IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.29495/2019 (GM – KEB) BETWEEN:
SMT.LUVIJA FERNANDIS W/O JOHN FERNANDIS, AGED ABOUT 67 YEARS, R/AT No.9 (SY.NO.80) SANGALA, KASABA HOBLI SAGAR TALUK, SHIMOGGA DISTRICT - 577 402. …PETITIONER (BY SRI GANAPATHI, ADV.) AND:
1. THE SUPERINTENDING ENGINEER ELECL., MANGALORE ELECTRICITY SUPPLY COMPANY LTD., SHIMOGA CIRCLE, SHIMOGA - 577 201.
2. THE ASSISTANT EXECUTIVE ENGINEER, ELECL., O & M SUB-DIVISION, SAGAR TALUK, SAGAR, SHIMOGA DISTRICT- 577 401. …RESPONDENTS (BY SMT.M.C.NAGASHREE, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.08.2018 ANNEXURE-E ISSUED BY THE R-2, CONSEQUENTLY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Smt.M.C.Nagashree accepts notice for the respondents.
2. The petitioner has challenged the order dated 21.08.2018 issued by the respondent No.2 inter alia seeking a direction to the respondents to provide regular electricity connection to the petitioner’s premises in accordance with law.
3. The petitioner is claiming to be the owner of the property in Sy.No.80 to the extent of 3 acres 28 guntas situated at Sangala village, Kasaba Hobli, Sagar Taluk. It is submitted that the said land has been converted into non-agricultural purpose as per the order dated 26.02.2012 passed by the Competent Authority and the layout plan has been approved by the Urban and Rural Planning Authority. The respondent has provided the temporary electricity connections to the subject property. On the request made by the petitioner to provide the permanent electricity connections to the subject property where the residential building has been constructed, the respondent No.2 has rejected the same on the ground that the land developer has not provided basic amenities like sanitary, water and underground drainage. Being aggrieved by the same, the petitioner is before this Court.
4. Learned counsel Sri.Ganapathi appearing for the petitioner placing reliance on the order of this Court in W.P.Nos.31133-135/2014 [D.D 30.10.2014], submitted that the petitioner herein being similarly placed, is entitled to the similar relief.
5. Learned counsel Smt.M.C.Nagashree appearing for the respondents does not dispute the same.
6. In view of the aforesaid more particularly, the subject matter of this writ petition relating to the Regulation 3.2.3 of the Conditions of Supply of Electricity of Distribution Licensees in the State of Karnataka, the writ petition requires to be disposed of in terms of W.P.Nos.31133 – 31135/2014. Hence, the following:
ORDER Annexure-E is quashed.
The respondent is directed to re-consider the representation of the petitioner dated 26.06.2018 and take steps to supply the electricity to the premises in question in accordance with Regulation 3.2.3 of the Conditions of Supply of Electricity of Distribution Licensees in the State of Karnataka within a period of three months from today, subject to the compliance of any obligation in terms of the said Regulations.
Writ petition stands disposed of accordingly.
Sd/- JUDGE NC.