Back
2025 Supreme(Online)(Kar) 21625
KARNATAKA HIGH COURT
MR. JUSTICE RAVI V HOSMANI, J
SMT MADA CHANDRA GEETHA W/O SURENDRA KUMAR MAMILIA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WRIT PETITION NO. 18656 OF 2025 (GM-KEB)
For the Appellants/Petitioners: SRI. M.V.VEDACHALA
For the Respondents: SRI. K. SHASHIKIRAN SHETTY, MISS. WAHEEDA, MISS RACHEL RAJU ALICE
Legal consistency mandates adherence to prior court decisions, especially regarding consumer rights in energy regulation.
Headnote:(A) Constitution of India - Articles 226 and 227 - Writ petition seeking to quash the Operational Guidelines for Smart Meter issued by BESCOM and several related mandamus reliefs for consumer choice and compliance with regulatory framework - Petition following a co-ordinate Bench's decision in an earlier writ petition is upheld. (Paras 1, 4, 5)
(B) The court reiterates adherence to prior judgments in similar matters ensures consistency and predictability in the application of laws, enhancing consumer rights in the energy sector. (Paras 4, 5)
Facts of the case:
The petitioner challenged the guidelines for smart meters issued by BESCOM, seeking various writs to ensure consumer rights, as well as the freedom to choose meter types.
Findings of Court:
The petition is disposed of in alignment with precedent, ensuring decisions remain consistent in similar cases.
Issues: The main issue involved the legality and consumer choice in smart meter installations against state directives.
Ratio Decidendi: The court's rationale emphasizes the necessity of following preceding judgments for maintaining legal uniformity and supporting consumer freedom.
Result: Writ petition disposed of.
| Table of Content |
|---|
| 1. petition filed challenging operational guidelines for smart meters. (Para 1 , 2) |
| 2. capacity to issue mandamus for consumer choice in meter installations. (Para 4) |
| 3. court upholds previous decision to maintain consistency in rulings. (Para 5) |
ORAL ORDER
Writ petition is filed seeking for following reliefs: A. Issue a writ of certiorari or any other appropriate writ, order or direction, to quash the Operational Guidelines for Smart Meter issued on 13.02.2025 by respondent No.2 vide Circular bearing No.BESCOM/CGM (OP)/DGM (OP3)/2024-25/CYS-94, vide Annexure-C.
B. Issue a writ of mandamus to direct the respondent No.2 to cease collection and payment of Rs.75 per meter per month to AMI Service Provider.
C. Issue writ of Mandamus to Respondent No.2 to approach the Karnataka Electricity Regulatory Commission with appropriate proposal in the tariff petition of Financial Year 2025 prior to carrying out any other Smart Meter Project.
D. Issue a writ of Mandamus or any other appropriate writ, order or direction, by directing Respondent No.2 and 3 not to compel the installation of smart meters as mandatorily and consequently give an option to the consumer either to opt for smart meters or to install Electrostatic Energy Meters in the interest of justice and equity.
E. Issue a Writ of Mandamus to reinstate and operationalize Official Memorandum No.BESCOM/BC-248&45/GM(M&C)/DGM(M&C) /AGM-2/24-25/CYS-07 dated 12.06.2024 to offer the choice to the consumers to choose the meter manufacturer of their choice without any enforcement of brand or price by BESCOM, vide Annexure-H.
F. To pass such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the above case in the interest of justice and equity.
2. Heard Sri M.V.Vedachala, learned counsel for petitioner and Sri K.Shashikiran Shetty, learned Advocate General along with Miss Waheeda, learned AGA for respondent no.1 and Miss Rachel Raju Alice, learned counsel for respondents no.2 and 3.
4. Learned Advocate General appearing for respondent no.1 would submit that subject matter of writ petition is squarely covered by decision in W.P.no.12987/2025 passed by a co-ordinate Bench of this Court on 13.08.2025.
5. Though learned counsel for petitioner submits that judgment is not released, same would not prevent this Court from following said order.
Following the decision of this Court in W.P.no.12987/2025 disposed of on 13.08.2025, this writ petition is disposed of.
