Disposed

Smt. Thanuja Nayaka a v. the State of Karnataka

Karnataka HC7 Mar 2024WP/26025/2023

Case brief

AI extract

What is this about?

Petitioner sought a writ of mandamus directing BESCOM to consider her application for permanent electricity connection to her Bengaluru building, which was pending due to conflicting survey reports on whether the premises measured less or more than 500 sq metres.

What did the court decide?

Direction to respondent No.3 to conduct fresh measurement of the property with an independent qualified Civil Engineer in petitioner's presence and consider the connection application within two weeks

Smt. Thanuja Nayaka a Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2024)

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1 - NC: 2024:KHC:9506 WP No. 26025 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 26025 OF 2023 (GM-KEB)

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BETWEEN:

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SMT. THANUJA NAYAKA A, W/O SRI. K. BHASKAR NAYAKA, AGED ABOUT 46 YEARS, R/AT NO. 144/25/1, 8TH CROSS, 5TH MAIN, GANESHA BLOCK, MAHALAKSHMI LAYOUT, BENGALURU - 560 086.

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…PETITIONER

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(BY SRI. V.R. BALARAJ, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, KPTCL, M.S. BUILDING, BENGALURU - 560 001.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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BENGALURU ELECTRICITY SUPPLY COMPANY LTD., CORPORATE OFFICE, K.R. CIRCLE, BENGALURU - 560 001, REPRESENTED BY ITS MANAGING DIRECTOR.

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SUPERINTENDING ENGINEER, ELECTRICAL (C, O AND M), BENGALURU NORTH CIRCLE, BESCOM, CRESCENT BUILDING, CRESCENT ROAD, BENGALURU - 560 001.

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THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL (C, O AND M), N-7 SUB-DIVISION,

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NC: 2024:KHC:9506 WP No. 26025 of 2023

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BESCOM, J.C. NAGARA, BENGALURU - 560 086.

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THE ASSISTANT ENGINEER(ELECTRICAL), O AND M -8, MAHALAKSHMI LAYOUT UNIT, BENGALURU - 560 086.

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…RESPONDENTS

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(BY SRI. S.R. KHAM ROZ KHAN, AGA FOR R1; SRI. H.V. DEVARAJU, ADVOCATE FOR R2 TO R5)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE 2^ND RESPONDENT TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 21/09/2023 PRODUCED AT ANNEXURE-E AND SANCTION PERMANENT ELECTRICITY CONNECTION TO THE BUILDING OF THE PETITIONER AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner asserts that she and her husband are the owners of site bearing No.144, PID No.12-8-25/1 (Old No.166 Jarakabande Kaval), Municipal No.25/1, situated at Jarakabande Kaval, Ganesha Block, 5^th Main Road, Corporation Ward No.68 (Old Ward No.12), within the limits of BBMP, Bengaluru City, and have constructed residential building on the said subject site.

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The petitioner submitted an application with respondent No.3 for sanctioning power supply to the subject premises. The said application was not considered, since there are multiple reports indicating that the measurement of the building was either less than 500 Sq.Mts or more than 500 Sq.Mts. The petitioner's grievance is that, though a report was submitted stating

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NC: 2024:KHC:9506 WP No. 26025 of 2023

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that the measurement of the subject premises is less than 500 Sq.Mts, respondent No.3 has not considered the application.

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The learned counsel for respondent No.3 submits that there are multiple reports issued by the Civil Engineers, and also respondent No.5, indicating that the measurement of the building is either less than 500 Sq.Mts or more than 500 Sq.Mts, and if the petitioner cooperates, a fresh survey will be conducted for measuring the subject premises.

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Therefore, it is expedient to dispose of the petition, directing respondent No.3 to conduct measurement of the subject property with the assistance of a qualified Civil Engineer, except respondent No.5 in the presence of the petitioner.

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The survey of the subject property is to be conducted on 20.03.2024 at 11.00 a.m. upon receipt of the report to be submitted, Respondent No.3 to consider the application submitted by the petitioner in accordance with law within a period of two weeks from the date of receipt of the report to be submitted by the qualified Civil Engineer.

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List No.: 1 Sl No.: 19 CT: BHK

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Sd/JUDGE

Smt. Thanuja Nayaka a v. the State of Karnataka

Case brief

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Smt. Thanuja Nayaka a v. the State of Karnataka

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