M/S. Valchand K Shah Vs the Executive Engineer (Ele)

M/S. VALCHAND K.SHAH REGISTERED PARTNERSHIP FIRM BY ITS MANAGING PARTNER JAYAWANT S/O. VALCHAND SHAH AGE. 59 YEARS, OCC. BUSINESS, R/O. H.NO. 689, “SANJAY NIVAS” ASHOK NAGAR, NIPPANI-591237, DIST. BELAGAVI.

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Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA

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M/S. JAY INDUSTRIES (STONE CRUSHER UNIT) A UNIT OF VALCHAND K.SHAH PARTNERSHIP FIRM REPRESENTED BY PARTNER JAYAWANT S/O. WALCHAND SHAH AGE. 59 YEARS, OCC. BUSINESS, R/O. H.NO. 689, “SANJAY NIVAS”, ASHOK NAGAR, NIPPANI-591237, DIST. BELAGAVI.

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…PETITIONERS

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(BY SRI. RAGHUVEER SATTIGERI, ADVOCATE)

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AND:

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THE EXECUTIVE ENGINEER (ELE) AND THE APPELLATE AUTHORITY OFFICE OF THE EXECUTIVE ENGINEER (ELE) O AND M DIVISION, GESCOM NEAR KEB HANUMAN TEMPLE,

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HC-KAR

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BIDAR-585401.

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THE ASSISTANT EXECUTIVE ENGINEER (ELE) O AND M SUB-DIVISION, HESCOM NIPPANI-591237, DIST. BELAGAVI.

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THE ASSISTANT EXECUTIVE ENGINEER (ELE) LTRM SUB-DIVISION, HESCOM CHIKKODI-591201, DIST. BELAGAVI.

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THE MANAGING DIRECTOR, GULBARGA ELECTRICITY SUPPLY COMPANY STATION ROAD, GULBARGA-585102.

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THE MANAGING DIRECTOR, HUBLI ELECTRICITY SUPPLY COMPANY CORPORATE OFFICE, HESCOM P.B. ROAD NAVANAGAR, HUBALLI-580025, DIST. DHARWAD.

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…RESPONDENTS

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(BY SRI. SHIVARAJA P.MUDHOL, ADV. FOR R1 TO R3 AND R5; SRI. B.S. KAMATE, ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO I. ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 16.06.2020 PASSED IN APPEAL BEARING NO.BIDAR/A.E(VI)OOLENI/LE/SALE/SA-2/MELMANAVI/202021/461-66 PASSED BY THE RESPONDENT NO.1 PRODUCED AT ANNEXURE-A. II. ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE LETTER/DEMAND NOTICE DATED 21.03.2016 BEARING NO.NPN/AEEE/SA/3144 ISSUED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-B. III. THE RESPONDENTS NO.2 AND 3 MAY KINDLY BE DIRECTED TO REFUND A SUM OF RS.1,60,453/- WITH INTEREST AT THE RATE OF 9% PER ANNUM TILL REALIZATION OR THE SAID AMOUNT MAY KINDLY BE DIRECTED TO BE ADJUSTED IN THE EXISTING BILL IN RESPECT OF HT CONNECTION. IV. ISSUE ANY WRIT OR DIRECTION AS DEEM FIT BY THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY.

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HC-KAR

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking for the following

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prayer:

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“i. Issue writ in the nature of certiorari by quashing the Order dated 16.06.2020 passed in appeal bearing No.Bidar/A.E(Vi)OoLeNi/Le/SaLe/Sa-2/Melmanavi/ 2020-21/461-66 passed by the Respondent No.1 produced at Annexure-A.

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ii. Issue writ in the nature of certiorari by quashing the Letter/Demand Notice dated 21.03.2016 bearing No.NPN/AEEE/SA/3144 issued by the Respondent No.2 produced at Annexure-B.

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iii. The Respondents No.2 and 3 may kindly be directed to refund a sum of Rs.1,60,453/- with interest at the rate of 9% per annum till realization or the said amount may kindly be directed to be adjusted in the existing bill in respect of HT connection.

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iv. Issue any writ or direction as deem fit by this Hon’ble Court in the interest of justice and equity.“

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It is the case of the petitioner/Firm that it is having

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an electricity connection for the Stone Crushers in the name of Jay Industries Stone Crushers. On 18.02.2016, respondent No.3 inspected the stone crusher site and issued two Rating Reports by raising certain objections stating that there are two separate electricity connections in one premise. The petitioner submitted detailed reply to the respondent No.3 on 29.02.2016 specifically

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HC-KAR

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stating that the connection wherein YMGR-30 LT Meter is serviced on 12.12.1973 for the purpose of stone crusher in the name of Jay Industries Stone Crushers, Yamagarni, Chikkodi Taluk and YMGR-282 LT Meter is serviced on 20.07.1989 in the name of M/s.Valachand K.Shah for the purpose Belt Conveyor and pumping the water from the quarry and it is stated that the said two connections have been installed in two different premises, since the wall between two premises has collapsed, both the connections are fixed on the same wall as temporary arrangement till construction of new wall. It is the case of the petitioner that the respondent Nos.2 and 3, without considering the reply submitted by the petitioner and without affording sufficient opportunity, issued the demand notice dated 21.03.2016 and directed to replace a faulty capacitor within 30 days from the date of receipt of the letter and the said demand notice has been served upon the petitioner on 10.05.2016. Immediately, the petitioner had approached the Appellate Authority by filing the appeal on 07.06.2016 by depositing a sum of Rs.80,227/- i.e. 50% of the assessed amount. It is the grievance of the petitioner that the Appellate Authority without intimating the date of hearing to the petitioner and in absence of

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HC-KAR

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the petitioner, passed the impugned order dated 16.06.2020 which made the petitioner to come before this Court.

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Learned counsel appearing for the petitioner has argued on the merits of the matter and also submitted that the Appellate Authority without issuing any notice, without giving an opportunity of hearing and contrary to the principles of natural justice, has passed the order and even on the merits of the case also the said demand notice is contrary to law and the same needs to be set aside.

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Learned counsels appearing for the respondents submit that, after inspection and considering the case of the petitioner, the demand notice is issued and the Appellate Authority has rightly confirmed the same.

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Having heard the counsel on either side, perused the material on record. The order impugned does not disclose the notice to the petitioner. Before passing any order, the Appellate Authority ought to have given an opportunity to the petitioner and then ought to have passed an order. Hence, this Court is passing the following:

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HC-KAR

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ORDER

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(i) Accordingly, the writ petition is disposed of by setting aside the order impugned dated 16.06.2020 passed in Appeal bearing No. Bidar/A.E(Vi)OoLeNi/Le/SaLe/Sa-2/Melmana vi/2020021/ 461-66 by the respondent No.1.

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(ii) The matter is remanded back to the Appellate Authority to consider the same in accordance with law by giving an opportunity to the petitioner.

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(iii) Without further notice, the petitioner shall appear before the Appellate Authority/ Superintendent Engineer on 23.02.2026 and within 2 weeks from there on, the Appellate Authority shall pass appropriate orders.

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(iv) All contentions are left open.

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(v) All I.As. in this writ petition shall stand closed.

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Sd/JUSTICE LALITHA KANNEGANTI

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CT: UMD/ List No.: 1 Sl No.: 54

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RH

M/S. Valchand K Shah v. the Executive Engineer (Ele)

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M/S. Valchand K Shah v. the Executive Engineer (Ele)

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