IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.29512/2019 (GM – KEB) BETWEEN:
Mr. JAYANNA B., S/O LATE SONNAPPA, AGED ABOUT 70 YEARS HOOVINA APPANNA BEEDI, CHIKKABALLAPURA TOWN, CHIKKABALLAPURA DISTRICT-562101 ... PETITIONER [BY SRI BALAJI RAGHUNATHAN, ADV.] AND:
1 . THE BENGALURU ELECTRICITY SUPPLY COMPANY LTD., KAVERI BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560009 REP BY ITS MANAGING DIRECTOR 2 . THE EXEUCITIVE ENGINEER (ELECTRICAL) BESCOM, THE BENGALURU ELECTRICITY SUPPLY COMPANY LTD., CHIKKABALLAPURA-562101 3 . THE ASSISTANT EXEUCITIVE ENGINEER EXECUTIVE AND IMPLEMENTATION, CITY SUB DIVISION, THE BENGALURU ELECTRICITY SUPPLY COMPANY LTD., CHIKKABALLAPURA-562101 …RESPONDENTS [BY SRI H.V.DEVARAJU, ADV.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 – ASSISTANT EXECUTIVE ENGINEER TO PROVIDE ELECTRICITY SERVICE TO THE PETITIONER’S PROPERTY AS PER THE OFFICIAL MEMORANDUM DATED 26.06.2019 AT ANNEXURE-C ISSUED BY R-2 – EXECUTIVE ENGINEER, BESCOM.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for the following relief/s:-
“issue a direction in the nature of writ of mandamus by directing the respondent No.3 – Assistant Executive Engineer to provide Electricity Service to the petitioner’s property as per the Official Memorandum dated 26.06.2019 in Ref. No.EEE/AEE[O]/AET – 2/CBP/2019-20/2144-46 at Annexure – ‘C’ issued by respondent No.2 – Executive Engineer, BESCOM.”
2. The petitioner is claiming to be the absolute owner in possession of the property bearing Sy.Nos.122, 123 and 124 of Kandawara village, [Agalagurki Gate], B.B. Road, Chikkaballapura, wherein a building is said to have been constructed.
3. It is the grievance of the petitioner that despite the sanction order dated 15.06.2019 at Annexure – A to the writ petition, no electricity services has been provided to the petitioner’s property as per Annexure – C – the Official Memorandum dated 26.06.2019 issued by respondent No.2 – Executive Engineer (Elec), BESCOM.
4. Learned counsel for the respondents would submit that the sanction order was made subject to certain conditions. One of the conditions was to submit the Occupancy Certificate as per Clause 8.11 of the Condition of Supply of Electricity of Distribution licenses in the State of Karnataka. The said condition not having complied with, no power supply has been provided to the petitioner’s property.
5. It is the contention of the learned counsel for the petitioner that all the conditions stipulated in the sanction order have been complied with except the production of the Occupancy Certificate which indeed was not insisted by respondent – Authorities. However, there is no objections in submitting the Occupancy Certificate, if insisted.
6. In view of the aforesaid, respondent – Authorities are directed to provide electricity services to the petitioner’s property as per the Official Memorandum dated 26.06.2019 at Annexure – C subject to compliance of the conditions stipulated therein in an expedite manner.
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR