Karnataka High Court
Sri B L Nagendra Prasad vs Qbengaluru Electricity Supply Company ... on 23 May, 2019
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY 2019
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
WRIT PETITION.No.16574 OF 2019 (GM-KEB)
BETWEEN:
Sri.B.L.Nagendra Prasad,
S/o late C.V.L.Sastry,
Aged 59 years,
R/at No.29/A,
9th Main, RMV Extension,
Sadashivanagara,
Bengaluru-560 068. ... Petitioner
(By Sri.Sadashivaiah.K.G, Advocate)
AND:
1. Bengaluru Electricity
Supply Company Limited,
K.R.Circle, Bengaluru-560 001,
Represented by its
Managing Director,
Now Represented by its
General Manager (Admin and HR).
2. The Assistant Executive Engineer,
Electrical C2, Sub-Division, BESCOM,
Malleshwaram,
Bengaluru-560 003.
3. Talisma Corporation Private Limited,
3rd Floor, Olympia Building-01,
2
Bagmane Tech Park, CV Raman Nagar,
Byrasandra,
Bengaluru-560 093,
Represented by its
Controller-Finance and
Authorised Signatory,
Mr.Vijay Chandran.N.C. ... Respondents
(By Sri.S.G.Prashanth Murthy, Advocate for R-1 & 2)
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India praying to issue writ in the
nature of mandamus directing the respondents 1 and 2 not
to disconnect the power supply after accepting the
surrender of power made by the 3rd respondent pursuant
to the order passed by this Court in Writ Appeal Nos.4-
5/2018 and other connected matters on 12.03.2019 as per
Annexure-C to the writ petition and etc.
This petition coming on for orders, this day, the
Court made the following:
ORDER
The petitioner has sought for a writ of mandamus directing the respondent Nos.1 and 2 not to disconnect the power supply after accepting the surrender of power made by the respondent No.3 pursuant to the order passed by this Court in Writ Appeal Nos.4-5/2018 and allied matters on 12.03.2019 and further seeking a direction to the respondent Nos.1 and 2 to continue the power supply to 3 the premises pending adjudication of the proceedings in Writ Appeal Nos.4-5/2018.
2. The petitioner claims that he is the joint owner along with other family members of the property bearing Municipal No.6(PID No.99-18-6) Old No.214, situated at Palace Orchid, Sadashivanagara-Bellary Road, measuring East to West: 123 feet and North to South: 80+78/2 feet in all 9,717 square feet consisting of ground, first, second and third floor. It is the grievance of the petitioner that respondent No.3, the registered consumer of power, has surrendered the power connection bearing RR No.C2HT38 pursuant to the orders passed by this Court in Writ Appeal Nos.4-5/18 dated 12.03.2019 as the premises in question was vacated by the respondent No.3 during June 2015. It is the contention of the petitioner that subsequent to the premises being vacated by the respondent No.3, new tenants are carrying on their business activities in the premises in question and the surrender of said electricity power connection by respondent No.3 has now brought 4 the business of the tenants to a halt. The request made by the petitioner to restore the power connection to the petitioner premises in question has been rejected with an observation that no permanent/temporary connection could be sanctioned until total outstanding arrears of Rs.70,25,614/- are cleared/paid.
3. Learned counsel Sri.Sadshivaiah K.G., appearing for the petitioner would submit that the impleading application filed by petitioner in Writ Appeal Nos.4-5/2018 was directed to be considered along with main appeals and as such, petitioner had moved the Division Bench in the said writ appeal proceedings. The Division Bench, by order dated 16.05.2019, permitted the petitioner to move the Vacation Judge for appropriate relief in the present writ petition proceedings. It is further contended that the dispute regarding total outstanding arrears between respondent No.3 and respondent Nos.1 and 2 is no way connected to the petitioner/landlord of the premises. The refusal of power connection to the premises 5 of the building is in contrary to section 43 of the Electricity Act 2003 whereby it is contemplated that it is the duty of the every distribution licensee to supply the electricity to such premises, within one month after receipt of the application requiring such supply. The basic facility to which the tenants of the premises in question are entitled to, is being deprived by the action of the respondent Nos.1 and 2 in prolonging power connection to the petitioner's premises culminating in huge loss to the petitioner as well as the tenants of the premises in question.
4. Learned counsel Sri.S.G.Prashanth Murthy appearing for respondent Nos.1 and 2 would submit that the petitioner is not entitled for restoration of the power connection relating to RR. No.C2HT38 as respondent No.3 has surrendered the same by virtue of the permission granted by the Division Bench of this Court in Writ Appeal Nos.4-5/2018 and allied matters. If the petitioner makes an application for fresh connection, the same shall be considered in accordance with the Regulations of the 6 Conditions of Supply of Electricity of Distribution Licensees in the State of Karnataka.
5. In the circumstances, this court is of the considered view that justice would be sub-served in directing the petitioner to submit an application for fresh connection relating to the premises in question and on submission of such application, the same shall be considered by respondent Nos.1 and 2 in accordance with law, in an expedite manner, in any event within a period of one week from the date of submission of the application by the petitioner and the same shall be subject to the result of the Writ Appeal Nos.4-5/2018 and allied matters which are pending before this Court.
With the aforesaid observation, writ petition stands disposed of.
Sd/-
JUDGE Bss