IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.53444/2018 (GM – KEB) BETWEEN:
MANJUNATHA GUPTA S/O CHINNANARASIMHA SHETTI, AGED ABOUT 62 YEARS, R/O SUBRAMANYANAGAR EXTN., SBM ROAD, TURUVEKERE-572227 TUMKURU DISTRICT. ... PETITIONER [BY SRI KALEEMULLAH SHARIFF, ADV.] AND:
THE ASST. EXECUTIVE ENGINEER BESCOM, TURUVEKERE-572 227.
TUMAKURU DISTRICT …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND DIRECT TO THE RESPONDENT NOT TO INSTALL ELECTRIC POLES AND DRAW ELECTRIC WIRES IN THE LAND OF THE PETITIONER BEARING SY.NO.88/8 SITUATED AT TURUVEKERE KASABA, TURUVEKERE TALUK BY ISSUING WIRT OF MANDAMUS THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a direction to the respondent not to install electric poles and draw electric wires in the land of the petitioner bearing Sy.No.88/8 situated at Turuvekere Kasaba, Turuvekere Taluk, by issuing writ of mandamus.
2. The prayer sought by the petitioner on the basis of the title said to have been acquired by him as the purchaser of the property in question through a registered sale deed dated 31.07.1985 executed by his vendor Sri.Huchaiah S/o Kempaiah is in the nature of injunction. Moreover the factual aspects involved in this writ petition requires to be established in the Trial Court. Hence, the writ petition is not maintainable.
Accordingly, Writ Petition stands dismissed with liberty to the petitioner to resort to appropriate proceedings in accordance with law.
All rights and contentions of the parties are left open.
Sd/- JUDGE NC.