Karnataka High Court
M/S Sujala Aqua Water Plant vs The Managing Director And Ors on 19 November, 2024
Author: R.Devdas
Bench: R.Devdas
-1-
NC: 2024:KHC-K:8601-DB
WA No. 200157 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE R.DEVDAS
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 200157 OF 2023 (GM-RES)
IN
W.P.NO.202988/2022
BETWEEN:
M/s. SUJALA AQUA WATER PLANT
BY ITS SOLE PROPRIETOR,
G. SUREKHA W/O G. UMESH,
AGE. 39 YEARS, R/O: VALBALLARY ROAD,
WARD NO. 30 SINDHANOOR,
TQ: SINDHANOOR, DISTRICT RAICHUR.
...PETITIONER
(BY SRI. MAHANTESH PATIL, ADV.)
AND:
Digitally signed 1. THE MANAGING DIRECTOR
by RAMESH
MATHAPATI GESCOM, KALABURAGI-585102.
Location: HIGH
COURT OF 2. THE ASSISTANT EXECUTIVE ENGINEER (O AND M)
KARNATAKA
SUB-DIVISION GESCOM,
SINDHANUR, DISTRICT RAICHUR-584101.
3. THE COMMISSIONER
CITY MUNICIPAL COUNCIL,
SINDHANOOR, TQ: SINDHANOOR,
DISTRICT RAICHUR-584101.
...RESPONDENTS
(BY SRI.KRUPA SAGAR PATIL, ADV. FOR R1 AND R2
SRI.R.S.SIDHAPURKAR, ADV. FOR R3
SRI.ARUNKUMAR AMARGUNDAPPA, ADV. FOR PROPOSED R4)
-2-
NC: 2024:KHC-K:8601-DB
WA No. 200157 of 2023
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 23.08.2023 IN WP NO. 202988/2022 (GM-KEB)
PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY
ALLOW THE SAID WRIT PETITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R.DEVDAS
AND
HON'BLE MR JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE R.DEVDAS)
Learned counsel for the appellant, as well as learned
counsel for the proposed respondent No.4 who has filed an
application for impleading, submit that due to the
subsequent amendment brought to the relevant provisions
of the Karnataka Municipalities Act, 1964 in the matter of
Trade License to be obtained by the Micro and Small,
Medium Enterprises (MSME), that such enterprises which
have a certificate of MSME, need not seek trade license
from the local authority and pursuant thereto the
respondent No.1-GESCOM has also taken a decision that in
future no notice will be issued to the petitioner on the
NC: 2024:KHC-K:8601-DB
ground that it has not secured trade license at the hands
of the local authority, the matter can be disposed of.
2. Learned counsel for the proposed respondent
would however submit that he has filed a separate writ
petition calling in question the order dated 09.03.2023.
3. Learned counsel Sri.Krupa Sagar Patil, for
respondent No.1-GESCOM would also point out that in the
subsequent order dated 09.03.2023, all the notices issued
to the petitioner have been taken note of.
4. This would mean that pursuant to the
subsequent order passed on 09.03.2023, all the earlier
notices issued to the petitioner will stand recalled and in
future no action will be taken on the same ground.
5. Having heard the submission made by the
learned for the appellant, that the grievance of the
appellant is redressed having regard to the amendment
brought to the Karnataka Municipalities Act and the
decision taken by the GESCOM in its order dated
NC: 2024:KHC-K:8601-DB
09.03.2023, that no notice will be issued or no action shall
be taken against the petitioner for not obtaining trade
license from the local authority, nothing further survives
for consideration in this writ appeal. Accordingly, the writ
appeal stands disposed of.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
MSR
CT: PS
