IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.26406/2017 (GM – KEB) BETWEEN:
SRI S.S.SRIKANTAPPA S/O LATE SUBRAYAPPA, AGED ABOUT 53 YEARS, BALELE VILLAGE AND POST, VIRAJPET TALUK, COORG DISTRICT-571 219 …PETITIONER (BY SRI K.RANJAN KUMAR, ADV.) AND:
1 . THE ASSISTANT EXECUTIVE ENGINEER CESCOM SUB-DIVISION, GONI KOPPA, VIRAJPET-571 218 COORG DISTRICT.
2 . THE EXECUTIVE ENGINEER CAUVERY NIRAVARI NIGAMA LTD., HARANGI REHABILITATION DIVISION KUSHALNAGARA, SOMWARPET TALUK, KODAGU DISTRICT-571 236 3 . THE SECTION OFFICER CESCOM, BALALE VILLAGE, VIRAJPET TALUK-571 219 COORG DISTRICT.
4 . THE ASSISTANT EXECUTIVE ENGINEER CESCOM, MANAGEMENT AND MAINTANCE SUB-DIVISION GONI KOPPAL-571 213, VIRAJPET TALUK, COORG DISTRICT.
5 . THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, WATER RESOURCE DEPARTMENT VIKAS SOUDHA, BENGALURU-560 001. …RESPONDENTS (BY SRI C.M.POONACHA, ADV. FOR R-1; SRI RANGANATH R., ADV. FOR R-2;
SMT.APARNA S. PAI, ADV. FOR SRI HARIKRISHNA S. HOLLA, ADV. FOR R-2 & R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO ISSUE LICENSE/PERMISSION TO THE PETITIONER TO DRAW/LIFE WATER FROM THE NATURAL SOURCE OF LAKSHMANA TEERTHA RIVER WITH IMMEDIATE EFFECT (ANNEXURE-H).
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner is claiming to be an agriculturist having about 6 acres of agricultural lands in Sy.No.218 in and around Balale Village of Virajpet Taluk, Coorg District. It is contended that the land of the petitioner is situated on the banks of river Lakshmana Theertha.
2. It appears that the petitioner has applied for connection, installation and regularization of power supply to the irrigational water pump set in order to lift water from the natural source of Lakshmana Theertha river to his agricultural land before the respondent No.3. The respondent No.3 has entered into power supply agreement between the petitioner and the first respondent with regard to use of the irrigational pump set with 10 HP load.
3. It is the grievance of the petitioner that the second respondent addressed a letter to the respondent No.3 that the permission granted for the petitioner to lift water from the natural source of Lakshmana Theertha river has been objected by the third party. In furtherance to which the permission granted for the petitioner to lift water from the natural source of Lakshmana Theertha has been disconnected.
4. It transpires that the petitioner has submitted representations dated 12.04.2017 and 17.04.2017 before the respondent Nos.2 and 3 requesting them to restore the power supply to its installation but in vain. Hence, this writ petition.
5. In the circumstances, this Court deems it appropriate to direct the respondent Nos.2 and 3 to consider the representations submitted by the petitioner dated 12.04.2017 and 17.04.2017 at Annexures-H and J respectively and take a 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. Ordered accordingly.
All the rights and contentions of the parties are left open.
Writ petition stands disposed of in terms of the above.
NC.
Sd/- JUDGE