1/3 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 29th DAY OF AUGUST 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.3145/2017 (GM-KEB) BETWEEN:
KUMARI. M. SHUBHA, D/O LATE MALLESHAPPA, AGED ABOUT 37 YEARS, R/AT NO.231, 2ND MAIN ROAD, 2ND CROSS, BANASHANKARI 3RD STAGE, BENGALURU-560 085.
(BY SRI. PUNDIKAI ISHWARA BHAT, ADV.) AND:
…PETITIONER 1. THE ASSISTANT EXECUTVE ENGINEER. S-9 SUB-DIVISION, BESCOM, BENGALURU-560 085.
2. THE ASSISTANT ENGINEER. O & M-2, S-9 SUB-DIVISION, BESCOM, BENGALURU-560 085.
…RESPONDENTS (BY SRI. PAVAN SAGAR FOR SRI. P. PRASANNA KUMAR, ADVOCATES FOR R-1 & R-2; BY SRI. V.B. SHIVAKUMAR, ADV. FOR IMPLEADING APPLICANT IN IA 1/17) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.01.2017 PASSED BY THE R-1 VIDE ANNEXURE-A.
THIS W.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Pundikai Ishwara Bhat, Adv. for Petitioner Mr. Pavan Sagar for P. Prasanna Kumar, Advocates for Respondents Mr. V.B. Shivakumar, Adv. for impleading applicant in IA 1/17 1. The petitioner is aggrieved by Annexure-“A” the order dated 11.1.2017 passed by the Assistant Executive Engineer(Ele.,), S9-Sub division, BESCOM, Bengaluru, who ordered permanent dis-connection of power supply under installation bearing R.R.No.S9LG32030 at the residential house of the petitioner on the alleged complaint of one Preethi Shankar, raising a dispute about the site number being 292 or 3216.
2. Having heard the learned counsels, this Court is of the opinion that it is not within the jurisdiction of the Assistant Executive Engineer to decide the question of title and the relevant Rules of the respondent-BESCOM provides for installation and power supply to be granted to a person who is ‘owner or occupier’ of the place in question. The respondent- authority is supposed to have released the power connection only after verifying these facts at the time of giving of power supply. At a later stage, on the complaint of a third party, the said power supply cannot be disconnected. Therefore, the impugned order at Annexure-A dated 11.01.2017 is liable to be quashed.
3. The petition is accordingly allowed. The impugned order Annexure-“A” dated 11.01.2017 is quashed. No orders as to costs.
4. I.A.No.1/2017 is also disposed of accordingly.
*alb/-.
Sd/- JUDGE