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NC: 2026:KHC-D:1700

WP No. 104138 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 5^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO.104138 OF 2021 (GM-KEB)

BETWEEN:

1. 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.

2. M/S. JAY INDUSTRIES

(STONE CRUSHER UNIT)

A UNIT OF VALCHAND K.SHAH

PARTNERSHIP FIRM

REPRESENTED BY PARTNER

JAYAWANT S/O. WALCHAND SHAH

Digitally signed by

YASHAVANT AGE. 59 YEARS, OCC. BUSINESS,

NARAYANKAR R/O. H.NO. 689, “SANJAY NIVAS”,

Location: HIGH

COURT OF ASHOK NAGAR, NIPPANI-591237,

KARNATAKA DIST. BELAGAVI.

…PETITIONERS

(BY SRI. RAGHUVEER SATTIGERI, ADVOCATE)

AND:

1. 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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WP No. 104138 of 2021

HC-KAR

BIDAR-585401.

2. THE ASSISTANT EXECUTIVE ENGINEER (ELE)

O AND M SUB-DIVISION, HESCOM

NIPPANI-591237, DIST. BELAGAVI.

3. THE ASSISTANT EXECUTIVE ENGINEER (ELE)

LTRM SUB-DIVISION, HESCOM

CHIKKODI-591201, DIST. BELAGAVI.

4. THE MANAGING DIRECTOR,

GULBARGA ELECTRICITY SUPPLY COMPANY

STATION ROAD, GULBARGA-585102.

5. THE MANAGING DIRECTOR,

HUBLI ELECTRICITY SUPPLY COMPANY

CORPORATE OFFICE, HESCOM

P.B. ROAD NAVANAGAR, HUBALLI-580025,

DIST. DHARWAD.

…RESPONDENTS

(BY SRI. SHIVARAJA P.MUDHOL, ADV. FOR R1 TO R3 AND R5;

SRI. B.S. KAMATE, ADVOCATE FOR R4)

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/2020-

21/461-66 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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WP No. 104138 of 2021

HC-KAR

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking for the following

prayer:

“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.

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.“

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

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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WP No. 104138 of 2021

HC-KAR

stating that the connection wherein YMGR-30 LT Meter is

serviced on 12.12.1973