On the date of hearing, the petitioner filed a memo withdrawing the writ petition. The court recorded the withdrawal and dismissed the petition accordingly. No substantive legal proposition or permission was sought in the text provided.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
- 1 - NC: 2023:KHC-D:12996 WP No. 106123 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF NOVEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 106123 OF 2023 (GM-KEB)
BETWEEN:
…PETITIONERS
(DR. V.M. KERUDI, PARTY-IN-PERSON)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
…RESPONDENTS
NC: 2023:KHC-D:12996 WP No. 106123 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT OR ORDER DIRECTION TO QUASH THE IMPUGNED ORDER DATED 15/06/2023 PASSED IN THE CASE NO.OMB/H/G-502/2022 BY THE RESPONDENT 1 OMBUDSMAN UNDER ANNEXURE-A; ISSUE OF WRIT MANDAMUS OR OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO THE 2ND RESPONDENT AEE HESCOM TO COLLECT LEVY CLAUSE 311A TOWARDS 3+3KW=6KW OF NEW BUILDING BUILT UP AREA 164SQMTR UNDER LT CATEGORY AND COLLECTED EXCESS LEVY WITH INTEREST TO BE REFUNDED AS PER KERC RULES; ISSUE OF WRIT MANDAMUS OR OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO THE 2ND RESPONDENT AEE HESCOM DECLARING A BLOCK IS A INDEPENDENT BUILDING PREMISES AS PER E-SWATTU ISSUED ORDER BY TOWN PLANNING AUTHORITY COLLECTED FEES WITH TAX. ALSO KINDLY OBSERVE OLD RECORDS HESCOM UNDER WHICH HESCOM DECLARED AS A INDEPENDENT, AND NOT ATTACHED TO ANY OTHER PREMISES CALLED C BLOCK STILL THEN PRESENT AEE HESCOM CLUBBED BUILT UP AREA WITH A NEW BLOCK PREMISES WITH C BLOCK BUILT UP AREA WHICH WAS SETTLED ISSUE BY THE AUTHORITY DATED:11/11/2009, HIGH COURT DURING 2104-2016, AND OMBUDSMAN DURING 26/10/2018. AEE HESCOM ONCE AGAIN ACTED AGAINST REGULATION RULES AND ACT AGAINST THE PRINCIPAL OF RES-JUDICATA ESTOPPEL, THUS DELETE C BLOCK CLUBBED WITH A BLOCK PREMISES AND ISSUE DIRECTION; ISSUE OF WRIT MANDAMUS OR OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO THE 2ND RESPONDENT AEE HESCOM TO SANCTION RELIEF COMPENSATION UNDER SOP 2022 TO PETITIONER AS PER THE KERC RULES STATED UNDER SCHEDULED I UNDER SECTION 181(2) (Za) SECTON 81(1)(i) AND SECTION 57..
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed a memo dated 07.11.2023 and prays that the writ petition may be dismissed as withdrawn.
Memo is taken on record.
Writ petition is dismissed as withdrawn.
Sd/JUDGE
gab Ct-mck List No.: 2 Sl No.: 1
DR. SUSHEELA V. KERUDI
DR. V.M. KERUDI
GIRIJA A BYAHATTI
ELECTRICITY OMBUDSMAN BANGALORE
ASST. EXECUTIVE ENGINEER EL, HESCOM
PRESIDENT CONSUMER GRIEVANCES REDRESSAL FORUM
M.I. ARUN
As recorded by the court registry
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