IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.51574/2018 (GM - KEB) BETWEEN:
SMT. JYOTHI KUPPAIAH W/O SRIKANTHA LINGALA REDDY AGAED ABOUT 42 YEARS R/AT : No.7, 5TH A MAIN ROAD OBBALLAPPA GARDEN BENGALURU – 560 082.
REPTD., BY ITS GPA HOLDER SMT. DHANALAKSHMI W/O RAJASHEKAR AGED ABOUT 58 YEARS R/AT No.13, 1ST CROSS APPANNA LAYOUT KONNAKUNTE BENGALURU – 560 062 ... PETITIONER [BY SRI ANAND BEERANNAVAR, ADV.,) AND:
1. THE ASST. EXECUTIVE ENGINEER (ELE) THE BESCOM S-6, SUB DIVISION J.P. NAGAR, BENGALURU – 560 078 2. THE ASST. ENGINEER (ELE) O & M THE BESCOM No.4, S-6, SUB DIVISION J.P. NAGAR, BENGALURU – 560 078.
…RESPONDENTS [BY SRI. H. V. DEVARAJU, ADV., ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED LETTER DATED 28.2.2018 AT ANNEXURE – F ISSUED BY R-1 AND ETC., 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 reliefs:-
a) To quash the impugned letter dated 28/02/2018 bearing No. AEE(E1) / S6 / AAO / 49690 at ANNEXURE – F issued by the 1st respondent.
b) To restore the electric supply to the petitioner’s schedule property as per the letter dated 16/01/2018 at ANNEXURE – E.
c) To issue writ of mandamus against the respondent directing them to consider the application dated 23/05/2019 bearing request No.587307713102 marked as ANNEXURE – J.
2. Learned counsel for the petitioner has not pressed prayers (a) and (b). The writ petition is confined only to prayer (c).
3. The petitioner claims to be the absolute owner of the property bearing Katha No.177/3, presently BBMP Serial No.625 carved out of converted Sy.No.24, situated at Konanakunte village, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru, acquired by the petitioner through the registered sale deed dated 11.08.2016 from the vendor Smt. B.L. Rajeshwari. It is submitted that the petitioner intended to construct a residential house in the property purchased and hence applied for the temporary electrical supply from the respondents which was granted initially and subsequently the same was disconnected in view of O.S.No.6286/2007 filed by one Sri. Krishnappa before the competent Civil Court seeking for family partition wherein the property in question was also subject matter of the said suit schedule property. It is submitted that MFA No.4373/2017 was filed by the plaintiff – Sri. Krishnappa against his family members and some of the purchasers and in view of the status-
quo order passed by this Court, the respondent – Authorities have disconnected the power supply. However, an interim order has been passed by this Court on 21.12.2018 wherein it has been clarified that the relief sought for in I.A.No.1/2017 in pending M.F.A.No.4373/2017 is to pass an ad-interim order of temporary injunction to restrain respondent Nos.3 to 26 therein from changing the nature of the schedule property, which in no way can be construed as an order or direction by this Court requiring the authority to act in the manner it has done so now.
4. It is the grievance of the petitioner that despite the said interim order passed by this Court, the temporary connection was not extended by the respondent – Authorities. However, the petitioner has now filed an application seeking for permanent power supply connection and the same having not responded to, the petitioner is seeking for a direction to the respondents to consider the application in accordance with law and to extend the power supply to the premises in question.
5. Having regard to the facts and circumstances of the case, this Court is of the considered view that the interest of justice would be sub-served in directing the respondents to consider the application dated 23.05.2019 submitted by the petitioner for the permanent power supply to the premises in question and take a decision in accordance with law in an expedite manner, in any event, not later than four weeks from the date of receipt of certified copy of the order. Ordered accordingly.
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR