Smt.Ahalya W/O Ganapati Bhat vs The Secretary
2024 Latest Caselaw 25683 Kant

Citation : 2024 Latest Caselaw 25683 Kant
Judgement Date : 29 October, 2024

Karnataka High Court

Smt.Ahalya W/O Ganapati Bhat vs The Secretary on 29 October, 2024

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                                                               NC: 2024:KHC-D:15802
                                                               RSA No. 5697 of 2012




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD
                                             BENCH

                           DATED THIS THE 29TH DAY OF OCTOBER, 2024

                                                BEFORE
                             THE HON'BLE MRS JUSTICE K.S.HEMALEKHA


                                  RSA NO. 5697 OF 2012 (DEC/INJ)
                      BETWEEN:

                      SMT. AHALYA W/O. GANAPATI BHAT,
                      AGED ABOUT 66 YEARS,
                      OCC. AGRICULTURIST, R/O.HOSALLI,
                      KALLABBE, TQ. KUMTA,
                      DIST. UTTARA KANNADA-581401.
                                                                         ... APPELLANT
                      (BY SRI. S V YAJI, ADVOCATE)

                      AND:

                      1.    THE SECRETARY,
                            KARNATAKA ELECTRICITY BOARD,
                            KAVERI BHAVAN, BANGALORE-560001.
         Digitally
         signed by

VISHAL
         VISHAL
         NINGAPPA
                      2.    THE EXECUTIVE ENGINEER (E & M)
NINGAPPA PATTIHAL
PATTIHAL Date:              HUBLI POWER SUPPLY COMPANY (KPTCL),
         2024.11.05
         11:54:04
         +0530              SUB-DIVISION, KARWAR-581418.

                      3.    THE ASSISTANT EXECUTIVE ENGINEER (E & M)
                            HUBLI POWER SUPPLY COMPANY,
                            (KPTCL), SUB DIVISION, KUMTA-581418.
                                                                       ...RESPONDENTS
                      (BY SRI. B S KAMATE, ADVOCATE FOR R2 AND R3)

                           THIS RSA IS FILED U/S. 100 OF CPC PRAYING TO SET ASIDE
                      THE JUDGMENT AND DECREE DATED 15.03.2012 PASSED BY THE
                      COURT OF THE DISTRICT JUDGE, FAST TRACK COURT-I, UTTARA
                      KANNADA, KARWAR IN R.A.NO.68/2006 AND TO SET ASIDE THE
                      JUDGMENT AND DECREE DATED 31.08.2006 PASSED BY THE COURT
                      OF THE CIVIL JUDGE(SR.DN.), HONAVAR IN O.S.NO.30/2003 AND
                      ALSO DECREE OF THE SUIT O.S.NO.30/2003 FILED BY THE
                      APPELLANT AS PRAYED ON THE FILE OF THE COURT OF CIVIL JUDGE
                      (SR.DN.) HONAVAR, IN THE INTEREST OF JUSTICE AND EQUITY.
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                                       NC: 2024:KHC-D:15802
                                       RSA No. 5697 of 2012




     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


CORAM:    THE HON'BLE MRS JUSTICE K.S.HEMALEKHA


                      ORAL JUDGMENT

The memo is filed by the appellant stating that the

appellant intends to withdraw the appeal with liberty to

approach the competent authority in respect of the subject

matter of the suit.

2. Affidavit of the appellant is filed along with the

memo. Affidavit is filed by the son of the appellant stating

to be conversant to the facts of the case, it is stated that

his mother who is the appellant herein is aged about 78

years and is not in a position to attend the Court due to

age related issues.

3. Upon instructions, learned counsel

Sri.Gopal G. Bhat has filed memo stating that the

appellant intends to withdraw the present appeal.

NC: 2024:KHC-D:15802

4. The affidavit at para Nos.3 and 4 are extracted

as under:

"3) I submit that the Criminal Case registered alleging the theft of electricity at Spl. Case No. 19/2003 before the Hon'ble Sessions Judge Uttara Kannada Karwar is ended in acquittal. Thus, it is very clear that the HESCOM Squad has registered false case.

4) I submit that the respondents/ defendants have admitted in the cross examination that my mother is entitled for the benefit of free power supply to sum extant and also entitle for the waiver of electricity bill, penalty, fine and interest. However, such a benefit as per the Government order and circular is not given to my mother since the Civil Suit is pending before the Civil Court and the Criminal Case in respect of electricity theft is pending before the Sessions Court. The Trial Court as well as the Appellate Court have held that the Civil Court has no Jurisdiction to decide the dispute and the plaintiff has got alternative remedy in approaching the competent authority. I submit that my mother is willing to agitate the claim and dispute before the competent authority

NC: 2024:KHC-D:15802

challenging the legality and action of the respondents herein."

5. The memo reads as under:

"The appellant is ready and willing to withdraw the appeal seeking liberty to approach the competent authority in respect of the subject matter of the suit. Hence, for reasons stated in the accompanying Affidavit, it is prayed that this appeal may kindly be disposed as withdrawn granting liberty to approach the competent authority keeping open all the contentions of the parties. Hence, it is prayed that necessary orders may kindly be passed in the interest of justice and equity"

6. In light of the memo and affidavit filed, the

appeal is dismissed as withdrawn with liberty to the

appellant to approach the competent authority, if so,

advised in accordance with law, all contentions are kept

open to be urged before the appropriate authority.

7. In light of the withdrawal of the appeal, the

appellant is entitle for refund of the Court fee in

accordance with law.

NC: 2024:KHC-D:15802

Pending IAs if any, does not survive for

consideration.

Sd/-