Karnataka High Court
Mr. A Rex vs Bangalore Electricity Supply on 4 December, 2020
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.13825 OF 2020 (GM-KEB)
BETWEEN :
1. MR. A. REX
S/O MR. A. AROCKIASWAMY
AGED ABOUT 39 YEARS
2. MRS. S. JENIFAR
W/O MR. A. REX
AGED ABOUT 35 YEARS
BOTH RESIDING AT FLAT NO.213
2ND FLOOR, 'SASHANK ANUTHAM'
BBMP WARD NO.9 (THINDLU)
VIDYARANYAPURA SUB-DIVISION
THINDLU VILLAGE
YELAHANKA HOBLI
BANGALORE NORTH TALUK
BANGALORE-560 097 ... PETITIONERS
(BY SHRI. H. MUJTABA, ADVOCATE)
AND :
1. BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED, A WHOLLY OWNED
GOVERNMENT OF KARNATAKA
UNDERTAKING CORPORATE OFFICE
K.R.CIRCLE, BANGALORE-560 001
REPRESENTED BY ITS
MANAGING DIRECTOR
2. THE EXECUTIVE ENGINEER (ELE).,
C, O AND M, HEBBAL DIVISION
BESCOM, YELAHANKA
BANGALORE-560 064
2
3. THE ASSISTANT EXECUTIVE ENGINEER (ELE).,
C-9 SUB-DIVISION (B.V.CO)
BESCOM, VIDYARANYAPURA
BANGALORE-560 097
4. M/S SASHANK CONSTRUCTIONS
A PROPRIETORSHIP COMPANY
HAVING IS OFFICE AT NO.52
2ND MAIN, BHEL LAYOUT
CHIKKABETTAHALLI
VIDRANYAPURA POST
BANGALORE-560 097
REPRESENTED BY ITS
PROPRIETOR
MR. M. RAMESH ... RESPONDENTS
(BY SHRI. H.V. DEVARAJU, ADVOCATE FOR R1 TO R3;
VIDE ORDER DATED 04.12.2020
NOTICE TO R4 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS LEADING TO
THE ISSUANCE OF THE IMPUGNED COMMUNICATION DTD.29.07.2020 ISSUED
BY R-3 VIDE ANNEXURE-A AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Shri.H.Mujtaba, learned advocate for petitioners submits that the petitioners are the co-owners of Flat No.213 in Sashank Anutham Apartment.
2. The Assistant Executive Engineer - BESCOM has issued a notice dated 29.07.2020 (Annexure-A) to the flat owners Association i.e., M/s. Sashank Anutham Apartment Residents 3 Association and also to the builder stating that the Occupancy Certificate produced by the builder was not genuine. Therefore, the builder has been called upon to produce authentic and genuine Occupancy Certificate within 15 days therefrom, failing which, the power supply shall be disconnected.
3. Shri.H.V.Devaraju, learned standing counsel for BESCOM submitted that since Occupancy Certificate was found to be fabricated one, the Assistant Executive Engineer has rightly called upon the builder to produce the genuine certificate.
4. Shri Devaraju further submitted that petitioners are the co-owners of Flat No.213. They may file their objections before the Assistant Executive Engineer (Ele), C-9, Sub-Division (B.V.Co), BESCOM, Vidyaranyapura, Bengaluru-560 097, and the same will be considered and appropriate orders will be passed, in accordance with law. Till disposal of their reply, the power supply shall not be disconnected subject to payment of regular consumption charges.
5. Shri Mujtaba, in reply, submitted that the requirement for producing Occupancy Certificate came into force with effect from 4 26.12.2018. Petitioners have been given power supply in the month of June, 2018. Therefore, notice itself is misconceived.
6. Undisputed facts of the case are, builder has produced an Occupancy Certificate. The BESCOM has found it to be fabricated. The petitioners are co-owners of the flat.
7. Shri Devaraju for BESCOM has fairly submitted that if the builder and the petitioners submit their reply before the third respondent, the same will be considered, in accordance with law. He has also assured that power supply shall not be disconnected in the meanwhile.
8. In the circumstances, in the opinion of this Court, it is just and appropriate to dispose of this writ petition granting liberty to the petitioners to file their reply before the third respondent-Assistant Executive Engineer (Ele), C-9, Sub-Division (B.V.Co), BESCOM, Vidyaranyapura, Bengaluru - 560 097, within four weeks from today. If such reply is filed, the third respondent shall consider them, in accordance with law and pass appropriate orders. In the meanwhile, the power 5 supply shall not be disconnected subject to payment of regular consumption charges.
9. Petition disposed of. All contentions of the parties are kept open.
10. In view of disposal of the petition, I.A.No.1/2020 does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE AV