Full Judgment Text
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WP No. 23869 of 2024
C/W WP No. 16733 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 23869 OF 2024 (GM-KEB)
C/W
WRIT PETITION NO. 16733 OF 2023 (GM-KEB)
IN WP NO. 23869/2024 (GM-KEB)
BETWEEN:
WIPRO LIMITED
A COMPANY REGISTERED
UNDER THE COMPANIES ACT, 1913,
HAVING ITS REGISTERED OFFICE AT:
WIPRO CORPORATE OFFICE,
DODDAKANNELLI,
SARJAPUR,
BENGALURU - 560 035.
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE,
MR. JATINDER SINGH
…PETITIONER
(BY SMT. ABHIJNA G SOMASHEKARA FOR;
Digitally signed by
MAHALAKSHMI B M
Location: HIGH
COURT OF
KARNATAKA
SRI. LOMESH KIRAN N.,ADVOCATE)
AND:
1.
BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED (BESCOM)
A COMPANY WHOLLY OWNED
BY THE GOVERNMENT OF KARNATAKA,
HAVING ITS CORPORATE OFFICE AT:
BESCOM, K.R.CIRCLE,
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BENGALURU - 560 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
2. ASSISTANT EXECUTIVE ENGINEER
O AND M (BESCOM) S13,
ST
1 MAIN,
ACES LAYOUT,
SINGASANDRA,
HOSUR MAIN ROAD,
BANGALORE - 560 068.
3. LSI INDIA RESEARCH AND DEVELOPMENT
PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT:
S1, WIPRO, ELECTRONIC CITY
SPECIAL ECONOMIC ZONE,
DODDATHOGUR VILLAGE,
BEGUR HOBLI,
ELECTRONIC CITY,
BENGALURU - 560 100.
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE.
…RESPONDENTS
(BY SRI. H V DEVARAJAU.,ADVOCATE FOR R1 AND R2;
V/O/DTD 10/01/25 - SERVICE OF NOTICE IN R/O R3 -
ACCEPTED)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO I) QUASH THE
IMPUGNED ORDER DATED JULY 7, 2023 (ANNX-A) HAVING
BEARING NO. ISSUED BY R1 AND 2 AND ETC.
IN WP NO. 16733/2023 (GM-KEB)
BETWEEN:
LSI INDIA RESEARCH AND DEVELOPMENT PVT LTD.,
ST, WIPRO ELECTRONIC CITY
SPECIAL ECONOMIC ZONE,
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WP No. 23869 of 2024
C/W WP No. 16733 of 2023
HC-KAR
DODDATHOGUR VILLAGE,
BEGUR HOBLI,
ELECTRONIC CITY,
BANGALORE - 560100,
KARNATAKA,
INDIA,
REPRESENTED BY ITS
AUTHORISED REPRESENTATIVE JIJU GEORGE
DIRECTOR
INCORPORATED UNDER COMPANIES ACT, 1956.
...PETITIONER
(BY SMT. MAITREYI B KANNUER.,ADVOCATE)
AND:
1.
GOVERNMENT OF KARNATAKA
DEPARTMENT OF ELECTRONICS,
INFORMATION TECHNOLOGY,
BIOTECHNOLOGY AND SCIENCE AND TECHNOLOGY,
REPRESENTED BY THE ADDITIONAL SECRETARY,
GOVERNMENT OF KARNATAKA
ROOM NO.602,
TH
6 FLOOR, MS BUILDING,
BENGALURU - 560 001.
E MAIL: ITBRSEC@KARNATAKA.GOV.IN
2. KARNATAKA INNOVATION AND TECHNOLOGY SOCIETY
DEPARTMENT OF ELECTRONICS,
INFORMATION TECHNOLOGY,
BIOTECHNOLOGY AND SCIENCE AND TECHNOLOGY,
GOVERNMENT OF KARNATAKA
BMTC - CENTRAL OFFICE,
BUILDING, TTMC 'B' BLOCK,
TH
4 FLOOR, SHANTHINAGAR,
KH ROAD,
BENGALURU - 560 027.
BY ITS CHAIRMAN
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3. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
CORPORATE OFFICE,
BESCOM K R CIRCLE,
BANGALORE - 560 001.
BY ASSISTANT EXECUTIVE ENGINEER
4.
WIPRO LIMITED
WIPRO CORPORATE OFFICE,
DODDAKANNELLI,
SARJAPUR,
BANGALORE - 560 035.
EMAIL: GENERALCOUNSEL.OFFICE@WIPRO.COM
ITS DIRECTOR,
INCORPORATED UNDER COMPANIES ACT, 1956
...RESPONDENTS
(BY SRI. MANJUNATH RAYAPPA.,AGA FOR R1 AND R2;
SRI. H V DEVARAJU., ADVOCATE FOR R3;
SMT. ABHIJNA G SOMASHEKARA., FOR SRI. LOMESH
KIRAN N.,ADVOCATE FOR 4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO i) DECLARE THAT
THE POINT 4 OF CLAUSE 1.6.1 AND POINTS 4, 5, 6, 8 OF
CLAUSE 3.5.1 OF THE OPERATIONAL GUIDELINES FOR
INCENTIVES AND OFFERINGS UNDER KARNATAKA POLICY
2020-25 ARE EXTRANEOUS TO THE IT POLICY 2020-25
AND ARE LIABLE TO BE SET ASIDE VIDE ANNEXURE-B AND
ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioner in W.P.No.23869/2024 has approached
this Court inter alia seeking for the following reliefs:
" I. Issue a writ of Certiorari or other
appropriate writ, order or direction quashing the
Impugned Order dated July 7, 2023 (Annexure A)
13 614
having bearing no. PÀæ.¸ÀA: ¸ÀPÁ¤EA(«)/J¸ï- /¸À¯É issued by
the Respondent No. 1 and Respondent No. 2;
11.Issue a writ of Certiorari or other
appropriate writ, order or direction quashing the
Demand Notice dated January 19, 2023 (Annexure
D), and Second Demand Notice dated March 21,
2023 (Annexure E) issued by the Respondent Nos. 1
and 2;
III. Issue a writ of Certiorari or other
appropriate writ, order or direction quashing the
Inspection Report AE/DMS/SA/ECITY/2022-23/01,
dated December 23, 2022 (Annexure C) issued by
the Assistant Engineer of the Respondent No. 1;
IV. Issue a writ of Mandamus or other
appropriate writ, order or direction restraining the
Respondent Nos. 1 and 2, including but not limited
to, disconnecting supply of electricity to the said
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connection of RR No. S8HT226 registered in favor of
the Petitioner; and
V. Grant such other interim reliefs as this
Hon'ble Court may deem fit in the above
circumstances of the case, in the interests of justice
and equity. "
2. The petitioner in W.P.No.16733/2023 has
approached this Court inter alia seeking for the following
reliefs:
" (1) Declare that the Point 4 of Clause 1.6.1
and Points 4, 5, 6, 8 of Clause 3.5.1 of the
Operational Guidelines for Incentives and Offerings
under Karnataka Policy 2020-25 are extraneous to
the IT Policy 2020-25 and are liable to be set aside:
vide Annexure-B
(ii) Issue a writ of Certiorari thereby
quashing/setting aside the Impugned Order dated
07.07.2023 passed by Assistant Executive Engineer,
BESCOM (Sub division S-13) levying penalty of back
billing charges of Rs.19,70,93,412/-, produced as
Annexure-A bearing number PÀæ.¸ÀA:¸ÀPÁ¤EA(«)/J¸ï-
13 614.
/¸À¯É
Or
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Issue a writ of Prohibition thereby
prohibiting/permanently restraining the
Respondents from acting in furtherance to the
Impugned Order dated 07.07.2023 passed by
Assistant Executive Engineer, BESCOM (Sub division
S-13 issued by Respondent 3, produced as
Annexure A. bearing PÀæ.¸ÀA: ¸ÀPÁ¤EA(«)/J¸ï- 13 /¸À¯É 614.
(iii) Declare that the Petitioner's IT BT
Registration Certificate and the IT BT PTC Certificates
are valid and the Petitioner is entitled to claim power
tariff concession in terms of the IT Policy and the
KERC Orders; and / or
(iv) Any other order in the interest of justice
and equity. "
3. The dispute arises out of levy of back billing
charges to the tune of ` 19,70,93,412/- on the allegations
of misuse of concessional tariff under HT-2A category.
4. This Court by order dated 03.09.2024 granted
interim protection staying the impugned proceedings,
subject to payment under concessional tariff.
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5. Learned counsel for the petitioner has filed
I.A.No.1/2026 stating that during the pendency of the
proceedings, the respondents issued a revised demand
notice dated 10.03.2026, revising the liability to
` 17,80,50,124/-. The petitioner in W.P.No.23869/2024
has accepted the revised demand and remitted the entire
amount. An affidavit has been filed recording that the
dispute in respect of RR.No.S8HT26 stands fully and finally
settled. Correspondingly, the petitioner in
W.P.No.16733/2023 has also placed on record the
payment of his share by filing I.A.No.1/2026, culminating
in full settlement of the dispute.
6. Learned counsel for the petitioner submits that in
view of the issuance of revised demand, and payment of
the settled amount, the entire dispute between the parties
stands resolved and nothing survives for further
adjudication in these writ petitions.
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7. In light of the subsequent developments and
categorical statement made on behalf of the petitioners,
that the dispute have been amicably settled and fully
resolved, this Court is of the considered view that no
further adjudication on merits is warranted. Accordingly,
this Court pass the following:
ORDER
The Writ Petitions stands disposed of in view of the
settlement arrived at between the parties pursuant to the
revised demand notice dated 10.03.2026 and payment
made thereunder.
Pending applications, if any, also stands disposed of.
Sd/-
_____________________
JUSTICE K.S. HEMALEKHA
PHM
List No.: 1 Sl No.: 14