Petitioner challenged a BESCOM notice directing shifting of a transformer installed on an industrial plot, contending a civil suit with the third respondent over the plot was pending. The Court held the communication untenable for want of opportunity and quashed it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 16862 OF 2024 (GM-KEB)
BETWEEN:
M/S. TOOL TECH (SHEET METAL FABRICATION-SSI UNIT, A PROPRIETARY CONCERN), REPRESENTED BY ITS PROPRIETOR, SRI. K.N.SHESHADRI GOWDA, AGED ABOUT 64 YEARS, SON OF LATE NARAYANAPPA, HAVING ITS REGISTERED OFFICE AT, C-102, DYAVASANDRA INDUSTRIAL ESTATE, NEXT TO "PHEONIX MARKET CITY MALL", MAHADEVAPURA POST, BENGALURU-560 048.
…PETITIONER
(BY SRI. NAUMAN SHARIFF., ADVOCATE FOR SRI. SRI.C.SHANKAR REDDY., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N 1. BENGALURU ELECTRICITY Location: High SUPPLY COMPANY LIMITED, Court of Karnataka (CORPORATE OFFICE), K.R.CIRCLE, NRUPATHUNGA ROAD, BENGALURU-560 001. REPRESENTED BY ITS MANAGING DIRECTOR.
NC: 2024:KHC:52269 WP No. 16862 of 2024
S/O VENKATA SUBBA REDDY, AGED ABOUT 55 YEARS, NO.8, G.NO. 10TH STREET, 3RD CROSS, HALASURU, BENGALURU-560 008.
…RESPONDENTS
(BY SRI. H.V.DEVARAJU., ADVOCATE FOR R1 AND R2; SRI. V.LAKSHMAIAH., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Nauman Shariff., counsel on behalf of Sri.C.Shankar Reddy., for the petitioner and Sri.H.V.Devaraju., counsel for respondents 1 and 2 have appeared in person.
reliefs:
second respondent addressed to the petitioner in respect of Plot No.176-P3 of Narasapura Industrial Area, Kolar District vide Annexure-U.
NC: 2024:KHC:52269 WP No. 16862 of 2024
with care.
Industrial Plot to the petitioner and the third respondent. The third respondent raised a complaint before the BESCOM Authorities alleging that the petitioner has installed a transformer in its land. Based on the complaint, the BESCOM Authorities communicated to the petitioner to shift the transformer without noticing the fact that a civil dispute in O.S.No.488/2021 on the file of Senior Civil Judge and JMFC,
NC: 2024:KHC:52269 WP No. 16862 of 2024
Kolar between the petitioner and the third respondent was pending. Moreover, an opportunity is not accorded to the petitioner. Hence, the action on the part of the BESCOM Authorities for shifting the transformer is untenable. Hence, this Court deems it proper to set-aside the communication issued by the BESCOM Authorities.
JEE/JE(vÁ)/ªÀiÁ/PÀ-28/2023-24/492-96 issued by the second
respondent vide Annexure-U is quashed.
6. Resultantly, the Writ Petition is allowed .
Sd/(JYOTI MULIMANI) JUDGE
TKN
List No.: 1 Sl No.: 28
1 issue framed by the court
Whether the BESCOM notice dated 30.05.2024 directing the petitioner to shift its transformer could stand despite a pending civil suit between the parties and without according an opportunity of hearin
1 provisions across 1 enactments
M/S. Tool Tech (Sheet Metal Fabrication-SSI Unit, a proprietary concern), represented by its proprietor, Sri. K.N. Sheshadri Gowda
Bengaluru Electricity Supply Company Limited, represented by its Managing Director
The Assistant Executive Engineer, Office and Maintenance Sub-Division, BESCOM, Maluru
M/S. Bhaskar Hotel and Restaurant, represented by its proprietor, Dr. B.V. Bhaskar
Jyoti Mulimani
As recorded by the court registry
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