IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.22065 & 22127/2018 (GM – KEB) BETWEEN:
SRI PAPAIAH S/O LATE HANUMAIAH, AGED ABOUT 61 YEARS R/AT ARALASANDRA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, BANGALORE - 562123. …PETITIONER (BY SRI BHOJARAJA, ADV.) AND:
1. THE MANAGING DIRECTOR BANGALORE ELECTRICITY SUPPLY COMPANY LTD., K.R. CIRCLE, BANGALORE - 560001.
2. THE EXECUTIVE ENGINEER BANGALORE ELECTRICITY SUPPLY COMPANY LTD., NELAMANGALA, BANGALORE RURAL DISTRICT, BANGALORE - 562123.
3. THE ASSISTANT EXECUTIVE ENGINEER BANGALORE ELECTRICITY SUPPLY COMPANY LTD., NELAMANGALA, BANGALORE RURAL DISTRICT, BANGALORE - 562123.
4. THE JUNIOR ENGINEER BANGALORE ELECTRICITY SUPPLY COMPANY LTD., NELAMANGALA, BANGALORE RURAL DISTRICT, BANGALORE - 562123. …RESPONDENTS (BY SRI H.V.DEVARAJU, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS, THEIR ASSIGNEES AND AGENTS ETC., TO CONSIDER THE REPRESENTATION DATED 13.07.2016 AND 18.08.2016 MADE BY THE PETITIONER AND DIRECT THE RESPONDENTS AUTHORITY TO PROVIDE A ELECTRICITY POWER SUPPLY TO THE AGRICULTURAL METER BEARING No.NIP5232, RESIDENTIAL METER BEARING NO.NRGGY5291 AND COMMERCIAL METER BEARING NO.NP4836 AT ANNEXURE-E AND E1.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the parties. With the consent of learned counsel appearing for the parties, the matters are taken up for final disposal.
2. The petitioner is aggrieved by the inaction of the respondents in not considering the representation dated 13.07.2016 and 18.08.2016 made by the petitioner inter alia seeking for a direction to the respondents – authority to provide electricity power supply to the agricultural meter, residential meter and commercial meter relating to the petitioner.
3. The petitioner is claiming to be the owner of the property bearing Sy.No.88/1, measuring 2 acres 26 guntas situated at Aralasandra Village, Kasaba Hobli, Nelamangala Taluk. It is the grievance of the petitioner that the electricity meter fixed by the respondent authority to the residential house as well as the brick factory and the cattle dairy farm in the property in question has been disconnected by the respondents. It is the contention of the petitioner that the electricity meter fixed by the respondent authority for the brick factory and residential building was burnt in the month of July 2016 and hence, the petitioner has requested the respondent authority to replace the same, by submitting the written representations to the respondent No.1, but the same has not yielded any results so far. On the other hand, the respondent authorities have disconnected the electricity supply to the property in question in terms of the communication dated 25.01.2017 and the bills are raised arbitrarily demanding huge consumption charges.
4. Learned counsel for the petitioner reiterating the grounds urged in the writ petition submits that the petitioner has not been provided with the electrical connection to the residential building of the petitioner despite the interim order passed by this Court on 22.05.2018, leaving apart the agricultural operations and commercial operations.
5. Learned counsel for the respondents would submit that the respondents have no inhibition in considering the representation submitted by the petitioner in accordance with law including the objections if any, regarding the bills raised in respect of the electricity meter bearing No.NRGGY5291 and NP4836 at Annexure-H and H1 to the writ petitions.
6. In view of the aforesaid, this Court is of the considered view that a direction to the respondent No.3 authority to consider the representations and take a decision in accordance with law would meet the ends of justice.
Accordingly, respondent No.3 is directed to consider the representations of the petitioner at Annexures-E and E1 and take decision in accordance with law in an expedite manner in any event not later than four weeks from the date of receipt of certified copy of the order.
All rights and contentions of the parties are left open including the objections to the bills raised at Annexures-H and H1. The respondent authorities shall provide the electrical connection to the residential building of the petitioner till the disposal of the representations by the respondent No.3, subject to the payment of applicable tariff.
Writ petitions stand disposed of in terms of the above.
In view of the disposal of the writ petitions, all the pending applications stand disposed of.
Sd/- JUDGE NC.