Disposed

Sri. Seenappa v. Bangalore Electricity Supply Company Limited

Karnataka HC15 Mar 2024WP/12060/2021

Case brief

AI extract

What is this about?

A brick factory owner challenged BESCOM's calculation sheet demanding backfilling and compounding charges for allegedly using LT-5 power beyond sanctioned load. The court treated the calculation sheet as a show cause notice, allowed objections within 15 days, directed a reasoned order after hearing, and restrained disconnection subject to regular consumption charges.

What did the court decide?

Calculation sheet treated as show cause notice; petitioner may file objections within 15 days; respondent No.3 to pass order after notice; no disconnection till then subject to payment of regular cons

Sri. Seenappa Vs Bangalore Electricity Supply… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:10927 WP No. 12060 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 12060 OF 2021 (GM-KEB)

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BETWEEN:

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SRI. SEENAPPA AGED ABOUT 71 YEARS S/O LATE KONAPPA NO. 64/2, VAJARAHALLI 80 FEET ROAD, THALAGATTAPURA BENGALURU - 560 062.

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…PETITIONER

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(BY SRI. NAGARAJU M., ADVOCATE)

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AND:

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BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED CORPORATE OFFICE K.R. CIRCLE, BENGALURU - 560 001 REPRESENTED BY ITS GENERAL MANAGER (A AND HR).

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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THE ASSISTANT EXECUTIVE ENGINEER (ELE) S-12, SUB-DIVISION, BESCOM 1ST 'A' CROSS, 6TH MAIN, GOWRAVANAGAR NEAR BRIGADE GARDENIA APARTMENT J.P. NAGAR, 7TH PHASE, BENGALURU - 560 078.

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THE ASSISTANT EXECUTIVE ENGINEER (ELE) BESCOM VIGILANCE JAYANAGAR POLICE STATION, NO.224, 5TH CROSS, PADMANABHA NAGAR

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NC: 2024:KHC:10927 WP No. 12060 of 2021

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BANASHANKARI 2ND STAGE BANGALORE - 560 070.

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…RESPONDENTS

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(BY SRI. H.V. DEVARAJU, ADVOCATE FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-A, CALCULATION SHEET, DATED 17.04.2021 AND TO ALLOW THE WRIT PETITION.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner, who is running a brick factory, was sanctioned with permanent power supply of 15 HP bearing RR No.BGP2368 for manufacturing of hollow bricks under the LT-5 tariff. The respondents assert that an inspection was conducted on the industrial premises belonging to the petitioner, and it was uncovered that the petitioner was using the power for the purpose of construction of a building to which LT-7 tariffs is applicable. Accordingly, a provisional revenue loss of calculation sheet was issued calling upon the petitioner to pay a sum of Rs.1,69,502/towards backfilling, compounding charges, etc.

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The learned counsel for the petitioner argues that even accepting the case of the respondents, the petitioner had used the power supply for temporary purpose, the total load of the installation of the system did not exceed the sanctioned load, and therefore, he is not liable to pay the amount as stated in the calculation sheet.

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NC: 2024:KHC:10927 WP No. 12060 of 2021

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Per contra, the learned counsel for the respondents submits that the petitioner had used the power supply for temporary purposes, which exceeded the sanctioned loan, and therefore, the petitioner is liable to pay the amount stated in the calculation sheet.

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Considered the submissions of the learned counsel for the parties.

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The electric tariff 2013 was published by the Bangalore Electricity Supply Company Limited. Clause-2 of conditions applicable to billing of LT installation published by the Bangalore Electricity Supply Company Limited states that use of power within the consumer premises for bonafide temporary purpose is permitted, subject to the condition that total load of the installation on the system does not exceed the sanctioned load.

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The petitioner specifically asserts that the power supply utilized for temporary purpose did not exceed the sanctioned load. However, the respondent-BESCOM disputes the same, and contends that the power supply used for temporary purpose exceeded the sanctioned load.

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Whether the petitioner power supply used for temporary purpose was in excess of the sanctioned load is the matter which requires to be considered after the petitioner is provided with an opportunity of hearing. Accordingly, I pass the following:

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ORDER

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i) The petition stands disposed of.

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NC: 2024:KHC:10927 WP No. 12060 of 2021

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ii) The calculation sheet dated 17.4.2021 issued by the respondent No.3 vide Annexure-A is treated as show cause notice, and the petitioner is permitted to file his objection to the show cause notice within 15 days from the date of receipt of the certified copy of this order.

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iii) Upon receipt of the reply to the show cause notice, the respondent No.3 to pass appropriate order in accordance with law after notifying the petitioner.

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iv) Till consideration of the reply to be submitted by the petitioner, the respondents shall not disconnect the power supply to the petitioner's premises subject to the petitioner paying the regular consumption charges.

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v) All the contentions are kept open.

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Sd/JUDGE

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BKM

Sri. Seenappa v. Bangalore Electricity Supply Company Limited

Case brief

What is this about?

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Sri. Seenappa v. Bangalore Electricity Supply Company Limited

Case brief

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What did the court decide?

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