FUND TO COMPLETE PRO JECT, ETC.,.
THESE WRIT PETITIONS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The learned counsel for the petitioner has filed a memo seeking permission of this Court to withdraw these writ petitions with liberty to file fresh petition if situation demands in future. The memo dated 19.7.2017 is taken on record. These writ petitions are dismissed, as withdrawn, with a liberty as prayed for.
Sd/-
JUDGE Mrk/-