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.58214/2018 (GM – KEB) BETWEEN:
SRI JAYANNA.S S/O LATE SONAPPA AGED 70 YEARS R/AT HOOVINA APPANNA BEEDI CHICKBALLAPURA TOWN CHICKBALLAPURA T1 & DIST.-562101. …PETITIONER (BY SRI JAI PRAKASH REDDY.M., ADV.) AND:
1. THE BENGALURU ELECTRICITY SUPPLY COMPANY LTD., KAVERI BHAVAN, K.G. ROAD BENGALURU-560009 BY ITS MANAGING DIRECTOR.
2. THE BENGALURU ELECTRICITY SUPPLY COMPANY LTD., BY ASSISTANT EXECUTIVE ENGINEER EXECUTIVE AND IMPLEMENTATION CITY SUB DIVISION CHICKBALLAPUR-562101. …RESPONDENTS (BY SRI H.V.DEVARAJU, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 20.12.2018 VIDE ANNEXURE-E PASSED BY THE RESPONDENT No.2; DIRECT THE RESPONDENT No.2 TO ACCEPT THE REPLY DATED 26.12.2018 VIDE ANNEXURE-F SUBMITTED BY PETITIONER.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has assailed the notice dated 20.12.2018 issued by the respondent No.2 inter alia seeking a direction to the respondent No.2 to accept the reply dated 26.12.2018 submitted by the petitioner.
2. The petitioner is claiming to be an agriculturist and his father is said to have purchased the land bearing Sy.No.122 measuring 0.29 guntas situated at Kandavara Village, Nandi Hobli, Chickballapur Taluk & District by a registered sale deed dated 26.03.1956. It is the contention of the petitioner that the petitioner has constructed a commercial building by borrowing loans from the banks and from private parties in the said land after conversion of the said land for non-agricultural purpose. The CMC, Chickballapur has issued notice calling upon the petitioner to demolish the building on the ground that no plan is sanctioned by CMC, Chickballapur, against which the petitioner filed W.P.No.56312/2018 which is pending before this Court. In the said proceedings, the order dated 18.12.2018 passed by the CMC Chickballapur has been stayed by this Court. The respondent No.2 has issued the show cause notice threatening the petitioner to disconnect the power supply. The petitioner has submitted detailed objections to the same. But without considering the same, the respondents are proceeding to disconnect the power supply to the building in question.
3. Having heard the learned counsel for the parties and perusing the material on record, this Court is of the considered opinion that the ends of justice would be sub-served in directing the respondent No.2 to consider the reply/objections submitted by the petitioner and take a decision in accordance with law after providing an opportunity of hearing to the petitioner, in an expedite manner in any event not later than twelve weeks from the date of receipt of the certified copy of the order and is ordered accordingly.
Till the decision to be taken by the respondent No.2, the power supply shall be continued/restored to the building in question, subject to the petitioner depositing the consumption charges in advance as required under Condition 12 of the Conditions of Supply of Electricity Distribution Licensees in the State of Karnataka.
With the aforesaid observations and directions, writ petition stands disposed of.
In view of disposal of the writ petition, all the pending I.As stand disposed of.
Sd/- JUDGE NC.