IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.50187/2019 (GM – KEB) BETWEEN :
1 . SRI T N GANGADHARAIAH S/O LATE NANJAPPA AGED ABOUT 61 YEARS No.127, 1ST MAIN NEAR ANJANEYA TEMPLE THIPPENAHALLI, NAGASANDRA POST BENGALURU-560073 2 . T G DEVARAJ S/O GARUDAIAH AGED ABOUT 30 YEARS PROPRIETOR OF M/S SRI BHYRAWESHWARA CONCRETE BLOCKS No.99, GARUDAPPA CIRCLE TIGALARAPALYA, PEENYA 2ND STAGE BENGALURU-560058 ...PETITIONERS (BY SRI K.S.MALLIKARJUNAIAH, ADV.) AND :
1 . THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560002 2 . THE DEPUTY HEALTH OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE RAJARAJESHWARINAGARA SUB DIVISION BENGALURU-560058 3 . THE MANAGING DIRECTOR BESCOM, K R CIRCLE BENGALURU-560001 4 . THE EXECUTIVE ENGINEER (V) Ka AND Pa DIVISION BENGALURU ELECTRICAL COMPANY KENGERI DIVISION BENGALURU-560058 5 . THE ASSISTANT EXECUTIVE ENGINEER (ELC) K-2 SUB DIVISION, HEROHALLI BENGALURU-560091 …RESPONDENTS (BY SRI K.N.PUTTEGOWDA, ADV. FOR R-1 & R-2; SRI H.V.DEVARAJU, ADV. FOR R-3 TO R-5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES ISSUED BY THE R-5 DATED 31.08.2019 AND 19.09.2019 VIDE ANNEXURE-K AND L.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the parties.
2. The petitioner has challenged the notice dated 31/08/2019 and 19/09/2019 issued by respondent No.5 inter alia seeking a direction to the respondent No.2 to continue power supply considering the representation dated 17/07/2019 submitted by the petitioner.
3. The petitioner No.1 claims to be the owner of property bearing survey No.71, measuring 20 guntas of Doddabidarakallu (Thippenahalli), Yeshwanthpur Hobli, Bengaluru North Taluk.
4. It is submitted that petitioner No.1 has entered into a rental agreement with petitioner No.2 for the purpose of running a Concrete Block Industry for the period of five years. In that regard, Registration Certificate was issued by the Government of India. The petitioners have to obtain trade licence certificate from the Deputy Health Officer of Bruhat Bengaluru Mahanagara Palike (B.B.M.P). Despite the same, on the complaint lodged by one of the brother of the petitioners in the name of some third party with an ulterior motive to stop the running industry, the Deputy Health Officer of B.B.M.P has issued a notice to respondent Nos.1 and 2. On the basis of the said notice, respondent Nos. 3 to 5 have disconnected the electricity power supply to the petitioner’s industry.
5. The learned counsel for the petitioners would submit that the petitioners were not heard in the matter before the power supply was disconnected to the industry and unilaterally the decision has been taken by the respondent-authorities much against the principles of natural justice.
6. It is submitted that the petitioner has submitted an application for renewal of trade licence before the B.B.M.P and the same is pending consideration.
7. The learned counsel for respondent Nos.3 to 5 submits that on the instructions of the B.B.M.P and in view of the trade licence having been expired, the respondents-authorities have disconnected the power supply to the petitioner’s industry.
8. The learned counsel appearing for respondent Nos.1 and 2 supporting the arguments of the learned counsel for the respondent Nos.3 to 5 submitted that the trade licence certificate was valid up to 31/03/2019 and the same is not yet renewed till date. Hence, the petitioners cannot claim restoration of power supply on the basis of the lapsed trade licence certificate.
9. Having heard the learned counsel for the respective parties and perusing the material on record, it is evident that the trade licence issued by the Health Department of B.B.M.P, Yeshwathpur, for the period 2018-19 was valid up to 31/03/2019. However, it is asserted by the learned counsel for the petitioner that an application for renewal of the trade licence has been made on 29/01/2019 along with the required fees and the same is pending consideration before respondent Nos.1 and 2.
10. Be that as it may, Respondent Nos.3 to 5 shall restore the power supply to the petitioner, subject to the production of valid trade licence certificate issued by respondent Nos. 1 and 2. .
11. With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE Msu