Bcv Developers Private Limited vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Aug 02, 2024

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Citation: sooperkanoon.com/1914138
Court: Karnataka Orders High Court
Judge: K.S. Hemalekha
Decided On: Aug 02, 2024
Case Number: WP/12540/2022

Parties & Advocates

Appellant / Petitioner

Bcv Developers Private Limited

Respondent

State of Karnataka

Excerpt

.....30/3, 33/2, 35/1, 35/2, 35/3, 35/4, no.368/2, 368/3, 368/4, 368/6, 368/7, 368/8, 368/9, 368/10, vilalge, kasaba hobli, devanahalli taluk bengaluru rural dsitrict. this petition, coming on for preliminary hearing in 'b' group, this day, order was made therein as under: coram: hon'ble mrs justice k.s. hemalekhaoral orderlearned counsel for the petitioner files a memo for withdrawal which reads as under: “the petitioner had filed the present writ petition seeking a writ of certiorari restraining the kptcl/ bescom or their agents or anyone claiming through or under them from diverting/utilizing the sy no. 30/3, 33/2, 35/1, 35/2, 35/3, 35/4, 35/5, 36, -3- no. 368/2, 368/3, 368/4, 368/6. 368/7, 368/8, devanahalli taluk, bengaluru rural district. this hon'ble court vide order dated 24.06.2022 was pleased to direct the kptcl/ bescom officials/employers to forthwith restore electricity connection to the project of the petitioner, namely brigade orchards, devanahalli and restrained kptcl/bescom and its officials/employers/agents from connecting the three idle breakers of the 66/11kv sub station set up by the petitioner in its project brigade orchards, devanahalli, for any purpose. during the pendency of the present writ petition, the 2nd respondent vide letter dated 18.03.2024 bearing reference no. see/brc/ee(o)/aee(o)/ae(o)/f-25 & f 22/2023-24/ 9078-82 assured the petitioner that the three breakers present at brigade orchards 2 x 20 mv a, the load of devanahalli town and not to any other private builders. the 2 respondent further assured that bescom power connections for all residential and commercial buildings in brigade orchards premises including under-construction and future proposed will be provided from the existing brigade -4- orchards 2 x 20 mv a, 66/11 kv substation. copy of the said letter is enclosed herewith as annexure-a.under the circumstances, the petitioner prays that this hon'ble court may be pleased to permit the.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 12540 OF 2022 (GM-KEB) BETWEEN: BCV DEVELOPERS PRIVATE LIMITED A COMPANY CORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 29TH FLOOR WORLD TRADE CENTRE, DR RAJKUMAR ROAD MALLESHWARAM RAJAJINAGAR BENGALURU - 560055 REP BY ITS AUTHORIZED SIGNATORY PRAMOD S P. ... PETITIONER (BY SRI. NAMAN JHABAKH, ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE) AND:
1. STATE OF KARNATAKA
Digitally signed by          REPRESENTED BY ITS
MAHALAKSHMI B M              PRINCIPAL SECRETARY
Location: HIGH               VIDHANA SOUDHA
COURT OF KARNATAKA BENGALURU - 560001.
2. BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED M/S BANGALORE ELECTRICITY SUPPLY CO LTD BESCOM CORPORATE OFFICE K R CIRCLE BENGALURU - 560001 REP BY ITS MANAGING DIRECTOR BENGALURU CITY.
3. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS -2- CHIEF ENGINEER ELECTRICITY PLANNING AND CO ORDINATION 2ND FLOOR KAVERI BHAVAN BANGALORE - 560 00. ... RESPONDENTS
(BY SRI.RADHA RANGASWAMY., AGA FOR R1; SMT. SUMANA NAGANAND, ADVOCATE FOR R2; SRI. H.V. DEVARAJU, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE KPTCL/BESCOM RESTRAINING THE RESPONDENTS OR THEIR AGENTS OR ANYONE CLAIMING THROUGH OR UNDER THEM FROM DIVERTING/UTILIZING THE 66/11 KV SUB STATION AT BRIGADE ORCHARDS SITUATED IN SY NO. 30/3, 33/2, 35/1, 35/2, 35/3, 35/4, NO.368/2, 368/3, 368/4, 368/6, 368/7, 368/8, 368/9, 368/10, VILALGE, KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DSITRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

ORAL ORDER

Learned counsel for the petitioner files a memo for withdrawal which reads as under: “The petitioner had filed the present Writ Petition seeking a writ of certiorari restraining the KPTCL/ BESCOM or their agents or anyone claiming through or under them from diverting/utilizing the Sy No. 30/3, 33/2, 35/1, 35/2, 35/3, 35/4, 35/5, 36, -3- No. 368/2, 368/3, 368/4, 368/6. 368/7, 368/8, Devanahalli Taluk, Bengaluru Rural District. This Hon'ble Court vide Order dated 24.06.2022 was pleased to direct the KPTCL/ BESCOM officials/employers to forthwith restore electricity connection to the project of the Petitioner, namely Brigade Orchards, Devanahalli and restrained KPTCL/BESCOM and its officials/employers/agents from connecting the three idle breakers of the 66/11KV Sub Station set up by the Petitioner in its project Brigade Orchards, Devanahalli, for any purpose. During the pendency of the present Writ Petition, the 2nd Respondent vide letter dated 18.03.2024 bearing reference No. SEE/BRC/EE(O)/AEE(O)/AE(O)/F-25 & F 22/2023-24/ 9078-82 assured the petitioner that the three breakers present at Brigade Orchards 2 x 20 MV A, the load of Devanahalli Town and not to any other private builders. The 2 Respondent further assured that BESCOM power connections for all residential and commercial buildings in Brigade Orchards premises including under-construction and future proposed will be provided from the existing Brigade -4- Orchards 2 x 20 MV A, 66/11 kV substation. Copy of the said letter is enclosed herewith as ANNEXURE-A.

Under the circumstances, the Petitioner prays that this Hon'ble Court may be pleased to permit the Petitioner to withdraw the above Petition with liberty to revive the present Petition or file fresh Petition on the same cause of action in the event the Respondents do not adhere to the assurance given vide letter dated 18.03.2024, bearing reference No. SEE/BRC/EE(O)/AEE(O)/AE(O)/F-25 & F- 22/2023-

In the light of the memo for withdrawal filed, the writ petition is dismissed as withdrawn. Sd/- (K.S. HEMALEKHA) JUDGE AN/-

Same Court & Year Karnataka Orders · 2024 Same Parties Bcv Developers Private Limited vs State of Karnataka Same Judge K.S. Hemalekha