1/5 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.56387/2017 (GM-KEB) Between:
Sri. Kannaiah S/o Late Ayyaswamy Aged about 59 years R/at. Sy.No.40 Yerramarenahalli Village Kethenahalli Post Mandikal Hobli Chikkaballapura Taluk & District-562101.
(By Mr. M. Shivaprakash, Advocate) And:
…Petitioner 1. The Executive Engineer Bangalore Electricity Supply Company Ltd., Chikkaballapur-562101.
2. The Asst. Executive Engineer (V) Commercial and Sub-Divisional Office Bangalore Electricity Supply Company Ltd Chikkaballapura – 562101.
…. Respondents **** This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to calls for the entire records in respect of communication issued in No.AWE(V)/C&S/TownCB.pur/2017-18/1539 dated 15/9/2017 from the Office the Respondent No.2 & et., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
O R D E R Mr. M. Shivaprakash, Advocate for Petitioner 1. The petitioner, Sri. Kannaiah S/o. Late Ayyaswamy has approached this Court against the apprehended power disconnection by the Respondent - BESCOM in pursuance of the Notice Annexure L dated 15/09/2017 given by the Assistant Executive Engineer (E) W.Ka and Pa.Nagara sub-division, BESCOM, Chikkaballapur, though the petitioner has given his reply to the said Show Cause Notice, vide Annexure M on 21/09/2017.
2. The learned counsel for the petitioner has submitted before the Court that the land in question of Sy.No.40 was duly granted to the petitioner by the concerned Revenue Department of the State, whereas the Respondent BESCOM has referred to Sy.Nos.38, 39, and 41 under the said impugned notice. Though the position was clarified to him by the reply to notice given through the Advocate of the petitioner vide Annexure M dated 21/09/2017, the Respondent BESCOM Authorities are initiating steps for actual disconnection of the power supply to the petitioner.
3. The learned counsel for the petitioner also submitted that this is being done for extraneous reasons at the instance of the third parties. Be that as it may.
4. This Court is of the opinion that there is no reasonable basis to infer that a Public Authority like the Assistant Executive Engineer of the Respondent BESOM would proceed to take action against the petitioner, though he is still seized of the matter and has to adjudicate the notice given by him to the petitioner vide Annexure L dated 15/09/2017 to which objections and explanation of the petitioner has been furnished to him vide Annexure M dated 21/09/2017, without adjudicating the issues raised by the petitioner before the said Authority. The said Authority cannot be expected to take any action of disconnection of the power supply itself and it is incumbent on the said Authority to pass appropriate order in the matter before proceeding to take any such action.
5. Therefore, this writ petition is considered as premature and the same is disposed of with a liberty and direction to the petitioner to approach the said concerned Authority and the said Authority namely the Assistant Executive Engineer (E), W.Ka and Pa. Nagara Sub-Division, of the BESCOM, Chikballapur is directed to pass appropriate speaking order in the matter before undertaking the action of power disconnection against the petitioner.
6. With these observations, the writ petition stands disposed of. No costs.
Sd/- JUDGE BMV*