IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.58356/2016 (GM – KEB) BETWEEN :
SRI P.NARASIMHAMURTHY S/O LATE M.N.PUTTASWAMY AGED ABOUT 50 YEARS R/O 1231-K, 1ST FLOOR, OPPOSITE L.F. PUBLIC SCHOOL HOSAKEREHALLI, BSK 3RD STAGE BANGALORE – 85 ...PETITIONER (BY SRI P.MAHESHA, ADV.) AND :
1 . THE SUPERINTENDENT OF ENGINEER (ELE) WEST CIRCLE OFFICE, BESCOM # 5, BHIMAJYOTHI HSBC LAYOUT NEXT TO CORD ROAD HOSPITAL BASAVESWARANAGAR BENGALURU - 79 2 . EXECUTIVE ENGINEER RAJAJINAGAR DIVISION 2ND BLOCK RAJAJINAGAR BENGALURU - 10 3 . ASSISTANT EXECUTIVE ENGINEER BESCOM No.8, NORTH SUB DIVISION PAPAREDDY PALYA, NAGARABHAVI BENGALURU - 72 4 . DEPUTY CHIEF ELECTRICAL INSPECTOR BENGALURU ADDITIONAL WEST #221, 1ST FLOOR, ZENITH BUILDING NAGARABHAVI MAIN ROAD BENGALURU - 72 5 . H R SUBHASCHANDRA S/O REVANNA AGED ABOUT 32 YEARS 6 . H R HEMACHANDRA S/O REVANNA AGED ABOUT 35 YEARS RESPONDENT No.5 & 6 ARE R/AT 305/B (K.N.86/5/305) BALAJI LAYOUT, 7TH CROSS, MALLATHAHALLI, BENGALURU - 91 7 . THE ASSISTANT DIRECTOR TOWN PLANNING, BBMP, RAJARAJESHWARI NAGARA ZONE, IDIAL HOMES LAYOUT, BENGALURU-98.
8 . THE ASSISTANT EXECUTIVE ENGINEER BBMP, RAJARAJESHWARI NAGARA SUB-DIVISION, NEXT TO HOPCOMS, BEML 3RD STAGE, RAJARAJESHWARI NAGAR, BENGALURU-98.
(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 29.05.2019) …RESPONDENTS (BY SRI G.C.SHANMUKHA, ADV. FOR R-1 TO R-3; SMT.NILOUFER AKBAR, AGA FOR R-4;
SRI S.MADHUKAR, ADV. FOR R-5 & R-6;
SRI PRASHANTH CHANDRA S.N., ADV. FOR R-7 & R-8.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION OF THE PETITIONER, FILED VIDE ANNEXURES-M AND N.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has sought for a direction to respondent No.2 to consider the representation of the petitioner dated 20/10/2016 and to remove the electric pole and cable drawn on the petitioner’s site.
2. The petitioner claims to be the owner of property bearing No.41, measuring 35 + 20/2 East to West and 77 + 71/2 North to South, totally 2035 sq.ft, situated at Mallathahalli, Balajinagar, B.B.M.P Ward No.129, Yeshwanthapura Hobli, North Taluk, Bengaluru acquired through a registered sale deed dated 29/03/2016 for valuable consideration.
3. It is the allegation of the petitioner that respondent Nos.5 and 6 colluding with respondent Nos.2 to 4 have erected the Electric Transformer on the footpath and drawn electric cable on the petitioner’s property. When the petitioner questioned about the same, with high handedness they have demolished the house of the petitioner. It is further contended that the representation made by the petitioner to remove the electric pole installed and cable drawn on the petitioner’s site has not responded to. Hence, the present writ petition.
4. The learned counsel for respondent Nos.1 to 3, would submit that the representation submitted by the petitioner at Annexures – M and N dated 07/10/2016 and 20/10/2016 shall be considered in accordance with law, within a time frame.
5. In view of the aforesaid, respondent Nos.1 to 3 shall consider the representation of the petitioner at Annexures- M and N dated 07/10/2016 and 20/10/2016 respectively and take a decision in accordance with law, in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of this order.
6. The writ petition stands disposed of, in terms of the above.
Sd/- JUDGE Msu