Karnataka High Court
The Mangalore Elctricity Supply ... vs Sri Bheema Setu Munivrunda Mutt on 20 June, 2023
Bench: Chief Justice, M.G.S. Kamal
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NC: 2023:KHC:21228-DB
WA No. 290 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 290 OF 2023 (GM-KEB)
BETWEEN:
THE MANGALORE ELCTRICITY
SUPPLY COMPANY LIMITED
MESCOM BHAVAN, BEJARI
KAVOOR CROSS ROAD
MANGALURU, DAKSHINA KANNADA
KARNATAKA-575 004
REPRESENTED BY ITS
MANAGING DIRECTOR/
FINANCIAL ADVISOR.
Digitally
signed by ...APPELLANT
SUMA B N (BY SRI. H.V. DEVARAJU.,ADVOCATE)
Location:
High Court AND:
of Karnataka
1. SRI. BHEEMA SETU MUNIVRUNDA MUTT
BHEEMANAKATTE
DHARUVASAPURA
THIRTHAHALLI TALUK
SHIVAMOGGA DISTRICT
KARNATAKA-577 432
REP. BY SRI SAGAR HARISH KUMAR
DIWAN(ADMINISTRATOR AND GPA HOLDER)
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WA No. 290 of 2023
2. GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
DR AMBEDKAR VEEDHI
BENGALURU-560 001
REP BY ITS CHIEF SECRETARY.
3. DEPARTMENT OF ENERGY
GOVERNMENT OF KARNATAKA
ROOM NO.236, 2ND FLOOR
VIKASA SOUDHA
BENGALURU-560 001
REP BY ITS SECRETARY.
4. KARNATAKA POWER TRANSMISSION CORPORATION
LIMITED(KPTCL)
CORPORATE OFFICE, KAVERI BHAVAN
KG ROAD, BENGALURU-560009
REP BY ITS MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI. KIRAN B.S., ADVOCATE FOR C/R1
SRI. SRI. S.S. MAHENDRA, AGA FOR R2 & R3)
WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
INTERIM ORDER, DATED 05/12/2022 MADE IN WP
NO.10011/2022 PASSED BY THE LEARNED SINGLE JUDGE.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE., DELIVERED THE FOLLOWING:
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NC: 2023:KHC:21228-DB
WA No. 290 of 2023
JUDGMENT
Heard learned counsel for the appellant.
2. The present appeal is filed against an interim
order whereby the appellant/respondent No.4 is restrained
for putting up further structures in erecting the Electricity
Sub Station as well as Commissioning the Electricity Sub
Station in the leased property by the petitioner at
Mudanidamburu Village, Udupi Taluk, Udupi District until
further orders.
3. The perusal of the order passed by the learned
Single Judge shows that the learned Single Judge in his
detailed order referred to each and every aspect of the
matter and with the sound reasoning arrived at a
conclusion that the erection of Electricity Sub Station may
have a serious implication including environmental issues,
passed the interim order.
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WA No. 290 of 2023
4. We are unable to find any error in the order
passed by the learned single Judge. In our opinion, the
appeal is devoid of merits. As such deserves to be
dismissed.
5. At this stage learned counsel for the appellant
in the interest of the parties submitted that as the
necessary submissions and counter submissions are
already advanced before the learned Single Judge and the
Statement of objections has also been filed on behalf of
the appellant i.e., the contesting respondent to the
petition and pleadings are completed.
6. In view of the submission, we permit the
appellant to request the learned Single Judge for early
hearing of the petition. If such request is made, learned
Single Judge to consider and if convenient learned Single
Judge to decide the writ petition as expeditiously as
possible.
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WA No. 290 of 2023
With these observations, appeal is dismissed.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
RU
