Allowed

Sri Palani a v. Bengaluru Electricity Supply Co. Ltd.

Karnataka HC28 Aug 2024WP/21473/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of a BESCOM letter refusing permanent electricity connection to their newly constructed house in a layout alleged unauthorized, whose legality was pending in a connected writ petition. The Court allowed the petition on terms mirroring identical matters, directing BESCOM to consider applications subject to that pending case.

What did the court decide?

Petitioners permitted to apply for permanent power supply; BESCOM directed to consider applications per law, subject to outcome of W.P. No.22050/2023.

Sri Palani a Vs Bengaluru Electricity Supply Co. Ltd. — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:34539 WP No. 21473 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 21473 OF 2024 (GM-KEB)

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BETWEEN:

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SRI. PALANI A, S/O LATE ARUMUGAM, AGED ABOUT 57 YEARS,

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SMT. S. RADHA, W/O PALANI A, AGED ABOUT 48 YEARS, BOTH ARE R/AT NO.1652/8, 3^RD CROSS, 14^TH MAIN ROAD, PRAKASHNAGAR, RAJAJINAGAR, BENGALURU – 560 021.

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…PETITIONERS

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(BY SRI. ABHIJITH M.M., ADVOCATE)

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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AND:

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BENGALURU ELECTRICITY SUPPLY CO. LTD., CORPORATE OFFICE SITUATED AT K.R.CIRCLE, NRUPATHUNGA ROAD, BENGALURU - 560 001. REPRESENTED BY ITS MANAGING DIRECTOR.

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THE ASSISTANT EXECUTIVE ENGINEER, K-4 SUB DIVISION, B.S.C.O.M, R.R. LAYOUT,

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2 - NC: 2024:KHC:34539 WP No. 21473 of 2024

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NAGADEVANAHALLI, BENGALURU – 560 056.

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…RESPONDENTS

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(BY SRI.R.SRINIVASA GOWDA, ADVOCATE FOR R1 AND R2)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTERS (COMMUNICATION) FORWARDED BY THE R-2 TO THE PETITIONER ON DATED 19.07.24 VIDE BEARING NO.SAKANIIM(V)K4/SA.AA(THAM)/23-24/2184 AND NOT TO OPERATION OF FURTHER PROCEEDINGS AS PER ANNEXURE - F IN RESPECT OF THE PETITIONERS HOUSE CONSTRUCTED IN THE SITE NO.827 AND ETC.,

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

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CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioners in this writ petition are seeking for

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the following prayers:

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(i) Writ of certiorari or any other writ or order or direction by direction by quashing the impugned letters (communication) forwarded by the respondent No.2 to the petitioner on dated 19.07.2024 vide bearing No.¸ÀPÁ¤E0(«)/PÉ4/¸À.C(vÁA)/23-24/2184 and not to operation of further proceedings as per Annexure - F, in respect of the petitioner's house constructed in the site No.827.

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3 - NC: 2024:KHC:34539 WP No. 21473 of 2024

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(ii) Issue a writ of mandamus or issue direction to the respondent No.2 to sanction of permanent power supply to the petitioners newly constructed houses in the sites No.827 respectively formed out of assessment No.52, 53, 56, 57, 58 and 59, village panchayath katha No. Old 42, house list no.827/53, situated at Seegehalli village, Yashawanthpura hobli, Bengaluru North Taluk.

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(iii) Grant such other relief or reliefs, pass such other order or orders, issue such other direction or directions as this Hon'ble Court deems necessary under the facts and circumstances of the above case, in the interest of the above case.

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The petitioners have acquired the property bearing Site No.827, layout formed out of assessment Nos.52, 53, 56, 57, 58 and 59, village Panchayat Katha No. Old 42, House list No.827/53 situated at Seegehalli Village, Yeswanthpur Hobli, Bengaluru through registered Sale Deed dated 02.08.2021, pursuant to the sale deed, the petitioners name has been entered in the revenue records

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4 - NC: 2024:KHC:34539 WP No. 21473 of 2024

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and the petitioners have obtained approved sanctioned plan and carried out constructions over the site by obtaining temporary power connection. After the construction, the petitioners have sought sanction of permanent power connection for their house in Site No.827. Respondent No.2 issued the letter stating that the permanent electricity connection cannot be granted to the newly constructed site situated at Sy. Nos.52, 53, 56, 57, 58 and 59.

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It is brought to the notice of this Court that the vendors of the petitioners were issued with a show-cause notice stating that the vendors have formed unauthorized layout in contravention of provisions of Karnataka Town and Country Planning Act and Bangalore Development Authority Act, challenging the show cause notices, the petitioners vendors have approached this Court in W.P. No.22050/2023 and this Court, vide order dated 04.10.2023 directed the authorities not to take any coercive steps.

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5 - NC: 2024:KHC:34539 WP No. 21473 of 2024

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The dispute as to whether the petitioners have put

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up construction in the unauthorized layout is seized before this Court in W.P. No.22050/2023 and there is an interim order operating, directing the BDA as well as the Tahsildar not to take any precipitative action. Such being the case, the impugned orders issued to the petitioners by respondent No.2 cannot be given effect to and the respondent No.2 is at liberty to take appropriate action subject to the result in W.P. No.22050/2023.

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Learned counsel on both sides submit that in identical matters, in W.P. No.881/2024 and other connected matters, the layout owners had approached this Court seeking similar prayer and this Court, vide order dated 21.03.2024 allowed the petitions with a direction to the jurisdictional BESCOM office for sanction of permanent power supply to those petitioners, which would be subject to the final outcome in the pending W.P. No.22050/2023, the present writ petition also needs to be disposed of

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NC: 2024:KHC:34539 WP No. 21473 of 2024

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under similar terms and accordingly, this Court pass the following-

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ORDER

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(i) The writ petition is allowed .

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(ii) The petitioners are at liberty to submit

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applications in prescribed form with respondent No.2 for sanction of permanent power supply along with requisite fee and if such applications are submitted, respondent No.2 - BESCOM to consider the same and pass appropriate orders

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in accordance with law.

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(iii) It is made clear that this order is

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subject to the outcome of the final result in the

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pending writ petition in W.P. No.22050/2023.

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Sd/(K.S. HEMALEKHA) JUDGE

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YKL