Allowed

Smt. Nalini K v. Bengaluru Electricity Supply Co.Ltd

Karnataka HC18 Sept 2024WP/25019/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of orders disconnecting temporary power supply for unauthorized layout house and directed BESCOM to consider fresh application pending outcome of related writ petition regarding unauthorized layout.

What did the court decide?

Petitioner allowed to submit application for sanction of temporary power supply subject to outcome of pending W.P.No.22050/2023.

Smt. Nalini K Vs Bengaluru Electricity… — Civil Procedure and Limitation | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:38362 WP No. 25019 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

¶6

WRIT PETITION NO.25019 OF 2024 (GM-KEB)

¶7

BETWEEN:

¶8

SMT. NALINI K. W/O. M.G. SHRINIVAS, AGED ABOUT 40 YEARS, R/AT NO.269, 2^ND CROSS, GUTTEPALYA, SIDDAPURA LAYOUT, JAYANAGARA 1^ST BLOCK, BENGALURU – 560 011. ... PETITIONER

¶9

(BY SRI ABHIJITH M.M., ADVOCATE)

¶10

AND:

¶11

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

¶12

Digitally signed by SHYAMALA Location: HIGH COURT OF KARNATAKA

¶13

THE ASSISTANT EXECUTIVE ENGINEER, K-4 SUB DIVISION, B.S.C.O.M., R.R. LAYOUT, NAGADEVANAHALLI, BENGALURU – 560 056. ... RESPONDENTS

¶14

(BY SMT. PADMA S. UTTAR, ADVOCATE)

¶15

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTERS (COMMUNICATION) FORWARDED BY THE R-2 TO THE PETITIONER ON DATED 22.01.2024 VIDE BEARING AND IMPUGNED REPLY GIVEN BY THE R-2 ON DATED 03.08.2024 AND NOT TO OPERATION OF FURTHER PROCEEDINGS RESPECTIVELY AS PER ANNEXURE-G AND J1 IN RESPECT OF THE PETITIONERS HOUSE CONSTRUCTION IN THE SITE NO. 218 AND ETC.

¶16

¶17

NC: 2024:KHC:38362 WP No. 25019 of 2024

¶18

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

¶19

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

¶20

ORAL ORDER

¶21

In this petition, the petitioner seeks for the following

¶22

reliefs:

¶23

"i) Writ of Certiorari or any other Writ or order or direction by quashing the impugned letters (communication) forwarded by the respondent No.2 to the petitioner on dated 22-01-2024 vide bearing No. ¸ÀPÁ¤EA(«)PÉ 4 /¸À.C(vÁA) / 23-24/ and impugned reply given by the respondent No. 2 on dated 03-082024 and vide Bearing No. ¸ÀPÁ¤EA(«)PÉ 4 /¸À.C(vÁ) / 2425/2766 not to operation of further proceedings respectively as per Annexure-G & J1, in respect of the petitioner's house construction in the site No. 218.

¶24

ii) Issue a Writ of Mandamus or issue direction to the respondent No.2 consider the representation filed by the petitioner on 01-08-2024 as per Annexure-J to sanction of temporary power supply to the petitioner house construction in the site No. 218 respectively formed out of assessment No.52, 53, 56, 57, 58 & 59, village panchayath katha No.old 42, house list no.218, situated at Seegehalli

¶25

3 - NC: 2024:KHC:38362 WP No. 25019 of 2024

¶26

village, Yashawanthpura hobli, Bengaluru North Taluk & after completion of the house construction grant permanent power supply to that house.

¶27

iii) Grant such other relief of 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."

¶28

The petitioner asserts that she has acquired the property bearing site No.218, layout formed out of assessment Nos.52, 53, 56, 57, 58 and 59, village Panchayat Katha No.Old 42, house list No.218, situated at Seegehalli Village, Yeswanthpur Hobli, Bengaluru North Taluk, through registered Gift deed from one Smt. Jayalakshmi dated 08.12.2015 and pursuant to the Gift Deed executed in her favour, the Katha has been effected and the petitioner is enjoying the said site by paying regular tax to the concerned authority and has become the absolute owner.

¶29

Petitioner further submits that she has obtained

¶30

approved sanction plan, construction licence and started

¶31

4 - NC: 2024:KHC:38362 WP No. 25019 of 2024

¶32

new construction work in her site and had also obtained temporary power supply by paying necessary fees. It is the case of the petitioner that respondent No.2 officials have disconnected the temporary power supply connection sanction and taken back the reading meter sanctioned to the petitioner.

¶33

It is brought to the notice of this Court that the layout owners have approached this Court in W.P.No.22050/2023 against the show-cause notice issued by the Bangalore Development Authority and this Court, vide order dated 04.10.2023 directed the authorities not to take any coercive action. The Bangalore Development Authority and Tahsildar of Bangalore North Taluk called upon the respondent-BESCOM to disconnect the temporary power connection sanctioned to the owners of the site including the petitioner herein.

¶34

The dispute as to whether the petitioner has put

¶35

up construction in an unauthorized layout is seized before this Court in W.P.No.22050/2023 and there is an interim

¶36

5 - NC: 2024:KHC:38362 WP No. 25019 of 2024

¶37

order operating, directing the BDA as well as the Tahsildar not to take any precipitative steps. Such being the case, the impugned order issued to the petitioner by respondent No.2 cannot be given effect to and respondent No.2 is at liberty to take appropriate action, subject to the final result in W.P.No.22050/2023.

¶38

Learned counsel for the petitioner submits that

¶39

the site owners had filed similar writ petitions before this Court in W.P. No.881/2024 and connected writ petitions, and W.P.21473/2024 and this Court has allowed the petitions with a direction to the jurisdictional BESCOM for sanction of power supply to the petitioner, which would be subject to the outcome of the pending W.P.No.22050/2023 and the present writ petition needs to be disposed of in similar terms. Accordingly, this Court pass the following order:

¶40

ORDER

¶41

i. The writ petition is allowed.

¶42

6 - NC: 2024:KHC:38362 WP No. 25019 of 2024

¶43

ii. The petitioner is at liberty to submit application in prescribed form with respondent No.2 for sanction of temporary power supply along with the requisite deposit and if such application is made by the petitioner, respondent No.2-BESCOM to consider the same and pass appropriate orders in accordance with law.

¶44

iii. It is made clear that this order would be always subject to the outcome of the pending W.P.No.22050/2023.

¶45

Sd/(K.S. HEMALEKHA) JUDGE

¶46

AMA

¶47

List No.: 1 Sl No.: 7

Smt. Nalini K v. Bengaluru Electricity Supply Co.Ltd

Case brief

What is this about?

What did the court decide?

Smt. Nalini K v. Bengaluru Electricity Supply Co.Ltd

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

The Workmen of Tafe Employees Union Vs Management of Tractors and Farm Equipment Limited

Ashaunnisa Vs Divisional Controller Ksrtc

M/S Automotive Axles Ltd. Vs Sri a Syed Shabeeruddin

Sri Kariyanna K Vs State of Karnataka

Pushparaj Associates Vs State of Karnataka

Shri K N Murthy Vs Shri K N Narayanaswamy