1/6 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Dr.JUSTICE VINEET KOTHARI W.P.Nos.5957/2016 & 6050/2016 C/W W.P.No.35434/2016 (GM-KEB) W.P.Nos.5957/2016 & 6050/2016 BETWEEN M/s. SIDDARTH MINERALS No.7, 126/34, CHANNASANDRA RAJARAJESHWARINAGAR BENGALURU-560 098 REP. BY ITS MANAGING PARTNER.
(BY SMT SAVITHA T.H. ADVOCATE FOR SRI. MURALIDHAR H.M. ADVOCATE) ...PETITIONER AND 1. BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, (BESCOM) (WHOLLY OWNED BY GOVT. OF KARNATAKA UNDERTAKING) K.R. CIRCLE, Dr. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 REP. BY ITS MANAGING DIRECTOR.
2. THE ASST. EXECUTIVE ENGINEER (El.) W7-SUB DIVISION, BESCOM KENGERI, BENGALURU-560 060.
...RESPONDENTS (BY SRI G.C. SHANMUKHA, ADVOCATE FOR R1 & R2 SRI. RAJAGOPALA NAIDU, ADVOCATE FOR IMPLEADING APPLICANT) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DTD:25.11.2015 VIDE ANNEXURE-A & GRANT AN AD-INTERIM ORDER TO DIRECT THE R-2 TO RECONNECT THE ELECTRICITY TO THE PETITIONER’S PREMISES WHICH BEARS ELECTRICITY R.R.No.BS5LG68973 & BS5LG74529.
W.P.No.35434/2016 BETWEEN Mr. K. NARASIMHA S/O LATE K. KRISHNAMA NAIDU AGED ABOUT 53 YEARS R/AT. No.591, 4TH CROSS, BSK 1ST STAGE 2ND BLOCK, BENGALURU-50.
(BY SRI. RAJAGOPALA NAIDU, ADVOCATE) AND 1. M/s. SIDDARTH MINERALS A PARTNERSHIP CONCERN HAVING ITS REGISTERED OFFICE AT No.228 22ND CROSS, 6TH BLOCK, JAYANAGAR BENGALURU-560082 REPRESENTED BY ITS PARTNERS (a) Mr. R. GANGADHAR S/O LATE REVAIAH AGED ABOUT 41 YEARS.
(b) Mrs. S. GEETHA W/O R. GANGADHAR ...PETITIONER AGED ABOUT 34 YEARS R1(a) & R1(b) ARE RESIDING AT No.228 22ND CROSS, 6TH BLOCK JAYANAGAR, BENGALURU-560082.
(c) Mrs. R. JAYASHEELA D/O LATE REVAIAH AGED ABOUT 46 YEARS R/AT. No.22, 5TH CROSS BEHIND VEERANJANEYA TEMPLE ITTUMADU, BSK 3RD STAGE BENGALURU-560085.
2. THE ASSISTANT EXECUTIVE ENGINEER (E1) S-7, SUB-DIVISION, BESCOM KENGERI, BENGALURU-560 060.
3. THE ASSISTANT EXECUTIVE ENGINEER S-5, SUB-DIVISION, U2, ISRO LAYOUT BENGALURU-560 078 ...RESPONDENTS (BY SRI VIKRAM U, ADVOCATE FOR SRI. SRIRANGA, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT AN ORDER OF MANDATORY INJUNCTION DIRECTING THE R-2 & R-3 TO COLLECT THE AMOUNT COVERED IN THE BILL AS PER ANNEX-J DTD:1.6.2016 FROM THE R-1 WITHOUT INDEMNIFYING THE PETITIONER ANY MORE & ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER W.P.Nos.5957/2016 & 6050/2016 Mrs. Savitha T.H. Adv. for Mr. Muralidhar H.M. Adv.,Adv., for Petitioner Mr. G.C. Shanmukha, Adv. for R1 & R2 Mr. Rajagopala Naidu, Adv., for Impleading Applicant W.P.No.35434/2016 Sri Rajagopal Naidu, Adv. for Petitioner Mr. Vikram U, Adv., for Mr. Sriranga, Adv., for R2 & R3 W.P.Nos.5957/2016 and 6050/2016 are filed by the tenant and the connected W.P.No.35434/2016 is filed by the owner.
2. The petitioner-M/s.Siddarth Minerals, a tenant in the premises having electricity installation bearing R.R.No.BS5LG68973 w.e.f. 19.10.2015 has challenged the impugned provisional demand of Rs.3,58,594/- raised by Respondent No.2-Assistant Executive Engineer (El), BESCOM on 25.11.2015, to which the objections have been filed by the petitioner before the said Respondent No.2 vide Annexure-G on 04.01.2016.
3. Without awaiting the decision of the said objections by the concerned Authority, the petitioner has approached this Court by filing these petitions.
4. Having heard both counsels at Bar, this Court is of the opinion that the present writ petition is premature and Respondent No.2-Assistant Executive Engineer (El) should be allowed to first decide the objections raised by the petitioner upon inspection of the said premises vide Annexure-A dated 25.11.2015.
5. The parties may appear before Respondent No.2-Assistant Executive Engineer (El) in the first instance on 13.11.2017 at 11.00 A.M. and after considering their objections and relevant evidence, the said Authority shall pass appropriate speaking orders within a period of three weeks’ thereafter.
The petitions are disposed of accordingly. I.A.No.2/16 filed for impleading also stands disposed of accordingly.
Sd/- JUDGE TL