Disposed

Sri Prabhakar Shetty v. Mangalore Electricity Supply Company (Mescom)

Karnataka HC12 Mar 2024WP/6648/2022

Case brief

AI extract

What is this about?

Petitioner sought power supply sanction from MESCOM and door number assignment by Grama Panchayath for his premises. Appellate court order in related suit granted liberty to obtain power supply. High Court disposed of the writ petition directing fresh application to be considered within four weeks and door number assignment within two months, without conferring title.

What the court decided

AI extract

Sri Prabhakar Shetty Vs Mangalore Electricity Supply… — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:10022 WP No. 6648 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF MARCH, 2024 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6648 OF 2022 (GM-KEB)

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BETWEEN:

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SRI PRABHAKAR SHETTY S/O MOOKAMBIKA SHEDTHI AGED ABOUT 45 YEARS R/A GULLADI BELOOR VILLAGE MANOOR POST KUNDAPURA UDUPI-576221

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…PETITIONER

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(BY SRI. AJITH A SHETTY.,ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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MANGALORE ELECTRICITY SUPPLY COMPANY (MESCOM) A GOVERNMENT OWNED COMPANY WITH ITS CORPORATE OFFICE LOCATED AT IST FLOOR, MESCOM BHAVAN CORPORATE OFFICE MESCOM KAVOOR CROSS ROAD, BEJAI MANGALORE-575004 BY ITS MANAGING DIRECTOR

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NC: 2024:KHC:10022 WP No. 6648 of 2022

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BELOORU GRAMA PANCHAYATH BELOORU, KUNDAPURA UDUPI DISTRICT-576221

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BY THE PANCHAYATH DEVELOPMENT OFFICER

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SMT NIROSHA SHETTY D/O SMT JAYANTHI SHETTY AGED ABOUT 30 YEARS R/A GULLADI, BELOOR VILLAGE MANOOR POST, KUNDAPURA UDUPI-576221

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…RESPONDENTS

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(BY SRI. H.V.DEVARAJU.,ADVOCATE FOR R1; SRI. K.CHANDRANATH ARIGA, ADVOCATE FOR R3; R-2 SERVED-UNREPRESENTED)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 GRAMA PANCHAYATH TO ACCORD A DOOR NUMBER TO THE PETITIONERS HOUSE CONSTRUCTED OVER LAND BEARING SY.NO.23/11P1P2 OF GULLADI, BELOOR VILLAGE, MANOOR POST, KUNDAPURA, UDUPI 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 he is the owner of the site in land bearing Sy.No.23/11P1P2 of Gulladi, Beloor Village, Manoor Post, Kundapura, Udupi.

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NC: 2024:KHC:10022 WP No. 6648 of 2022

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The petitioner submitted an application with respondent No.1 for sanctioning power supply to the subject property. The application submitted by the petitioner was not considered since the order of temporary injunction was operating against the petitioner. Hence, this petition.

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Learned counsel for the petitioner submits that an order of temporary injunction operating against the petitioner in O.S.No.197/2020 was vacated by the Trial Court on 23.12.2021 and in M.A.No.1/2022 the Appellate Court has restrained the petitioner from alienating the subject premises, however granted liberty to the petitioner to obtain power supply in Item No.21 of suit 'A' schedule property which is the subject matter of this petition. Therefore, in the absence of any legal impediment, the petitioner is entitled for sanction of power supply to the subject premises.

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Learned counsel for respondent Nos.1 and 3 submits that there is a dispute pending between the parties in the Civil Court and hence, petitioner is not entitled for power supply to the subject premises and sought for dismissal of the petition.

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Considered the submissions made by the learned counsel for the parties.

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Initially, the temporary injunction was operating against the petitioner in O.S.No.197/2020, and ex-parte interim order of temporary injunction was vacated on 23.12.2021. Being aggrieved, the respondent No.3 filed M.A.No.1/2022 before the First Appellate Court. The First Appellate Court by order dated 29.06.2022,

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NC: 2024:KHC:10022 WP No. 6648 of 2022

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restrained the petitioner from alienating the suit schedule property, however, granted liberty to the petitioner to obtain power supply in respect of item No.21 suit 'A' schedule property which is the subject premises. Therefore, there is no legal impediment for respondent No.1 to consider the request of the petitioner for sanctioning the power supply to the subject premises.

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Accordingly, I pass the following:

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ORDER

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i. Writ petition is disposed of.

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ii. Liberty is granted to the petitioner to submit an application in the prescribed form afresh with the Assistant Executing Engineer, O and M Sub-division, Kundapur, with all the relevant documents for sanctioning the power supply to the subject premises, if not already submitted.

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iii. If such an application is submitted, the authority concerned to consider the same in accordance with law within a period of four weeks from the date of the application to be submitted by the petitioner.

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iv. Respondent No.2 to consider the application submitted by the petitioner for assigning door number to the subject premises in accordance with law within a period of two months from the date of receipt of certified copy of this order.

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v. The assignment of the door number will not confer the right title over the subject premises and it is

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NC: 2024:KHC:10022 WP No. 6648 of 2022

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subject to the final outcome of the pending suit before the Civil Court.

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The trial Court to adjudicate the claim of the parties without being influenced by any observations made in this order, and the observation made if any, is only for the present petition.

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Sd/JUDGE

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RKA

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List No.: 1 Sl No.: 41

Sri Prabhakar Shetty v. Mangalore Electricity Supply Company (Mescom)

Case brief

What is this about?

What the court decided

Sri Prabhakar Shetty v. Mangalore Electricity Supply Company (Mescom)

Case brief

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