Petitioner claimed electricity payments via NEFT were not credited to BESCOM and sought quashing of a disconnection-related notice. The court found disputed facts unfit for writ jurisdiction and disposed of the petition, directing the petitioner to the KERC Consumer Grievance Redressal Forum.
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NC: 2024:KHC:50911 WP No. 5485 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 5485 OF 2023 (GM-KEB)
BETWEEN:
SRI. M.MUNISANJEEVAPPA S/O LT. SRI.ABBAYAPPA, AGED ABOUT 76 YEARS, RESIDING AT NO.25/1-A, 2ND CROSS, RAJEEV GANDHI ROAD, JARAGANAHALLI, KANAKAPURA MAIN ROAD, BENGALURU-560 078.
…PETITIONER
(BY SRI. K.H.PRADEEP KUMAR., ADVOCATE)
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. H.V.DEVARAJU., ADVOCATE)
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.Pradeep Kumar.K.H., counsel for the petitioner and Sri.H.V.Devaraju., counsel for the respondents have appeared in person.
Petition and it is marked as Annexure-D. A careful perusal of the same reflects that the said amount has not been reflected in the Bank account.
Counsel Sri.H.V.Devaraju., on instructions submits that on audit it has came to the notice of the BESCOM Authority that the said amount has not been credited to the account of the BESCOM.
Taking note of the contention of the petitioner and the objections raised by the BESCOM Authority, it is clear that the matter involves disputed question of facts. In my opinion, such claims cannot be considered in the Writ Petition. In general, the disputed question of fact is not investigated in a proceeding under Articles 226 and 227 of the Constitution of India. Hence, I decline to exercise power under the Writ jurisdiction.
This Court has not expressed any opinion on the merits of the case. All the contentions of the parties are kept open. The petitioner is at a liberty to seek interim relief before the KERC. Till the consideration of the interim relief, the BESCOM Authority shall not take any precipitative action for disconnection of the electricity power connection. The petitioner is directed to pay the regular consumption charges.
Sd/(JYOTI MULIMANI) JUDGE
MRP
List No.: 1 Sl No.: 24
1 issue framed by the court
Whether disputed questions of fact regarding NEFT payments claimed to be credited to BESCOM can be resolved under Articles 226/227 writ jurisdiction.
1 provisions across 1 enactments
Sri. M. Munisanjeevappa
Bangalore Electricity Supply Company Limited (BESCOM)
The Assistant Executive Engineer (Ele), BESCOM, S6 Sub-Division, J.P. Nagar, Bengaluru
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
