IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.46112/2018 (GM – KEB) BETWEEN:
SRI J.SRINIVASAN S/O SRI K.S.JAMBULINGAM AGED ABOUT 64 YEARS, R/AT NO.305, VAASTU PLEASANT, SHIRDI SAI BABA TEMPLE ROAD, KUNDALAHALLI GATE, MARTHAHALLI, BANGALORE-560037 ... PETITIONER [BY SMT.SUCHETA MAJUMDER, ADV.] AND:
1. BANGALORE ELECTRICITY SUPPLY COMPANY REP. BY ITS CHAIRMAN, CORPORATE OFFICE AT CUBBON PARK ROAD, NEAR VIDHANA SOUDHA, K.R.CIRCLE, BENGALURU-560001 2. STATE OF KARNATAKA REP BY ADDL. CHIEF SECRETARY, VIKASA SOUDHA, BANGALORE-560001 3. SUPERINTENDENT ENGINEER BENGALURU CIRCLE, BESCOM NO.E-10, SUB DIVISION, BENNIGANAHALLI, PAI LAYOUT, BENGALURU-560016 4. ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) BESCOM NO.E-10 SUB-DIVISION, BENNIGANAHALLI, PAI LAYOUT, BENGALURU-560016 5. CHIEF EXECUTIVE ENGINEER (ELECTRICAL) BESCOM NO.E-10 SUB-DIVISION, BENNIGANAHALLI, PAI LAYOUT, BENGALURU-560016 6. SRI CHANDRA SHEKAR S/O Mr. BALA, AGED ABOUT 32 YEARS, R/AT NO.10/A, SHANTHI NIVAS, 5TH CROSS, ANANTHRAM LAYOUT, LINGARAJAPURAM, St. THOMAS TOWN POST, BANGALORE-560084 …RESPONDENTS [BY SRI H.DEVARAJU, ADV. FOR R-1; SMT.JYOTHI M., AGA FOR R-2 TO R-5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO REMOVE THE ELECTRIC METER BEARING NO.10ELG15790, S.NO.39819381 IN FAVOUR OF R-6 i.e., SCHEDULE PROPERTY CONTRARY TO THE PERMISSION GRANTED BY THE R-4 AND R-5 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Sri.H.Devaraju accepts notice for respondent No.1.
2. Learned Additional Government Advocate accepts notice for respondent Nos.2 to 5.
3. The petitioner has sought for a writ in the nature of mandamus directing the official respondents to remove the electric meter bearing No.10ELG15790 and S.No.39819381 standing in the name of respondent No.6 and to initiate action and enquiry against all the persons who have permitted to install the electric meter in favour of respondent No.6.
4. The petitioner is claiming to be the absolute owner in possession and enjoyment of property bearing site No.34, formed out of Sy.No.12/2 at Ward No.81, Nagappa Reddy Layout, Kaggadaspura, Krishna Rajapuram Hobli, Bengaluru East Taluk, acquired through the registered sale deed dated 26.06.1991 from his vendor Smt.Eramma.
5. It is the grievance of the petitioner that the respondent No.6 – Mr.Chandrashekar, a mere trespasser who is trying to grab the property in question, has obtained the power connection from the official respondents. After obtaining the electric meter connection, respondent No.6 is trying to establish his title to the property in question. O.S.No.4613/2018 has been filed by him before the City Civil Court at Bengaluru. The representations made by the petitioner to the respondents to remove the electric meter/power connection given in favour of the respondent No.6 has not yielded any results. Hence, this writ petition.
6. The factual matrix of the case as stated aforesaid clearly establishes that it is the interse dispute between the parties relating to the property in question. It is apparent that O.S.No.4613/2018 is already pending before the competent Civil Court. In such view of the matter, reliefs claimed by the petitioner to establish his right, title and interest to the property is inconceivable. The official respondents/authorities cannot be considered as tools to fight the litigation related to the property dispute.
The writ petition is misconceived and accordingly stands dismissed.
Sd/- JUDGE NC.