IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.9217/2018 (GM – KEB) C/w. WRIT PETITION Nos.3284/2018, 53020/2017, 56150/2017 & 58572/2017 [LB – RES] IN W.P.No.9217/2018:
BETWEEN:
1. MANJUNATHA RAO.M.K. S/O M.G. KRISHNAMURTHY AGED ABOUT 51 YEARS 2. SHAMALA M. RAO W/O. MANJUNATHA RAO.M.K., AGED ABOUT 50 YEARS BOTH ARE R/AT SADANJANA VINAYAKANAGARA EXTENSION FORT, CHIKKAMAGALURU-577101. …PETITIONERS (BY SRI SANDESH.C.R., ADV.) AND:
1. THE STATE OF KARNATAKA HOUSING & URBAN PLANNING DEPARTMENT VIDHANA SOUDHA BANGALORE-560001.
2. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE OFFICE OF THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577101.
3. CHIKKAMAGALUR NAGARASABHE REP. BY ITS COMMISSIONER OFFICE OF THE CHIKKAMAGALURU NAGARASABHE CHIKKAMAGALURU-577101.
4. THE EXECUTIVE ENGINEER CITY SUB-DIVISION MESCOM, CHIKKAMAGALURU-577101.
5. THE ASST. EXECUTIVE ENGINEER TA&QC, O&M CIRCLE, MESCOM CHIKKAMAGALURU-577101. …RESPONDENTS (BY SMT.NILOUFER AKBAR, AGA. FOR R-1 & R-2; SRI A.NAGARAJAPPA, ADV. FOR R-3;
SRI H.V.DEVARAJU, ADV. FOR R-4 & R-5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 13.10.2016 ISSUED BY THE 2ND RESPONDENT THAT IS THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, OFFICE OF THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT TO THE EXECUTIVE ENGINEER, CITY-SUB-DIVISION, MESCOM, CHIKKAMAGALUR TO DISCONNECT THE ELECTRICITY SUPPLY OF PETITIONERS BUILDING AS PER ANNEXURE-D; AND ETC., IN W.P.No.3284/2018:
BETWEEN:
SRI B.M.VENKATESH S/O B.M.MOGANNA AGED ABOUT 44 YEARS PROP. NISARGA LODGING BELUR ROAD CHIKKAMAGALURU-577101. …PETITIONER (BY SRI K.S.GANESHA, ADV.) AND:
1. THE STATE OF KARNATAKA HOUSING & URBAN PLANNING DEPARTMENT VIDHANA SOUDHA, BANGALORE-560001 REP. BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577101.
3. CITY MUNICIPAL COUNCIL CHIKKAMAGALURU DISTRICT BY ITS COMMISSIONER CHIKKAMAGALURU-577101.
4. THE EXECUTIVE ENGINEER MESCOM, CHIKKAMAGALURU-577101.
5. THE ASSISTANT EXECUTIVE ENGINEER CITY SUB-DIVISION, MESCOM CHIKKAMAGALURU-577101. …RESPONDENTS (BY SMT.NILOUFER AKBAR, AGA. FOR R-1 & R-2; SRI A.NAGARAJAPPA, ADV. FOR R-3;
SRI H.V.DEVARAJU, ADV. FOR R-4 & R-5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER DATED 13.10.2016 ANNEXURE-B ISSUED BY RESPONDENT No.2 AND LETTER DATED 28.03.2017 – ANNEXURE-C ISSUED BY RESPONDENT No.3; AND ETC., IN W.P.No.53020/2017:
BETWEEN:
SRI M.GOVINDARAJU S/O MUNIYAPPA AGED ABOUT 53 YEARS R/AT No.45, 2ND MAIN ROAD KAVALABYRASANDRA BENGALURU-560032. …PETITIONER (BY SRI SATISH M. DODDAMANI, ADV.) AND:
1. THE STATE OF KARNATAKA HOUSING & URBAN PLANNING DEPARTMENT VIDHANA SOUDHA, BANGALORE-560001 REP. BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE OFFICE OF THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577101.
3. CHIKKAMAGALUR NAGARASABHE REP. BY ITS COMMISSIONER OFFICE OF THE CHIKKAMAGALURU NAGARASABHE CHIKKAMAGALURU-577101.
4. THE EXECUTIVE ENGINEER CITY SUB-DIVISION MESCOM, CHIKKAMAGALURU-577101.
5. THE ASST. EXECUTIVE ENGINEER MESCOM CHIKKAMAGALURU-577101. …RESPONDENTS (BY SMT.NILOUFER AKBAR, AGA. FOR R-1 & R-2; SRI A.NAGARAJAPPA, ADV. FOR R-3;
SRI H.V.DEVARAJU, ADV. FOR R-4 & R-5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER/LETTER DATED 13.10.2016 PASSED BY THE RESPONDENT No.2 VIDE ANNEXURE-C AS WELL AS THE LETTER/ORDER PASSED BY THE CITY MUNICIPAL COUNCIL, CHIKKAMAGALURU, DATED 08.10.2016 PASSED BY THE RESPONDENT No.3 VIDE ANNEXURE-D; AND ETC., IN W.P.No.56150/2017: BETWEEN: SMT.PRIYADARSHINI.C., W/O SRI PARAMESHWARA.P., AGED ABOUT 32 YEARS R/AT SRI MATHRUPRABHA MACHIDEVA MARG KALYANANAGAR BY PASS ROAD CHIKKAMAGALURU TOWN. …PETITIONER (BY SRI SANDESH.C.R., ADV.) AND:
1. THE STATE OF KARNATAKA HOUSING & URBAN PLANNING DEPARTMENT M.S. BUILDING, BANGALORE-560001 REP. BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577101.
3. CHIKKAMAGALUR NAGARASABHE REP. BY ITS COMMISSIONER OFFICE OF THE CHIKKAMAGALURU NAGARASABHE CHIKKAMAGALURU-577101.
4. THE SUPERINTENDING ENGINEER MESCOM, CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577101.
5. THE EXECUTIVE ENGINEER CITY SUB-DIVISION MESCOM, CHIKKAMAGALURU-577101.
6. THE ASST. EXECUTIVE ENGINEER MESCOM CHIKKAMAGALURU-577101. …RESPONDENTS (BY SMT.NILOUFER AKBAR, AGA. FOR R-1 & R-2; SRI A.NAGARAJAPPA, ADV. FOR R-3;
SRI H.V.DEVARAJU, ADV. FOR R-5 & R-6.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER/LETTER DATED 13.10.2016 PASSED BY THE RESPONDENT No.2 AT ANNEXURE-D ONLY IN SO FAR AS IT RELATES TO THE PETITIONER; AND ETC., IN W.P.No.58572/2017:
BETWEEN:
Dr.SHIVAKUMAR.U.S., S/O LATE U.SRIKANTHAPPA AGED ABOUT 50 YEARS R/AT “AASTHA”
SRI LAKSHMI MEDICARE MARKET ROAD CHIKKAMAGALUR-573201. …PETITIONER (BY SRI SANDESH.C.R., ADV.) AND:
1. THE STATE OF KARNATAKA HOUSING & URBAN PLANNING DEPARTMENT VIDHANA SOUDHA BANGALORE-560001.
2. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE OFFICE OF THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577101.
3. CHIKKAMAGALUR NAGARASABHE REP. BY ITS COMMISSIONER OFFICE OF THE CHIKKAMAGALURU NAGARASABHE CHIKKAMAGALURU-577101.
4. THE EXECUTIVE ENGINEER CITY SUB-DIVISION MESCOM, CHIKKAMAGALURU-577101.
5. THE ASST. EXECUTIVE ENGINEER TA&QC, O&M CIRCLE, MESCOM CHIKKAMAGALURU-577101. …RESPONDENTS (BY SMT.NILUFER AKBAR, AGA. FOR R-1 & R-2; SRI A.NAGARAJAPPA, ADV. FOR R-3;
SRI H.V.DEVARAJU, ADV. FOR R-4 & R-5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO GIVE POWER CONNECTION AS PER THE RECOMMENDATION OF THE EXECUTIVE ENGINEER TO THE IN RESPECT OF THE BUILDING BEARING MUNICIPAL No.5660/4187 [OLD No.628: 3/1783/1780/1494] SITUATED AT MARKET ROAD CHIKKAMAGALUR TOWN BY CONSIDERING THE REPRESENTATION DATED 21.12.2017 AT ANNEXURE-H; AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R These petitions involving similar and akin issues, have been heard together and are disposed of by this common order.
2. The petitioners being aggrieved by the disconnection of the power supply to their respective premises, on the instructions issued by the second respondent – Deputy Commissioner and District Magistrate, Chikkmagalur to [i] the Executive Engineer and [ii] the Assistant Executive Engineer, City-Sub- Division, MESCOM, Chikkmagalur, are before this Court.
3. Learned counsel for the respondent Nos.4 and 5 would submit that the power supply has been restored to the respective premises of the petitioners, pursuant to the interim orders passed by this Court subject to payment of consumption charges regularly by the petitioners.
4. In view of the restoration of the power supply to the properties in question, the grievance of the petitioners is redressed. The Competent Authority – respondent No.3 is at liberty to proceed in accordance with law for any violation of the Sanction Plan/Building License/Unauthorized Construction.
Reserving such liberty to the respondent No.3, writ petitions stand disposed of.
Sd/- JUDGE NC.