IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.16750/2019 (GM – KEB) BETWEEN:
SRI SATEESH G.
S/O GNANAMURTHY, AGED ABOUT 41 YEARS, RESIDING AT No.1, WARD No.18, BLOCK No. 35, GANDHINAGARA JAMBAGARU, SAGAR SHIMOGA DISTRICT-577 401. …PETITIONER (BY SRI GANAPATHI, ADV.) AND:
1. THE SUPERINTENDING ENGINEER ELECL MANGALORE ELECTRICITY SUPPLY COMPANY LTD., SHIMOGA CIRCLE, SHIMOGA - 577 201.
2. THE ASSISTANT EXECUTIVE ENGINEER ELECL O & M SUB-DIVISION, SAGAR TALUK, SAGAR-577 401 SHIMOGA DISTRICT. …RESPONDENTS (BY SMT.M.C.NAGASHREE, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUSH THE IMPUGNED ENDORSEMENT DATED 27.3.2019 ANENXURE-E ISSUED BY R-2 BY ISSUING THE WRIT IN THE NATURE OF CERTIORARI, CONSEQUENTLY. DIRECT THE RESPONDENTS TO PROVIDE THE REGULAR ELECTRICITY CONNECTIONS TO THE PEITIONERS PREMISES IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Smt.M.C.Nagashree accepts notice for the respondents.
2. The petitioner has assailed the endorsement dated 27.03.2019 issued by the respondent No.2.
3. The petitioner is claiming to be the owner of the land bearing Sy.No.5/1B29 to an extent of 1 acre situated at Jambagaru Village, Sagar Taluk. It is submitted that the petitioner has obtained the requisite license from the competent authorities and constructed the house, after the said land has been converted to non-agricultural purpose. Initially, the respondents have provided temporary electricity connections to the petitioner subject to the conditions of the Company. However, on the request made by the petitioner for providing the regular connection, the same has been rejected. Hence, this writ petition.
4. Learned counsel appearing for the parties submit ad idem that the issue involved herein is no more res integra in view of the order passed by this Court in W.P.Nos.31133-135/2014 [D.D 30.10.2014] and W.P.Nos.31727/2016 and connected matters [D.D. 13.03.2018] whereby this Court has observed that in terms of the Regulation 3.2.3 of the Conditions of Supply of Electricity of Distribution Licensees in the State of Karnataka ['Regulation' for short], 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 required to proceed in terms of Regulation 3.2.3. The petitioner cannot be deprived of permanent/regular power supply connection.
5. In view of the aforesaid, the petitioner herein being similarly placed, is entitled to the similar relief.
Hence, the writ petition is allowed. Annexure-E dated 27.03.2019 is quashed. The respondent No.2 shall consider the representation submitted by the petitioner dated 07.01.2019 for regular/permanent power supply and take steps to provide regular electricity connection to the premises of the petitioner in accordance with Regulation 3.2.3 within a period of eight weeks from the date of receipt of certified copy of the order, subject to the petitioner discharging the obligations as may be informed to him by the respondent-authorities in accordance with law.
Sd/- JUDGE NC.