Dismissed

Bcv Developers Private Limited v. State of Karnataka

Karnataka HC2 Aug 2024WP/12540/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition filed by a private developer challenging the diversion of a sub-station. The petitioner withdrew the petition by filing a memo citing an assurance from the second respondent to use breakers exclusively for municipal loads, with liberty to revive the case on default. The court dismissed the petition accordingly.

What did the court decide?

The writ petition was dismissed as withdrawn.

Bcv Developers Private Limited Vs State of Karnataka — Consumer Protection | Karnataka HC (2024)

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1 - NC: 2024:KHC:30546 WP No. 12540 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

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WRIT PETITION NO. 12540 OF 2022 (GM-KEB)

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BETWEEN:

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BCV DEVELOPERS PRIVATE LIMITED A COMPANY CORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 29^TH FLOOR WORLD TRADE CENTRE, 26/1 BRIGADE GATEWAY 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)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU - 560001.

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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.

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KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS

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2 - NC: 2024:KHC:30546 WP No. 12540 of 2022

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CHIEF ENGINEER ELECTRICITY PLANNING AND CO ORDINATION 2^ND FLOOR KAVERI BHAVAN BANGALORE - 560 00.

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... RESPONDENTS

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(BY SRI.RADHA RANGASWAMY., AGA FOR R1; SMT. SUMANA NAGANAND, ADVOCATE FOR R2; SRI. H.V. DEVARAJU, ADVOCATE FOR R3)

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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, 35/5, 36, 37/2P, 38/2, 39, 41, OF RAYANSANDRA VILALGE AND SY NO.368/2, 368/3, 368/4, 368/6, 368/7, 368/8, 368/9, 368/10, 371/1, 371/2, 372, 379, 413/1, 413/2, AND 414 OF DEVANAHALLI VILALGE, KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DSITRICT.

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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

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ORAL ORDER

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Learned counsel for the petitioner files a memo for withdrawal which reads as under:

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“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 66/11 KV sub-station at Brigade Orchards situated in Sy No. 30/3, 33/2, 35/1, 35/2, 35/3, 35/4, 35/5, 36, 37/2P. 38/2, 39, 41 of Rayasandra Village and Sy

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NC: 2024:KHC:30546 WP No. 12540 of 2022

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No. 368/2, 368/3, 368/4, 368/6. 368/7, 368/8, 368/9, 368/10, 371/1, 371/2, 372, 379, 413/1, 413/2 and 414 of Devanahali Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District.

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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.

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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, 66/11 kV substation would be used only to cater to 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

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4 - NC: 2024:KHC:30546 WP No. 12540 of 2022

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Orchards 2 x 20 MV A, 66/11 kV substation. Copy of the said letter is enclosed herewith as ANNEXURE-A.

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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- 22/202324/9078-82.”

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In the light of the memo for withdrawal filed, the writ petition is dismissed as withdrawn.

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Sd/(K.S. HEMALEKHA) JUDGE

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AN/-

Bcv Developers Private Limited v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Bcv Developers Private Limited v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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