Allowed

M/S Spg Systems v. the Managing Director (Electrical)

Karnataka HC15 Jul 2022WP/7393/2022

Case brief

AI extract

What is this about?

Petitioner challenged BESCOM's communication requiring an occupancy certificate for additional electrical load. Court held a KERC notification deleted this requirement. Impugned communication was quashed, and service of additional load was directed.

What did the court decide?

Impugned communication quashed; third respondent directed to provide additional load of 200 KVA forthwith.

M/S Spg Systems Vs the Managing Director (Electrical) — Service and Employment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2022

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BEFORE

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THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION No.7393 OF 2022(GM-KEB)

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BETWEEN :

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M/S SPG SYSTEMS PLOT NO.86 4^TH PHASE KIADB INDUSTRIAL AREA MALUR TALUK KOLAR DISTRICT-563130 REPRESENTED BY ITS PROPRIETOR SRI A S ANJANADRI

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...PETITIONER

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(BY SRI.LOKESH.R., ADVOCATE)

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AND :

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THE MANAGING DIRECTOR (ELECTRICAL) BENGALURU ELECTRICITY SUPPLY COMPANY

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LIMITED, CORPORATE OFFICE

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3^RD , FLOOR BLOCK 2 K R CIRCLE BENGALURU-560001.

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THE SUPERINTENDING ENGINEER (SEE) BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) COMMERICAL WORK AND EXECUTION DIVISION KOLAR-563117.

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THE EXECUTIVE ENGINEER (EL) BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) COMMERICAL WORK AND EXECUTION DIVISION CHAMPION REEFS, KGF-563122.

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...RESPONDENTS

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(BY SRI.H.V.DEVARAJU, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO SERVICE INSTALLATION OF ADDITIONAL LOAD OF 200 KVA TO HT INSTALLATION TO THE PLOT NO.86/2, 4TH PHASE, KIADB INDUSTRIAL AREA, MALUR TOWN, KOLAR DISTRICT, FORTHWITH.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed challenging the communication dated 15.03.2022 issued by the respondent-BESCOM requiring the petitioner to furnish occupancy certificate in respect of the subject property for grant of additional load as specified under the 7^th amendment to the conditions of sub-clause of supply of Electricity of Distribution Licensees in the State of Karnataka.

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Heard the learned counsel for the parties.

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During the pendency of the writ petition, the

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Karnataka Electricity Regulatory Commission (for short ‘the KERC’) has issued a notification dated 01.07.2022 deleting the requirement of production of occupancy certificate for grant of additional load and the 10^th amendment 2022 shall come into force from the date of its publication of the official gazette of the Karnataka State and all pending applications for supply/additional supply of electricity for which power sanction is communicated/ work order issued shall be processed as per this amended conditions of supply without insisting for fresh applications.

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In view of the notification issued by KERC deleting the requirement of furnishing occupancy certificate, the impugned communication issued by the respondent-BESCOM is not sustainable in law. Accordingly, I pass the following:

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ORDER

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i. Writ petition is allowed.

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ii. The impugned communication at Annexure-J dated 15.03.2022 issued by third respondent is hereby quashed.

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iii. The third respondent is hereby directed to provide service of the additional load to the subject property belonging to the petitioner forthwith.

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Sd/JUDGE

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RKA

M/S Spg Systems v. the Managing Director (Electrical)

Case brief

What is this about?

What did the court decide?

M/S Spg Systems v. the Managing Director (Electrical)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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