Disposed¶44

Genus Power Infrastructures Limited v. Hubli Electricity Supply Company Limited

Karnataka HC14 Feb 2025WP/65958/2012

Case brief

AI extract

What is this about?

Karnataka HC Dharwad; WP 65958/2012 (T-RES); NC: 2025:KHC-D:3109; Justice M. Nagaprasanna; 14.02.2025; recall of dismissal for non-prosecution; petition restored to file; C Forms; CST Act 1956 S.9(2) notice dated 28.05.2012; minutes of meeting 07.02.2011; Article 226 mandamus; HESCOM Hubli Electricity Supply Company; Commercial Tax Officer (Audit) DVO-I Belagavi; Assistant/Deputy Commissioner of Commercial Taxes (Enforcement) Hubballi; competent authority order dated 11.02.2025; liberty to challenge; disposed.

What did the court decide?

Recall of the dismissal-for-non-prosecution order dated 20.01.2025 and restoration of the petition to file; liberty reserved to the petitioner to challenge the competent authority's order dated 11.02.2025. ¶44

Genus Power Infrastructures Limited Vs Hubli… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:3109 WP No. 65958 of 2012

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO.65958 OF 2012 (T-RES)

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BETWEEN:

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GENUS POWER INFRASTRUCTURES LIMITED CORPORATE OFFICE, SPL – 3, RIICO INDUSTRIAL AREA, SITAPURA, TONK ROAD, JAIPUR, REPRESENTED BY SRI. M. SUDINDRA S/O. R. MUDDURANGAIAH, AGE: 44 YEARS, GPA HOLDER.

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…PETITIONER

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(BY SRI H. R. KAMBIYAVAR, ADVOCATE)

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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AND:

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HUBLI ELECTRICITY SUPPLY COMPANY LIMITED, CORPORATE OFFICE, NAVANAGR, P.B. ROAD, HUBBALLI – 580 025, KARNATAKA STATE, REP. BY ITS MANAGING DIRECTOR, C.M.D HESCOM.

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COMMERCIAL TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES, (AUDIT) 1-2 DVO-I, BELAGAVI – 1 HUBBALLI – 580 025.

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NC: 2025:KHC-D:3109 WP No. 65958 of 2012

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THE ASSISTANT COMISSIONER OF COMMERICAL TAXES, (ENFORCEMENT), GOVT. BUILDING, V.T. BHAVAN, NAVANAGAR, P.B. ROAD, HUBBALLI – 580 025.

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THE DEPUTY COMMISSIONER OF COMMERICAL TAXES, (ENFORCEMENT), V.T. BHAVAN, NAVANAGAR, P.B. ROAD, HUBBALLI.

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…RESPONDENTS

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(BY SRI SHARAD V. MAGADUM AGA FOR R2 TO R4; SRI B. S. KAMATE, ADVOCATE FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR A DIRECTION OR ORDER IN THE RESPONDENTS HEREIN TO ISSUE C FORMS FORTHWITH; QUASH AND SET ASIDE THE MINUTES OF THE MEETING HELD ON 07.02.2011 REGARDING C-FORM ISSUE MATTER, IS MARKED AS ANNEXURE-A; ALTERNATIVELY, QUASH AND SET ASIDE THE NOTICE U/SEC.9(2) OF THE CST ACT, 1956 DATED 28.05.2012 ARE MARKED AS ANNEXURE-B & C AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:3109 WP No. 65958 of 2012

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

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1. The subject petition comes to be dismissed for

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its non-prosecution by the following order:

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“1. The matter is of the year 2012. There has been no representation on behalf of the petitioner through out.

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2. This Court on 06.01.2025 has passed the following order:

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“No representation on behalf of the petitioner.

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As a last chance, list the matter on 20.01.2025.”

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3. Even today, there is no representation on behalf of the petitioner.

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4. Therefore, the petition is dismissed for nonprosecution.”

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The learned counsel for the petitioner has filed

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an application seeking recall of the said order.

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For the reasons indicated in the affidavit

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accompanying the application, and being satisfied with the same, the order dated *20.01.2025 stands recalled. Petition is restored to file.

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* Corrected vide court order dated 21.03.2025

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4 - NC: 2025:KHC-D:3109 WP No. 65958 of 2012

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The learned AGA on instructions and securing of records would submit that after the dismissal of the petition as afore-quoted, the competent authority has passed an order.

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The learned counsel for the petitioner at this juncture seeks leave of this Court to challenge the said order.

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In the light of the aforesaid circumstance, reserving liberty to the petitioner to challenge the order dated 11.02.2025, the petition stands disposed.

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Sd/(M.NAGAPRASANNA)

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JUDGE

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KGK/CT-ASC List No.: 1 Sl No.: 95

Genus Power Infrastructures Limited v. Hubli Electricity Supply Company Limited

Case brief

What is this about?

What did the court decide?

Genus Power Infrastructures Limited v. Hubli Electricity Supply Company Limited

Case brief

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