Hassan Thermal Power Pvt. Ltd. v. Government Of Karnataka
2025-01-09
K.V.VISWANATHAN, SANJAY KUMAR, SANJIV KHANNA
body2025
DigiLaw.ai
ORDER : 1. Delay condoned. 2. We are of the opinion that the issue/question raised by the appellant, Hassan Thermal Power Pvt. Ltd., in this appeal, is concluded/answered in the first round of litigation, which resulted in the order of this Court dated 04.08.2022[Passed in SLP(C) Nos. 17062-17063/2021 titled "Hassan Thermal Power Pvt. Ltd. v. The State of Karnataka & Anr." and connected matters.], which reads as under:- "We have heard learned counsel for the parties for quite some time and find no reason to interfere with the judgment impugned passed by the Division Bench of the High Court of Karnataka. Consequently, the special leave petitions stand dismissed. Learned counsel for the petitioner at this stage submits that the issue/legal question which has been raised by him be permitted to be raised before the Appellate Tribunal. It is open to the petitioner to raise all the contentions available under law before the Appellate Tribunal and if raised, may be examined on its own merits in accordance with law. If the appeal is preferred before the Appellate Tribunal within four weeks from today, this Court hopes and trusts that it will be decided expeditiously in accordance with law." 3. The second paragraph of the above order only permits the appellant, Hassan Thermal Power Pvt. Ltd., to raise points and contentions which were available in law, which means points and contentions which had not been adjudicated upon and decided in the first round of litigation. 4. Clarifying the aforesaid position, the appeal is dismissed. 5. Pending application(s), if any, shall stand disposed of.