IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50292/2018 (GM – KEB) BETWEEN:
M.V.SURYANARAYANARAO S/O LATE M.VEERANANYA AGED ABOUT 73 YEARS VASHISTA, NO.24 SAPTAGIRI WEST TUMKUR-572 101 ... PETITIONER [BY SRI K.CHANDRANATH ARIGA, ADV.] AND:
1. ASST. EXECUTIVE ENG. (ELECTRICAL) GRAMINA SUB-DIVISION NO.2 BESCOM, HORAPETE TUMKUR-572 101 2. TAHASHILDAR TUMKUR TALUK TUMKUR-572 101 …RESPONDENTS [BY SRI H.V.DEVARAJU, ADV. FOR R-1; SMT.M.JYOTHI, AGA FOR R-2.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 23.03.2018 ISSUED BY R-1 VIDE ANNEXURE-F.
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 endorsement dated 23.03.2018 issued by respondent No.1, inter alia, seeking a direction to respondent No.2 to issue borewell certificate (water right certificate) to the petitioner with regard to Sy.No.36 of Mallasandra Olagere Kaval Village, Tumkur District.
2. The petitioner is claiming to be an agriculturist who has sunk a borewell in his land for irrigation purpose. The petitioner approached respondent No.1 for supply of electricity to the borewell along with the application enclosing the copy of the RTC of the land. Respondent No.1 rejected the request of the petitioner by issuing an endorsement dated 23.03.2018 at Annexure – F. Hence, this writ petition.
3. It is obligatory for the applicant to submit the application to seek power for the irrigation pump sets along with water right certificate or khata certificate or Record of Rights (Geni and Pahani Patrike) from the competent authority i.e., Village Accountant of the Revenue Department of the concerned area, to establish his right to draw water from the water source and furnish his permanent residential address in terms of condition 6.02 of the Conditions of Supply of Electricity of Distribution Licences in the State of Karnataka.
4. It is not in dispute that the petitioner has submitted the application along with the RTC extract and the spot inspection is also conducted by the Assistant Commissioner, Tumkur, which evinces that the petitioner is in possession of the land in question, has sunk the borewell and installation of the pump set is necessary to draw the water. If that being the position, it is incumbent on respondent No.2 to issue ‘water right certificate’. Indeed the same may not be mandatory requirement in view of the record of rights furnished. However, to complete the proceedings with regard to the installation of pump sets in the land in question, respondent No.2 shall issue the said certificate within a period of two weeks from the date of receipt of the certified copy of the order and pursuant to which, respondent No.1 shall supply the power to irrigation pump set to the borewell sunk in the land in question in an expedite manner, in any event, not later than four weeks from the date of receipt of ‘water right certificate’ issued by the competent authority.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE PMR