IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION No.26298/2019 (GM-KEB) Between:
Dr. Mohamed Faizuddin S/o Abdul Khadar Sab Aged about 70 years R/at No.339, HBR Layout I Stage, II Block Bengaluru – 560 084. .. Petitioner (By Sri S.A.H. Razvi, Advocate) And Asst. Executive Engineer (Ele)(Com. O&M) BESCOM, Lazar Road Cook Town Bengaluru – 560 005. .. Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notice dated 31.05.2019 passed by the Asst. Executive Engineer, BESCOM, Lazar Road, Cooke Town, Bengaluru which is produced as Annexure-A.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER Prima facie there is no infirmity in Annexure-A. However, petitioner should have been given an opportunity to apprise the authorities.
2. Petitioner had been provided with 7 days time for removal of certain constructions and trees and other items in terms of the report. The petitioner is hereby directed to apprise the concerned authorities by furnishing the details of the issue stated in Annexure-A along with photographs. Thereafter, Assistant Executive Engineer, (Ele)(Com.O&M), Bescom or the competent authority is directed to pass a speaking order on the petitioner’s application to overcome the proposed action in Annexure-A and shall communicate the decision to the petitioner within a period of four weeks from the date of receipt of the petitioner’s application along with records.
In the meanwhile, till final order is passed on the petitioner’s application by the competent authority, the concerned authorities are directed not to take any action pursuant to Annexure-A dated 31.05.2019. Annexure-A dated 31.05.2019 is treated as show cause notice to the petitioner.
With the above observations, writ petition stands disposed off.
SD/- JUDGE PYR