Allowed

Sri Venkatesh v. the Chief Officer

Karnataka HC5 Nov 2024WP/11404/2024

Case brief

AI extract

What is this about?

Property owners sought renewal of municipal no-objection certificates for BESCOM power supply after construction delays caused earlier NOCs to lapse. The court directed the Chief Officer to consider and communicate a decision on renewal within four weeks.

What did the court decide?

Direction to the respondent to consider and inform petitioners about renewal of NOC for electricity supply within four weeks.

Sri Venkatesh Vs the Chief Officer — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC:44427 WP No. 11404 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 11404 OF 2024 (LB-RES)

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BETWEEN:

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SRI VENKATESH S/O LATE VENKATAPPA AGED ABOUT 56 YEARS

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SMT. SAROJA W/O VENKATESH AGED ABOUT 50 YEARS

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BOTH ARE R/AT YERRA KALUVE ROAD WARD NO.2 BAGEPALLI TOWN BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT 561 207

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Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA

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(BY SRI. NAVEEN J N., ADVOCATE)

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…PETITIONERS

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AND:

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THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL BAGEPALLI TOWN, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT-561 207

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…RESPONDENT

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(BY SRI. CHETHAN A C., ADVOCATE)

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2 - NC: 2024:KHC:44427 WP No. 11404 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT HEREIN TO ISSUE NOC TO OBTAIN POWER SUPPLY FROM BESCOM IN FAVOUR OF THE PETITIONERS IN RESPECT OF THE PETITION SCHEDULE PROPERTY PURSUANT TO THE NOCS ISSUED EARLIER IN NO. BA.PU.SA/NOC/CR/2022-23 DATED 17/11/2022 MARKED AT ANNEXURE-S AND NOC IN NO.BA.PU.SA/NOC/CR/2022-23 DATED 17/05/2023 MARKED AT ANNEXURE-S1 TO THE WP.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioners, who assert ownership of certain extent in Sy.No.442/4 of Bagepalli Village, Kasaba Hobli, Bagepalli Taluk, have sought for directions to the respondent to renew No Objection Certificates [NOC] dated 17.11.2022 and 17.05.2023 [ Annexures - S and S1 ] so that the petitioners can avail the electricity supply to their property. The petitioners also assert that they have the advantage of Revenue Entries [ Katha ] for the property.

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3 - NC: 2024:KHC:44427 WP No. 11404 of 2024

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Sri. J. N. Naveen, the learned counsel for the petitioners, and Sri. A. C. Chethan, the learned counsel for the respondent, are heard. It is seen from Annexures - S and S1 that the respondent has issued NOC to the petitioner to avail electricity supply from BESCOM with a renewal thereof on 17.05.2023. It is undisputed that this NOC and the subsequent renewal is for a period of six [6] months each, and the petitioners have not been able to avail advantage of such NOC because they could not complete construction within such time.

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Sri. J. N. Naveen submits that the petitioners could not complete construction as there was some delay in disbursement of the loan, and now the construction is complete with the lender - M/s. Karnataka State Financial Corporation - extending financial assistance. Sri. A. C. Chethan submits that in the circumstances relied upon by the petitioners, this Court could direct the respondent to consider

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4 - NC: 2024:KHC:44427 WP No. 11404 of 2024

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issuing renewal of the NOC and if there is such direction, the respondent will consider the same and inform the petitioners about the decision to renew the NOC within a period of four [4] weeks from the date of receipt of a certified copy of this Court's order. In the light of the afore, the following:

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ORDER

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a. The petition is allowed directing the respondent to consider and inform the petitioners about renewal of NOC for availing electricity within a period of four [4] weeks from the date of receipt of a certified copy of this order.

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b. The petitioners shall be at liberty to file a certified copy within four [4] weeks from the date of receipt thereof.

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SD/(B M SHYAM PRASAD) JUDGE

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Sri Venkatesh v. the Chief Officer

Case brief

What is this about?

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Sri Venkatesh v. the Chief Officer

Case brief

What is this about?

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