IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.37605/2014(GM-RES) BETWEEN:
SRI RANGASHAMAIAH S/O MUTHANNA, AGED ABOUT 55 YEARS RESIDING AT THONDALABANDE SASALU HOBLI, DODDABALLAPUR TALUK BANGALORE RURAL DIST.
... PETITIONER (BY SMT. NAGARATHNA S K., ADV.) AND 1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY REVENUE DEARTMENT VIDHANA SOUDHA BANGALORE-09.
2. TAHSILDAR DODDABALLAPUR DODDABALLAPUR TALUK BANGALORE RURAL DIST.
3. BLOCK DEVELOPMENT OFFICER SASALU CIRCLE DODDABALLAPUR TALUK BANGALORE RURAL DIST-561203.
4. THE ASSISTANT EXECUTIVE ENGINEER BANGALORE ELECTRICITY SUPPLY CO. LTD. DODDABELAVANGALA DODDABALLAPUR TALUK BANGALORE RURAL DISTRICT-561203 5. SMT.PUSHPALATHA W/O RAMACHANDRAMURTHY AGED ABOUT 45 YEARS RESIDING AT NO.216 JAI MARUTHI NAGAR NANDINI LAYOUT BANGALORE-96.
... RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA. FOR R1 TO R3 SRI.H.V.DEVARAJ, ADV. FOR R4, R5 IS SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO REMOVE THE ELECTRIC CONNECTION UNAUTHORIZED TAKEN BY THE R-5 TO THE BORE WELL SITUATED IN HER LAND & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this petition, the petitioner is seeking for a direction to the respondent No.4 to remove the electric connection unauthorisedly taken by the respondent No.5 to the bore well situated in her land.
2. The brief facts of the case is that the petitioner is the owner of the property bearing Sy.No.15/3 measuring to an extent of 1 acre 19 guntas situated at Thodalabande, Sasalu Hobli, Doddaballapur Taluk, Bangalore Rural District. In the year 1988, he had dug a bore well on the north east corner of schedule ‘A’ property and had planted Arecanut, Coconut grove. He had availed electricity connection from the then Electricity Board, bearing No.RR2182-5-63. He was using the bore well since then. Respondent No.5, who is the owner of the adjacent property bearing Sy.No.15/2, without permission from the concerned authority has dug bore well in her property and has unauthorisedly taken electricity connection from the nearby electricity pole. Against the said act of the respondent No.5, the petitioner has given representation to the respondent No.4 dated 21.1.2014 vide Annexure-F. Subsequently, the petitioner had also issued legal notice dated 3.5.2014 to respondent No.5 through his advocate. Since, no action has been taken, the petitioner is before this Court.
3. Without expressing any opinion on the merits of the case, the writ petition is disposed of. The respondent No.4 is hereby directed to consider the representation of the petitioner vide Annexure-F and pass appropriate orders in accordance with law within eights weeks from the date of receipt of copy of this order and communicate the same to the petitioner.
Sd/- JUDGE DM