Karnataka High Court
Mr. Moulasab C Kalkoti vs State Of Karnataka on 2 January, 2023
Bench: M.Nagaprasanna
-1-
WP No. 23219 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 23219 OF 2022 (GM-TEN)
BETWEEN:
1. MR. MOULASAB C KALKOTI,
S/O. CHEMANSAHEB,
AGED ABOUT 68 YEARS,
RESIDENT OF NO.1076/3,
ASLAM MANZIL,
ATHREBAIL, KUNJATHBAIL,
MANGALURU, KAVUR,
DAKSHINA KANNADA DISTRICT - 575 015.
2. MESSRS. KALKOTI CONSTRUCTIONS,
REPRESENTED BY ITS PROPRIETOR,
MR. MOULASAB C KALKOTI,
S/O. CHEMANSAHEB,
AGED ABOUT 68 YEARS,
RESIDENT OF NO.1076/3,
ASLAM MANZIL, ATHREBAIL,
KUNJATHBAIL, MANGALURU,
KAVUR,
Digitally signed DAKSHINA KANNADA DISTRICT - 575 015.
by PADMAVATHI
BK ...PETITIONERS
Location: HIGH
COURT OF (BY SRI. BALARAJ A C., ADVOCATE)
KARNATAKA
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF ENERGY,
REPRESENTED BY ITS SECRETARY,
VIKASA SOUDHA,
BENGALURU - 560 001.
-2-
WP No. 23219 of 2022
2. KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
REPRESENTED BY ITS
MANAGING DIRECTOR,
KAVERI BHAVAN,
BENGALURU - 560 009.
3. EXECUTIVE ENGINEER (ELE),
TL AND SS DIVISION,
KPTCL, KAROOR,
MANGALURU - 575 005.
4. THE SUPERINTENDING ENGINEER (EL).,
KPTCL, TRANSMISSION, (W & M) DIVISION,
MAROLI,
MANGALURU - 575 005.
5. EXECUTIVE ENGINEER (ELE),
MAJOR WORKS DIVISION,
KPTCL., TL AND SS DIVISION,
KARKALA,
UDUPI DISTRICT - 576 101.
6. CHIEF ENGINEER ELECTRICITY,
OFFICE OF THE CHIEF ENGINEER ELECTRICITY,
TRANSMISSION ZONE, KPTCL.,
PRASARANA BHAVAN,
3RD FLOOR, SANTHEPETE, B.M. ROAD,
HASSAN - 573 201.
...RESPONDENTS
(BY SRI.N.KUMAR, AGA FOR R1;
SRI.H.V.DEVARAJU, ADVOCATE FOR R2 TO R6)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO IMPOSE AND NOT TO DEDUCT FIVE
TIMES OF PENALTY ON THE ROYALTY AMOUNT, FROM THE
BILLS OF THE PETITIONER HEREIN IN RESPECT OF THE
WORKS ALLOTTED AND BEING EXECUTED BY HIM ISSUED BY
HIM VIDE ANNX-C AND C1 AND ETC.,
-3-
WP No. 23219 of 2022
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the
following prayer:
i. " Issue a writ in the nature of mandamus directing
the respondents not to impose and not to deduct
five times of penalty on the royalty amount, from
the bills of the petitioner herein in respect of the
works allotted and being executed by him vide
Annexure-C bearing No .AE (V)/Pra(Ka&Ni) mavru /
Kaaniem(ka) / sakaniem(c)/F.1204/2021-22/2372-
74 dated 04.10.2021 and Annexure-C1 bearing No.
CEE / TZH / EE(C) /2021-22 /11112 - 14dated
19/11/2021 issued by respondents No.4 and 6.
ii. Direct the respondents to refund the penalty
amount which was already deducted from the bills
of the petitioner with 18% of interest and not to
insist for acceding for deduction of five time of
penalty on royalty on the bills;
iii. Issue any other writ, orders or directions as this
Hon'ble court deems fit in the circumstances of this
case and to allow the above writ petition with costs,
in the interest of justice."
2. Heard Sri. A.C.Balaraj, learned counsel appearing
for the petitioners, Sri. N. Kumar, learned AGA for respondent
No.1 and Sri. H.V.Devraju, learned counsel for respondents
No.2 to 6.
WP No. 23219 of 2022
3. The learned counsel appearing for the petitioners
would submit that the issue in the lis sands covered by
plethora of judgments rendered by different Co-ordinate
Bench. The latest of which, I deem it appropriate to notice, the
Co-ordinate Bench in W.P.No.668/2022, disposed on
22.06.2022 has passed the following the order:
"Though the matter is listed for orders, with the
consent of learned counsel for the parties, matter is taken
up for final disposal.
2. Heard the learned counsel Sri.Negawadi
Basavarajaiah for petitioners, learned Additional
Government Advocate for respondent Nos.1 and 2 and
learned counsel Sri.H.V.Devaraju for respondent Nos.3 to
11. Perused the writ petition papers.
4. Memo dated 08.06.2022 is filed stating that
prayer sought by the petitioners is covered by decision of
this Court in W.P.No.10331/2020 dated 12.11.2020.
Learned counsel for the respondent Nos.3 to 11 submits
that insofar as the prayer No.2 is concerned, the decision
rendered by this Court in the above stated
W.P.No.10331/2020 is covered. But insofar as the other
prayers, respondent Nos.3 to 11 would submit that if the
petitioners submit a representation, it would be
considered in accordance with law.
5. Learned counsel for the petitioners Sri. Negawadi
Basavarajaiah also submits that respondents be permitted
to deduct royalty amount in terms of the tender
notification as well as in terms of the agreement and in
respect of other prayers, learned counsel for the
petitioners submits that petitioners would make
appropriate representation to the respondent authorities.
WP No. 23219 of 2022
6. Taking note of the above submission, present
writ petition is disposed of in terms of the order dated
12.11.2020 in W.P.No.10331/2020. The respondents are
granted liberty to deduct royalty amount as agreed in the
agreement as well as tender notification. With regard to
refund and other reliefs, petitioners are at liberty to
submit representation. If such representation is
submitted, respondents to consider and pass appropriate
orders in accordance with law.
With the above, writ petition stands disposed of."
In the light of the issue standing covered by the
judgment rendered by the Co-ordinate Bench and all its
fours, the petition stands disposed.
Sd/-
JUDGE
JS
