IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.9468/2019 (GM – KEB) BETWEEN:
SMT.LALITHA KESHAV MURTHY.K W/O K.R.KESHAV MURTHY AGED ABOUT 49 YEARS R/AT HADIGE VILLAGE AND POST HANABAL HOBLI SAKALESHPUR TALUK HASAN DISTRICT. …PETITIONER (BY SRI K.R.KRISHNA MURTHY, ADV. FOR SRI KAMAL, ADV.) AND:
1. CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LTD., [CHESCOM] SAKALESHPURA SUB DIVISION SAKALESHPURA-573134 HASSAN DISTRICT REP. BY ITS ASSISTANT EXECUTIVE ENGINEER [ELECL] 2. THE ASSISTANT EXECUTIVE ENGINEER [ELECL] CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LTD [CHESCOM] SAKALESHPURA SUB DIVISION SAKALESHPURA-673134 HASSAN DISTRICT. …RESPONDENTS (BY SRI H.V.DEVARAJU, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE DEMAND MADE IN THE BILL No.10130 DATED 05.01.2019 FOR A SUM OF RS.1,92,556/- [RUPEES ONE LAKH NINETY TWO THOUSAND FIVE HUNDERD AND FIFTY SIX ONLY] ISSUED BY THE RESPONDENT No.2 AT ANNEXURE-D; 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 challenged the demand made in the Bill No.10130 dated 05.01.2019 for a sum of Rs.1,92,556/- [Rupees One Lakh Ninety Two Thousand Five Hundred and Fifty Six Only], issued by the respondent No.2 inter alia seeking a direction to the respondents to provide concession/exemption to the petitioner as per Tariff Schedule LT4C of the Chamundeshwari Electricity Supply Company Limited [CHESCOM] Rules.
2. The petitioner is claiming to be the absolute owner of the land bearing Sy.No.110/2 measuring 4 acres 36 guntas. The petitioner has obtained electricity connection for carrying out agricultural activities vide Installation No.LT4C[1] bearing R.R.No.HDIP1656/1410-10. It is submitted that the respondent has issued the demand impugned applying tariff LT-4[c]. It is the grievance of the petitioner that the explanation put-forth by him has not been considered.
3. It is the specific case of the petitioner that the power supply is used for agricultural purposes and the LT-4[c][1] is applicable. It is submitted that the petitioner is entitled to concession/exemption under the CHESCOM Rules.
4. In the facts and circumstances of the case, this Court deems it appropriate to direct the petitioner to consider the demand/bill No.10130 dated 05.01.2019 impugned herein, as a show cause notice since no reasons are assigned for quantifying the bill amount and no request of the petitioner to fix the consumption charges in terms of the LT-4[c][1] is addressed.
5. Hence, the petitioner is permitted to put- forth the explanation/reply to the demand bill dated 05.01.2019 at Annexure-D within a period of two weeks from the date of receipt of certified copy of the order. On submission of such reply/explanation, the respondent No.1 shall consider the same and take a decision in accordance with law in an expedite manner. All rights and contentions of the parties are left open. Till a decision is taken by the respondent No.1, no recovery proceedings shall be proceeded with, in furtherance of the demand bill impugned at Annexure-D.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.