IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.46324 – 46327/2017 (GM – KEB) BETWEEN:
M/s GARUDA DIAGNOSTICS CENTER GROUND FLOOR, GOVT. EMPLOYEES ASSOCIATION BUILDING, OPP. DHO OFFICE, BEHIND PETROL BUNK CHITRADURGA TOWN-577501 REP. BY ITS MANAGING PARTNER Dr. SANJAY H.S., S/O SIDDAPPA B.H., AGED ABOUT 35 YEARS, R/O NO.147, NEERAJA NILAYA 2ND MAIN, SARVABHOUMA NAGARA CHIKKASANDRA, BENGALURU-560061 ... PETITIONER [BY SRI VENKATESH R. BHAGAT, ADV.] AND:
1. BESCOM HAVING ITS HEAD OFFICE AT K.R.CIRCLE, BENGALURU-560 001 BY ITS MANAGING DIRECTOR 2. THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICITY) BESCOM VA.KA & PA URBAN SUB DIVISION, BESCOM CHITRADURGA-577501 3. THE ASSISTANT ENGINEER (ELECTRICITY) VA.KA & PA UNIT-1, BESCOM, CHITRADURGA-577501 4. THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICITY) I.T. RATING, SUB DIVISION CHITRADURGA-577501 …RESPONDENTS [BY SRI H.V.DEVARAJU, ADV.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS PERATINING TO R.R. NO. P4142 STANDING IN THE NAME OF LANDLORD OF THE PETITIONER AND NOTICE DATED 13.05.2016, FINAL NOTICE DATED 04.06.2016, NOTICE DATED 18.06.2016 AND INTIMATION DATED 04.10.2017 ISSUED BY THE R-2 & 3 DIRECTING DISCONNECTION OF ELECTRICITY AND ALSO DEMANDING BACK BILLING CHARGES TO THE TUNE OF RS.6,97,890/- VIDE ANNEXURES-A, B, C AND D RESPECTIVELY AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the parties.
2. The petitioner has challenged the notices dated 13.05.2016, 04.06.2016, 18.06.2016 and intimation dated 04.10.2017 issued by respondent Nos.2 and 3 directing the disconnection of electricity to the installation R.R.No.P4142 standing in the name of the landlord of the petitioner and also demanding back billing charges to the tune of Rs.6,97,890/- vide Annexures – A, B, C and D respectively.
3. The learned counsel for the respondents would submit that pursuant to the interim orders passed by this Court on 16.10.2017, the petitioner has deposited 50% of the disputed demand of Rs.6,97,890/- as demanded vide Annexure – A, dated 13.05.2016 and is paying regular consumption charges. In view of the aforesaid, the petitioner may be directed to file objections to the notices at Annexures – A, B, C and D and the Assessing Officer shall take a decision in the matter after hearing the petitioner as contemplated under Section 126 of the Electricity Act, 2003.
4. The learned counsel for the petitioner has no objections for the said proposal.
5. Hence, this Court deems it appropriate to direct the petitioner to file reply/objections to the notices issued by the Assessing Officer at Annexures – A, B, C and D within a period of four weeks from the date of receipt of certified copy of the order and on such reply/objections filed by the petitioner, respondent No.2 shall consider the same in accordance with law and pass appropriate orders after providing an opportunity of hearing to the petitioner.
6. Till the decision to be taken by respondent No.2, the power supply restored to the petitioner shall be continued on payment of regular consumption charges. The amount of 50% of the disputed demand deposited by the petitioner shall be subject to the result of the decision to be taken by respondent No.2.
With the aforesaid observations and directions, these writ petitions stand disposed of.
Sd/- JUDGE PMR