IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.8619 – 8622/2016 (GM – KEB) BETWEEN:
1 . SRI SHAMSHUDDIEN S/O SRI MOIDIN KUTTI @ MOIDU KUTTI, AGED ABOUT 36 YEARS, WORKING AT HONEST BATTERY WORKS 2 . SRI NAZEER S/O SRI UMMAR , AGED ABOUT 35 YEARS, WORKING AT REHAMAN VANIJYA SANKEERNA 3 . SRI KESHAVA S/O SRI HUKRAPPA GOWDA, AGED ABOUT 38 YEARS, WORKING AT SM AUTOMOBILES 4 . SRI MOHAMMED ASHRAFF K., S/O SRI ABDUL RAHIMAN, AGED ABOUT 39 YEARS, WORKING REHAMAN VANIJYA SANKEERNA ALL ARE WORKING AT REHEMAN VANIJYA SANKEERNA, GANDHIPARK, UPPINANGADI VILLAGE & POST, PUTTUR TALUK, D.K.DISTRICT-574201 ... PETITIONERS [BY SRI ARUNA SHYAM M., ADV.] AND:
1 . THE ASSISTANT EXECUTIVE ENGINEER MESCOM, PUTTUR TALUK, D.K.DISTRICT-574201 2 . THE JUNIOR ENGINEER MESCOM, UPPINANGADI, PUTTUR TALUK, D.K.DISTRICT-574201 3 . SMT.KHATEEJAMMA W/O SRI K.ABDUL REHIMAN AGED ABOUT 63 YEARS, R/AT BEDRODI, RAJATHOOR VILLAGE, PUTTUR TALUK D.K.DISTRICT-574201 …RESPONDENTS [BY SRI H.V.DEVARAJU, ADV. FOR R-1 & R-2; SRI M.G.S.KAMAL, ADV. FOR R-3.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 02.02.2016 PASSED BY THE OFFICE OF R-1 & R-2 AT ANNEXURE-A.
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 challenged the endorsement dated 02.02.2016 issued by the office of respondent Nos.1 and 2, inter alia, seeking a direction to respondent Nos.1 and 2 to connect and supply electricity to meter bearing No.RR No. UDY 8942, UDY 8944, UDY 8945, UDY 8943 of the petitioners by considering the representation given by them vide Annexure – L dated 01.02.2016 and continue the electricity supply to the meters of the shops of petitioners.
2. The petitioners contend that they are doing their respective business in the properties shown in the cause-title and there is a dispute regarding tenancy between the petitioners and respondent No.3. Respondent No.3 has filed O.S.Nos.288/2014, 230/2014, 229/2014 and 228/2014 against the petitioners. The said suit proceedings are pending adjudication before the Principal Civil Judge and JMFC, Puttur. In such circumstances, the electricity connection to the petitioners’ shops has been withdrawn by respondent Nos.1 and 2 at the request of the landlord.
3. By virtue of the interim order granted by this Court on 19.02.2016, the electricity supply has been restored to the petitioners’ shops as contended by the learned counsel for the official respondents. That being the position, it would be suffice to direct respondent No.1 to consider the representation dated 01.02.2016 submitted by the petitioners at Annexure – L to the writ petitions and take a decision in accordance with law in an expedite manner and shall continue the electricity supply to the meters of the shops of the petitioners until a decision is taken.
Compliance shall be made within a period of four weeks from the date of receipt of the certified copy of the order. Ordered accordingly.
The writ petitions stand disposed of in terms of the above.
Sd/- JUDGE PMR