Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 665 OF 2022 (GM-KEB) BETWEEN: MICROTECH EXPORTS, HAVING ITS OFFICE AT NO.72/73 BOMMASANDRA, JIGINI LINK ROAD, BANDENALLASANDRA HOBLI, JIGINI ANEKAL TALUK, BENGALURU - 560 105, REP. BY ITS PARTNER R.R. HARISH. …PETITIONER (BY SRI SUSHAL TIWARI N., ADVOCATE) AND:
1. THE MANAGING DIRECTOR, BANGALORE ELECTRICITY SUPPLY COMPANY, K.R.CIRCLE, BENGALURU - 560 001.
Digitally signed by 2. THE SUPERINTENDENT ENGINEER, ANUSHA V BESCOM ANEKAL DIVISION, Location: High BENGALURU RURAL DISTRICT - 562 106.Court of Karnataka
3. THE EXECUTIVE ENGINEER, BESCOM, ANEKAL DIVISION,
4. THE ASSISTANT EXECUTIVE ENGINEER (EL) O AND M SUB-DIVISION, JIGANI ANEKAL TALUK, …RESPONDENTS (BY SRI VIKRAM UNNI RAJAGOPAL, ADVOCATE) -2- THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE ISSUED BY THE RESPONDENT NO.4 WHICH IS HEREIN PRODUCED AS ANNEXURE-H AND DIRECT THE RESPONDENTS COMPANY TO CONSIDER THE REPRESENTATION/REPLY GIVEN BY
THE PETITIONER DATED 15.12.2021 AND PASS NECESSARY ORDER
WHICH IS PRODUCED AT ANNEXURE-D. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
This writ petition is filed for following reliefs: "a) Issue a Writ in the nature of Certiorari quashing the impugned notice issued by the 4th Respondent bearing No.AEE/Jigani/AEO dated Nil, which is herein produced as Annexure-H;
b) Issue a Writ of Mandamus or any other order
directing the Respondents company to consider the representation / reply given by the Petitioners' dated 15.12.2021 and pass necessary order, which is produced as Annexure-D; AND c) GRANT such other relevant as this Hon'ble Court deems fit in the circumstances of the case, in the interests of justice and equity." -3-
2. Sri Vikram Unni Rajagopal, learned counsel for
respondents would submit that insofar as relief sought, petitioner is having efficacious alternative remedy of approaching Consumer Grievance Redressal Forum and Ombudsman ('Forum' for short) under Karnataka Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Ombudsman) Regulations, 2004 ('Regulations' for short), as issue about error in billing would fall within scope of grievance under Regulation 9 of Regulations. He submits that this Court in W.P.no.25199/2015 disposed of on 22.08.2017, under similar circumstances has relegated petitioner therein to avail remedy before Forum.
3. In response, Sri Sushal Tiwari, learned counsel for
petitioner submits that petitioner had approached this Court as there was eminent threat of disconnection of power supply to petitioner - firm. It was submitted, this Court had granted interim order of stay against disconnection on 21.01.2022. It was submitted, petitioner approach Forum along with application for interim protection and seeks for continuation of interim order granted by this Court. -4-
4. Heard learned counsel for parties and perused writ petition papers.
5. In view of above and as petitioner's grievance
espoused in writ petition could be redressed before Forum, which would be efficacious alternative remedy, instead of keeping writ petition pending, it would be appropriate to relegate petitioner to exhaust remedy before Forum. Accordingly, following:
ORDER
(i) Writ petition is disposed of;
(ii) Petitioner to approach 'Forum' for redressal of its grievance in writ petition; and
(iii) If petitioner approaches Forum within six
weeks from today and along with application for interim order, interim order granted by this Court would enure to petitioner, till consideration of such application for interim
order by Forum.
Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 43