IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 2472 OF 2019 (GM-CPC) BETWEEN:
SMT. ASHA, W/O LOKESHACHAR, AGED ABOUT 35 YEARS, HOUSING BOARD, CHANNAPATNA LAYOUT, HASSAN-01.
(BY SRI. PRATHEEP K C, ADVOCATE) AND:
1. SMT. H .R. SHEELA, W/O DHANANJAYA, AGED ABOUT 45 YEARS, HOUSING BOARD, CHANNAPATNA LAYOUT, HASSAN-01.
2. ASSISTANT EXECUTE ENGINEER CHESCOM,SANTHEPETE, CITY SUB-DIVISION, HASSAN-01.
3. EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD, KUVEMPU NAGAR 2ND STAGE, HASSAN-01.
… PETITIONER … RESPONDENTS (BY SRI. OMKAR BASAV PRABHU, ADVOCATE FOR R1; SRI. H V DEVARAJ, ADVOCATE FOR R2;
SRI. M N RAMANJANEYA GOWDA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.10.2018 IN M.A.NO.35/2017 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE & JMFC AT HASSAN (ANNEXURE-G) PASSED ON THE APPLICATION (I.A.II) UNDER ORDER 39 RULE 1 & 2 OF CPC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the third defendant in an injunctive suit in O.S.No.462/2017 filed by the first respondent Smt. H.R.Sheela herein is invoking the writ jurisdiction of this Court for assailing the order dated 27.10.2018 a copy whereof is at Annexure-G, whereby the learned II Additional Senior Civil Judge, Hassan, had interdicted the shifting of the electrical pole in question. After service of notice, the respondents have entered appearance through their counsel and resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the writ petition papers, more particularly the Self – execution Work Approval dated 19.10.2016 at Annexure-B, this Court having the broad consensus of the stake holders, doth order as under:
i) the writ petition is allowed and the impugned order is set at naught;
ii) Petitioner is permitted to shift the subject electrical pole as mentioned in the Self - execution Work Approval dated 19.10.2016 and strictly subject to the conditions mentioned therein;
iii) the shifting of the electric pole shall be accomplished with due care & caution and with the effective supervision of the responsible officials of the respondent Nos. 2 & 3 and that no loss to life/limb or damage to property shall be caused.
No costs.
Sd/- JUDGE Bsv