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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 11499 OF 2022 (GM-KEB)
BETWEEN:
SRI WAJID KHAN S/O LATE JAFAR KHAN AGED ABOUT 56 YEARS R/AT MASJID ROAD PERIYAPATNA TOWN AND TALUK MYSURU DISTRICT-571 107.
…PETITIONER (BY SRI. A MADHUSUDHANA RAO., ADVOCATE)
AND:
1. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (A GOVERNMENT OF KARNATAKA UNDERTAKING)
NO 29, VIJAYANGARA, 2ND STAGE HINKAL, MYSORE 570 017 REP. BY ITS CHAIRMAN.
2. SUPERINTENDENT ENGINEER (ELE)
O AND M SUB DIVISON CESC Digitally signed by B K JODI BASAVESHWARA ROAD MAHENDRAKUMAR Location: High KUMVEPUNAGAR, MYSORE 570 023.
Court of Karnataka
3. THE EXECUTIVE ENGINEER (ELE)
O AND M SUB DIVIOSN, CESC KR NAGAR, MYSORE-570 023.
4. THE ASSISTANT EXECUTIVE ENGINEER (ELEC)
O AND M SUB DIVISON, CESC PERIYAPATNA-571 107.
5. PERIYAPATNA TALUK SARKARI NAUKARARA VIVIDODDESHA SANGHA LIMITED, NEHRU ROAD NEAR KSRTC BUS STAND PERIYAPATNA TOWN MYSORE DISTRICT-571 107.
…RESPONDENTS (BY SRI. H V DEVARAJU., ADVOCATE FOR R1 TO R4 V/O DATED 19.04.2024 )
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT BEARING NO.CESK/SA.KA.EM/SA.EM(THAM) P.PATNA/2021.22/166 DATED 29.04.2022 ISSUED BY THE R4 PRODUCED AT ANNEXURE-K AND TO INSTALLATION BEARING R.R.NO.PPR.51701 IN RESPECT OF THE SHOP NO.1 OF THE BUILDING BELONGING TO PERIYAPATNA TALUK, SARKARINAUKARAVIVIDODDESHA SANGHA LIMITED NEHRU ROAD, NEAR KSRTC BUS STAND, PERIYAPATNA TOWN, ALLOW THIS WRIT PETITION WITH COST AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has called in question the notice issued by the respondent to furnish the documents relating to the ownership of the subject property to which the power supply has been sanctioned.
2. Learned counsel submits that the petitioner is the tenant of the subject property, and in O.S.No.374/2021, there is an order of temporary injection operating against the owner of the subject property. Therefore, the notice issued on the basis of the complaint filed by the owner is not tenable in law.
3. This Court vide order dated 15.7.2022, directed the respondents to restore the power supply to the subject property, and in terms of the order, the power supply has been restored to the subject property.
4. The dispute between the parties having been seized before the Civil Court, and the order of temporary injection is operating against the owner of the subject property, the impugned notice issued by the respondent is not sustainable in law. The respondent lacks authority to adjudicate the rights of the petitioner over the subject property.
6. Accordingly, the petition is allowed.
7. The impugned endorsement dated 29.4.2022 issued by the respondent No.4 at Annexure K is hereby quashed.
8. It is needless to state that the petitioner is under an obligation to pay regular consumption charges.
Ordered accordingly.
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