IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.57164/2018, W.P.No.57165/2018, W.P.No.57166/2018 (GM-KEB) IN W.P.No.57164/2018:
BETWEEN :
SMT.DILSHAD BANU W/O ILYAS, AGED ABOUT 36 YEARS, R/AT SHIRAVALA ROAD, ANALEKOPPA NEW LAYOUT, SAGAR, SHIMOGGA DISTRICT- 577401 ... PETITIONER (BY SRI GANAPATHI, ADV.) IN W.P.No.57165/2018:
BETWEEN :
SMT.HASEENA, W/O SYED RAFIQ AGED ABOUT 39 YEARS R/AT SHIRAVALA ROAD ANALEKOPPA NEW LAYOUT, SAGAR SHIMOGGA DISTRICT-577 401. ...PETITIONER (BY SRI GANAPATHI, ADV.) IN W.P.No.57166/2018:
BETWEEN :
SYED THOUFIQ S/O SYED GHANI SAB, AGED ABOUT 31 YEARS, R/AT SHIRAVALA ROAD, ANALEKOPPA NEW LAYOUT, SAGAR, SHIMOGGA DISTRICT-574011 ...PETITIONER (BY SRI GANAPATHI, ADV.) AND :
1. THE SUPERINTENDING ENGINEER, ELECL., MANGALORE ELECTRICITY SUPPLY COMPANY LTD, SHIMOGA CIRCLE, SHIMOGA-577 201 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECL., O & M SUB DIVISION, SAGAR, SAGAR TALUK-577 401, SHIMOGA DISTRICT …RESPONDENTS (COMMON) (BY SMT.M.C.NAGASHREE, ADV.) THIS WRIT PETITION No.57164/2018 IS FILED UNDER ATICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 02.08.2018 ANNEX-D ISSUED BY THE R-2 CONSEQUENTLY.
THIS WRIT PETITION No.57165/2018 IS FILED UNDER ATICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 26.06.2018 ANNEX-E ISSUED BY THE R-2 BY ISSUING THE WRIT IN THE NATURE OF CERTIORARI.
THIS WRIT PETITION No.57166/2018 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 21.06.2018 ANNEXURE-C, ISSUED BY THE R-2 CONSEQUENTLY.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These petitions involving similar and akin issues, have been considered together and are taken up for final disposal at this stage with the consent of the learned counsel appearing for the parties.
2. The petitioners have assailed the endorsement/order dated 2.8.2018, 26.6.2018 and 21.6.2018 respectively issued by the respondent No.2 inter alia seeking a direction to the respondents to provide regular electricity connections to the petitioners premises in accordance with law.
3. The petitioners are claiming to be the owners of the sites carved out in the layout formed in the land bearing Re-Survey No.37 (Old survey No.3) to an extent of 3 acres situated at Analekoppa village, Kasaba Hobli, Sagar Taluk, acquired through registered sale deeds from their vendors. It is contended that the owner of the land got converted the land to non agricultural purpose and formed a lay out for residential purpose which has been approved by the Urban and Rural planning authority. It is submitted that the petitioners are bonafide purchasers of the sites in the said layout and constructed houses in their respective sites by obtaining license from the Town Municipality.
4. It is the grievance of the petitioners that their request made to the respondent-Authorities to regularize the temporary connection made to their respective houses has not yielded positive result and the respondent- Authorities are denying the permanent power supply for the reason that, layout is not electrified in terms of KERC Regulations 2004 which is contrary to Regulation 3.2.3 of the conditions of supply of Electricity of Distribution Licensees in the State of Karnataka (‘Regulations’ for short). In support of their contentions, reliance is placed on the judgment of this Court in the case of Sri T Niranjan V/s. Assistant Executive Engineer in WP.No.31133-135/2014 (dated 30.10.2014).
5. Learned counsel Smt.M.C.Nagashree, appearing for respondent-Authorities fairly submits that the issue involved herein is covered by the order passed by this Court in the case of Sri.T.Niranjan, supra.
6. Having heard the learned counsel appearing for the respective parties and perusing the material on record, this Court is convinced that the issue involved herein is no more res integra in view of the order passed by this Court in the case of Sri.T.Niranjan, supra as well as in W.P.No.31727/2016 and allied matters disposed of on 15.3.2018, wherein it is observed that if no substantial work is done by the developer as required to draw electric line for supply of electricity to the layout, the respondent- Authorities ought to have proceeded in terms of Regulation 3.2.3. The petitioners cannot be deprived of permanent/regular power supply connection.
7. In view of the aforesaid, the respondent- Authorities are obligated to consider the request of the petitioners and act in accordance with the Regulations.
Accordingly, the writ petitions are allowed. Impugned orders dated 2.8.2018 (Annex-D), 26.6.2018 (Annex-E) and 21.6.2018 (Annex-C) are quashed. Respondent No.2 shall consider the request of the petitioners and take steps to supply regular electricity connection to the premises of the petitioners in accordance with the Regulations 3.2.3 within a period of four weeks from the date of receipt of certified copy of this order subject to the petitioners discharging their obligations as may be informed to them by the respondent-Authorities in accordance with law.
Sd/- JUDGE Dvr: