Karnataka High Court
M/S S S Electricals vs The Superintendent Engineer ... on 5 September, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
-1-
NC: 2024:KHC-D:12797-DB
WA No. 100126 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100126 OF 2024 (GM-KEB)
BETWEEN:
M/S. S. S. ELECTRICALS,
REPRESENTED BY ITS PROPRIETOR,
SRI. SHAMSUDDIN M. DANGE,
AGE. 50 YEARS, OCC. CLASS I CONTRACTOR,
R/O. DANGE COMPLEX, HALIYAL ROAD,
ATHANI, PIN-591304.
...APPELLANT
(BY SRI. KIRAN S. JAVALI, SENIOR COUNSEL FOR
SRI. ANAND R. KOLLI, ADVOCATE)
AND:
1. THE SUPERINTENDENT ENGINEER (ELECTRICAL),
Digitally signed PROJECT MONITORING CELL,
by JAGADISH T
R CORPORATION OFFICE, P. B. ROAD, NAVANAGAR,
Location: High
Court Of
HESCOM-HUBBALLI, DHARWAD, PIN-580025.
Karnataka,
Dharwad Bench
2. THE HUBBALLI ELECTRICAL SUPPLY CO.LTD.,
CORPORATE OFFICE, NAVANAGAR,
P. B. ROAD, HUBBALLI, PIN-580025.
3. THE ASSISTANT EXECUTIVE ENGINEER
O AND M SUB DIVISION, HESCOM,
ATHANI, PIN-591304.
4. THE ASSISTANT EXECUTIVE ENGINEER,
O AND M SUB DIVISION, HESCOM,
AIGALI, PIN-591304.
5. THE ASSISTANT EXECUTIVE ENGINEER,
O AND M SUB DIVISION, HESCOM, UGAR.
-2-
NC: 2024:KHC-D:12797-DB
WA No. 100126 of 2024
6. THE SECTION OFFICER,
O AND M DIVISION ELECTRICAL,
ATHANI, PIN-591304.
7. THE SECTION OFFICER,
O AND M DIVISION (ELECTRICIAL),
DARUR, PIN-591304.
8. THE SECTION OFFICER,
O AND M DIVISION (ELECTRICAL),
JAMBAGI, PIN-591304.
9. THE SECTION OFFICER,
O AND M DIVISION, (ELECTRICAL),
AIGALI, PIN-591304.
10. THE SECTION OFFICER,
O AND M DIVISION (ELECTRICAL),
SATTI, PIN-591304.
11. THE SECTION OFFICER,
O AND M DIVISION (ELECTRICAL),
ATHANI RURAL, PIN-591304.
12. THE SECTION OFFICER,
O AND M DIVISION (ELECTRICAL),
AINAPUR, PIN-591304.
13. THE SECTION OFFICER,
O AND M DIVISION (ELECTRICAL),
TELSANG, PIN-591304.
14. THE SECTION OFFICER,
O AND M DIVISION (ELECTRICAL),
HESCOM, KOKATANUR, PIN-591304.
...RESPONDENTS
(BY SRI. B. S. KAMATE, ADV. FOR R1 & R2)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,
PRAYING TO SET ASIDE THE ORDER DATED 19.02.2024 PASSED BY
THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN THE
WRIT PETITION NO. 106676/2023 AND CONSEQUENTLY ALLOW
THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY
AND ETC.
-3-
NC: 2024:KHC-D:12797-DB
WA No. 100126 of 2024
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)
Heard Sri. Kiran S.Javali, learned Senior Advocate
appearing for the appellant and learned Senior Advocate
Sri.B.S.Kamate appearing for the contesting respondent.
2. A grave infirmity in the proceedings is notified to
us vide Annexure-L at page 533 which reads as under:
"EAzÀ
²æà ±ÀªÀĸÀĢݣÀ ªÀÄPÀ§Æ®¸Á§
qÁAUÉ
¥ÉÆæà : J¸ï.J¸ï.E¯ÉQÖçÃPÀ®ì
qÁAUÉ PÁA¥ÉèÃPÀì,
ºÀ¯Áå¼À gÉÆÃqÀ CxÀtÂ
UÉ:-
C¢üÃPÀëPÀ C©üAiÀÄAvÀgÀgÀÄ («)
¥ÉÆæÃeÉPÀÖ ªÀiÁ¤ljAUï ¸É¯ï
ºÀÄ.«.¸À.PÀA ºÀħâ½î,
«µÀAiÀÄ:- ¢£ÁAPÀ 01.12.2022 gÀAzÀÄ PÀgÉzÀ UÀÄwUÉzÁgÀgÀ ¸À¨ÉsUÉ ºÁdgÀÄ
EgÀĪÀÅ¢¯Áè CAvÁ vÀ½Ã¸ÀĪÀ PÀÄjvÀÄ.
G¯ÉèÃR: ºÀÄ.«.¸À.PÀA/C.C.(¦.JªÀÄ.¹.)EE-¦3/2022-23/cys-6305
Date:25.11.2022.
NC: 2024:KHC-D:12797-DB
F ªÉÄð£À «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ £Á£ÀÄ ²æà ±ÀªÄÀ ¸ÀĢݣÀ ªÀÄ qÁAUÉ
¥ÉÆæÃ|| J¸ï J¸ï J¯ÉQÖÃPÀ¯ïì CxÀt EzÀÄÝ ªÉÄð£À G¯ÉèÃRzÀ£ÀéAiÀÄ vÁªÀÅ
¢£ÁAPÀ 01.12.2022 gÀAzÀÄ UÀÄwÛUÉzÁgÀgÀ ¸À¨ÉsUÉ PÀgÉ¢zÀÄÝ EzÀÄÝ, DzÀgÉ ¤£Éß
CAzÀgÉ ¢£ÁAPÀ. 30.11.2022 gÀAzÀÄ £ÀªÄÀ ä vÁ¬ÄAiÀĪÀgÀÄ ªÀÄgÀt ºÉÆA¢zÀÝ
PÁgÀt £Á£ÀÄ ªÀÄÆgÀ£Éà ¢£ÀzÀ PÁAiÀÄð ªÀÄÄV¸ÀĪÀªÀgÉUÉ ¸ÀA§A¢üPÀgÀ eÉÆvÉUÉ
EgÀĪÀzÀjAzÀ ¸ÀzÀj ¸À¨sÉUÉ ºÁdgÀÄ EgÀĪÀÅ¢¯Áè CzÀPÉÌ «£ÁAiÀÄw PÉÆqÀ¨ÉÃPÉAzÀÄ
«£ÀAw."
3. Mr. Javali, in brevity, submits that death is an
event which cannot be ignored whichever be the authority
and it is inevitable too since all humans are born with a tag
of mortality; a request was made for granting a short
accommodation since death had struck the family of the
stakeholder; there was absolutely no reason to hurry in the
matter ignoring what death would do to the family. He
submits, this aspect having not been duly considered by the
learned Single Judge, all proceedings held need to be
invalidated and matter be remanded for consideration
afresh wherein the appellant too would effectively
participate.
4. Learned Senior Panel Counsel appearing for the
contesting respondent Mr.Kamate vehemently resists the
NC: 2024:KHC-D:12797-DB
appeal making submission in justification of the impugned
order and the reasons on which it has been structured.
5. Having heard the learned counsel for the parties
and having perused the appeal's papers, we are inclined to
grant indulgence in the matter on a short ground that all
Article 12 entities have to conduct themselves as model
litigants inasmuch as ours is a constitutionally ordained
Welfare State, which should have its heart at the right
place. After all, humans have mortality and death strikes in
every family leaving its own scars. What heavens would
have fallen down, had a short accommodation, as sought
for on the ground of death in the family, has not been
demonstrated despite vociferous submissions of Mr.Kamate.
Justice should not only be done but seem to have been
done, said Sages of Law. The impugned judgment which
has not discussed this aspect of the matter has thus a legal
infirmity warranting our indulgence for setting the injustice
at naught.
6. We would have admitted the appeal and kept it
pending for a deeper examination in due course. However,
NC: 2024:KHC-D:12797-DB
that would only have caused more injustice to the parties
than otherwise. Both the sides having argued the matter in
their usual styles stood tall and graciously agree to our
proposal for remanding the matter for fresh consideration,
keeping open all contentions.
In the above circumstances, we make the following:
ORDER
(i) The writ appeal is allowed in part; the
impugned order dated 19.02.2024 passed by the
learned Single Judge in WP No.106676/2023
(GM-KEB) and the order dated 08.09.2023 at
Annexure-M that was impugned in the said
petition are set aside.
(ii) Matter is remitted back to the answering
respondent for consideration afresh after giving
an opportunity of participation to all the
stakeholders including the appellant herein. The
remand shall be decided within a period of eight
weeks. All contentions are kept open.
NC: 2024:KHC-D:12797-DB
Pending interlocutory applications, if any, pale into
insignificance.
Costs made easy.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
RH/ct-an
