IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.32605 – 32610/2019 (GM – KEB) BETWEEN:
1 . SRI RAMANATHA GOKLE S/O GANGADHARA GOKLE, AGED ABOUT 62 YEARS 2 . SUJATHA H., D/O SHIVARAYAPPA HASHVI, AGED ABOUT 50 YEARS 3 . A.T.SRINIVASA S/O THIMMANAIK, AGED ABOUT 59 YEARS 4 . K.CHANDRU MESTHRI S/O T.KERIYAPPA, AGED ABOUT 54 YEARS 5 . SMT.SATHYAVATHI K., W/O RAMESH NAIK AGED ABOUT 35 YEARS 6 . SMT.AFFRIN W/O ABDUL HAMEED, AGED ABOUT 33 YEARS ALL ARE R/AT DHARMASHREE LAYOUT, GOPALAGOWDA NAGARA, SAGARA TOWN, SAGAR, SHIMOGA DISTRICT-577401. ... PETITIONERS [BY SRI BALAPPA M. IRALI, ADV.] AND:
1 . THE SUPERINTENDING ENGINEER ELECTRICAL MANGALORE ELECTRICITY SUPPLY COMPANY LTD., O & M CIRCLE, SHIMOGA CIRCLE, SHIMOGA-577412.
2 . THE ASSISTANT EXECUTIVE ENGINEER MAGNALORE ELECTRICITY SUPPLY COMPANY LTD., O & M SUB-DIVISION, SAGAR, SAGAR TALUK, SHIMOGA DISTRICT-577401.
3. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA (CAUSE TITLE AMENDED VIDE COURT ORDER DATED 05.08.2019) …RESPONDENTS [BY SMT.M.C.NAGASHREE, ADV. FOR R-1 & R-2; SMT.NILOUFER AKBAR, AGA FOR R-3.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT COMMON DATED 25.01.2019 AND 11.03.2019 IN No.SA,KAA,NI,EM(V)/CSD/SA, EM(THAM)/4713, 4714, 4710, 4711, 4712, 5392/2018-19, VIDE ANNEXURE-D TO D5.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have assailed the common endorsement dated 25.01.2019 and 11.03.2019 issued by the respondent No.2 inter alia seeking a direction to the respondents to provide regular electricity connections to the petitioners’ premises in accordance with law.
2. The petitioners are claiming to be the owners of the sites carved out in the layout formed in the land bearing Survey Nos.43 and 44 to an extent of 7 acres 11 guntas situated at Mankondu village, Kasaba Hobli, Sagar Taluk, Shimoga District acquired through registered sale deeds from their vendors. It is contended that the owner of the land got converted the land to non-agricultural purpose and formed a layout for residential purpose which has been approved by the Urban and Rural planning authority. It is submitted that the petitioners are bonafide purchasers of the sites in the said layout and constructed houses in their respective sites by obtaining license from the Town Municipality.
3. It is the grievance of the petitioners that their request made to the respondent-Authorities to regularize the temporary connection made to their respective houses has not yielded positive result. The respondent-Authorities are denying the permanent power supply on the premise that, layout is not electrified in terms of KERC Regulations 2004 which indeed is contrary to Regulation 3.2.3 of the Conditions of Supply of Electricity of Distribution Licensees in the State of Karnataka (‘Regulations’ for short). In support of their contentions, reliance is placed on the judgment of this Court in the case of Sri T Niranjan V/s. Assistant Executive Engineer in WP.No.31133- 135/2014 (dated 30.10.2014).
4. Learned counsel Smt.M.C.Nagashree, appearing for respondent Nos.1 and 2 –Authorities, fairly submits that the issue involved herein is covered by the order of this Court in the case of Sri.T.Niranjan, supra.
5. Having heard the learned counsel appearing for the respective parties and perusing the material on record, this Court is convinced that the issue involved herein is no more res integra in view of the order passed by this Court in the case of Sri.T.Niranjan, supra as well as in W.P.No.31727/2016 and allied matters disposed of on 15.3.2018, wherein it is observed that if no substantial work is done by the developer as required to draw electric line for supply of electricity to the layout, the respondent-Authorities ought to have proceeded in terms of Regulation 3.2.3. The petitioners cannot be deprived of permanent/regular power supply connection.
6. In view of the aforesaid, the respondent- Authorities are obligated to consider the request of the petitioners and act in accordance with the Regulations.
Accordingly, the writ petitions are allowed. Impugned endorsements dated 25.01.2019 and 11.03.2019 (Annexures – D to D5) are quashed. Respondent No.2 shall consider the request of the petitioners and take steps to supply regular electricity connection to the premises of the petitioners in accordance with the Regulations 3.2.3 within a period of eight weeks from the date of receipt of certified copy of this order subject to the petitioners discharging their obligations as may be informed to them by the respondent-Authorities in accordance with law.
Sd/- JUDGE PMR