Allowed

Sri Manu L v. Bangalore Electricity Supply Company Ltd.

Karnataka HC9 Mar 2023WP/1072/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition to quash an endorsement deferring a tariff change due to pending dues. The court held that the subject of arrears was pending in other writs with interim orders, and converting tariff to commercial benefited the respondent corporation, making the endorsement unsustainable.

What did the court decide?

The impugned endorsement dated 15.12.2022 was quashed. The respondent was directed to enter the petitioner's name and charge commercial tariff from February 2022.

Sri Manu L Vs Bangalore Electricity Supply Company… — Service and Employment | Karnataka HC (2023)

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WP No. 1072 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 1072 OF 2023 (GM-KEB)

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BETWEEN:

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SRI MANU L S/O LATE B LAKSHMEGOWDA AGE 35 YEARS R/AT 3074, 2ND MAIN, WATER TANK ROAD GIRINAGARA, 4TH PHASE, BANGALORE - 560085

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…PETITIONER

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(BY SRI. D R RAVISHANKAR, SENIOR COUNSEL FOR SRI. SIRI RAJASHEKAR, ADVOCATE) AND:

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BANGALORE ELECTRICITY SUPPLY COMPANY LTD REP BY ITS ASSISTANT EXECUTIVE ENGINEER BASAVESHWARANAGAR

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BANGALORE - 560079

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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2. BENGALURU ELECTRICITY SUPPLY

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COMPANY LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, K.R. CIRCLE, DR. B R AMBEDKAR VEEDHI, BENGALURU-560 001.

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…RESPONDENTS

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(BY SRI. ANOOP HARANAHALLI, ADVOCATE FOR R1 AND R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT VIDE NO.SAKAANIE(V)/N3/SAIM(THAAM)/2022-23/2750, DATED 15.12.2022 ISSUED BY THE RESPONDENT VIDE ANNEXURE-D.

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WP No. 1072 of 2023

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THIS PETITION, COMING ON FOR ORDER, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Initially the schedule premises was used for running a hospital and the power connection was sanctioned by levying hospital tariff. The Tenant of the schedule premises went into liquidation and sought for time to vacate the schedule premises and was granted time up to 20.02.2022 by the Hon'ble Supreme Court.

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The petitioner claims to have purchased the schedule premises on 29.11.2018, and after the expiry of the time for vacating the schedule premises by the tenant, the petitioner submitted an application for changing the tariff from hospital to Commercial.

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The said application came to be deferred stating that the same can be considered only after the payment of arrears of electricity consumption charges amounting to Rs.37,50,891/- which was due from the earlier owner/tenant of the schedule premises.

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Mr. D.R.Ravishankar, learned senior counsel for the petitioner's counsel submits that the arrears of consumption charges is the subject matter of W.P.No.2383/2019 and W.P.No.889/2019. Hence, he submits that the schedule premises at present is utilized for commercial purpose, and as

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WP No. 1072 of 2023

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such the petitioner is entitled for change of tariff from hospital to Commercial.

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On the other hand, learned counsel for the respondents submits that as per Clause 36 of the Conditions of Supply of Electricity of the Distribution Licensees in the State of Karnataka, the transfer of the power connection in favour of the petitioner can be considered only after payment of arrears of consumption charges by the consumer.

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I have considered the submission made by the learned counsel for the parties.

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Arrears of consumption charges due in respect of the schedule premises is the subject matter in the aforesaid writ petitions, and the same are pending consideration, and in the said writ petitions, there is an interim order passed directing the respondents herein not to disconnect the power supply. Hence, the impugned endorsement issued deferring the application stating that the application cannot be considered till the payment of arrears of consumption charges is not sustainable in law.

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It is also undisputed that by converting the tariff from hospital to commercial, the same enures to the benefit of the respondent-Corporation, and on that ground also the impugned endorsement issued by the respondent No.1 is not sustainable in law.

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WP No. 1072 of 2023

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Accordingly, I pass the following:

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ORDER

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i) The writ petition is allowed;

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ii) Impugned endorsement dated 15.12.2022 issued by the respondent No.1 at Annexure-D is hereby quashed;

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iii) The respondent to enter the name of the petitioner in respect of R.R.No.3907325046 (N3HT62);

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iv) The respondent-Corporation is at liberty to charge the electricity tariff at commercial rate from February 2022 to till date;

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v) The respondent-Corporation is also at liberty to recover arrears of consumption charges from the petitioner, subject to the out come of the writ petition, if need arises in accordance with law;

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vi) Difference amount to be paid for converting the tariff from hospital to commercial with effect from February 2022 to be determined by the respondent within four weeks from the date of receipt of certified copy of this order.

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Sd/JUDGE

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Sri Manu L v. Bangalore Electricity Supply Company Ltd.

Case brief

What is this about?

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Sri Manu L v. Bangalore Electricity Supply Company Ltd.

Case brief

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