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NC: 2024:KHC:43896
WP No. 19809 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 19809 OF 2021 (GM-KEB)
BETWEEN:
H.G.SANTOSH
AGED ABOUT 41 YEARS,
S/O LATE H.N.GURUSWAMY,
R/O HULLAHALLI VILLAGE,
NANJANGUD TALUK,
MYSURU DISTRICT-571 301.
…PETITIONER
(BY SRI. CHIDAMBARA.G.S., ADVOCATE)
AND:
1. THE CHAMUNDESHWARY ELECTRICITY
SUPPLY CORPORATION LIMITED,
ASSISTANT EXECUTIVE ENGINEER,
OFFICE, CESC, NANJANGUD ENGINEER OFFICE,
CESC, NANJANGUD SUB DIVISION-2,
RP ROAD, NANJANGUD-571 301.
Digitally signed by
THEJASKUMAR N MYSURU DISTRICT.
Location: High REPRESENTED BY ITS MANAGING DIRECTOR.
Court of
Karnataka
2. THE EXECUTIVE ENGINEER,
CHAMUNDESHWARY ELECTRICITY
SUPPLY CORPORATION LIMITED,
CESC, NANJANGUD SUB DIVISION-2,
RP ROAD, NANJANGUD-571 301.
MYSURU DISTRICT.
3. THE ASSISTANT EXECUTIVE ENGINEER (V),
CHAMUNDESHWARY ELECTRICITY
SUPPLY CORPORATION LIMITED,
CESC NANJANGUD SUB DIVISION-2,
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NC: 2024:KHC:43896
WP No. 19809 of 2021
RP ROAD, NANJANGUD-571 301.
MYSURU DISTRICT.
…RESPONDENTS
(BY SRI. G.C.SHANMUKHA., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.Chidambara.G.S., counsel for the petitioner and
Sri.G.S.Shanmukha., counsel for the respondents have
appeared in person.
2. The captioned Writ Petition is filed seeking following
reliefs:
(a) Issue a Writ or order or direction to quash the
notice/ communication dated 24.09.2021 issued
by the third respondent in
¸ÀASÉå:
vide
¸ÀPÁ¤EA(«)/¸À.EA(vÁ)/£ÀA.UÀÆqÀÄ/2021-22/1245-47
Annexure-F and the Dis Memo dated 05.10.2021
issued by the third respondent in
vide
¸ÀASÉå:¸ÀPÁ¤EA(«)/¸À.EA(vÁ)/£ÀA.UÀÆqÀÄ/2021-22/1296
Annexure-H.
(b) Issue an appropriate writ or order or direction,
directing the respondents not to disconnect the
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NC: 2024:KHC:43896
WP No. 19809 of 2021
power supply connections to the building of the
petitioner.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers
with utmost care.
4. The petitioner contends that he is the absolute
owner in possession and enjoyment of shopping complex
constructed on the portion of converted Sy.Nos.360/1B and
360/1A3 totally measuring 02 Acres 02 Guntas situated at
Hullahalli Village, Nanjangud Taluk, Mysuru District. He has
constructed the building on the said site after obtaining
necessary building license and plan approval from the Hullahalli
Gram Panchayat and also paid required tax/ fee to the said
Panchayat. The Hullahalli Gram Panchayat issued 'No Objection
Certificate' for supply of power to the petitioner's building.
Accordingly, the building was provided with power supply by
the respondents by installing electricity meters. It is said that
presently there are twelve meters bearing Nos.NS2HC-5584 TO
NS2HC-5593, NS2HC-13129 AND NS2HC-13130 standing in the
name of petitioner. It is said that the petitioner has let out
some shops in the said building to the tenants. He is paying the
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NC: 2024:KHC:43896
WP No. 19809 of 2021
electricity consumption charges regularly and without any
default.
As the matter stood thus, the Hullahalli Gram Panchayat
without hearing the petitioner passed an order on 02.03.2016
to cancel the katha stood in the name of the petitioner in
respect of sites formed in the said converted Sy.Nos.360/1B
and 360/1A3 on the ground that plan for formation of the
layout has not been obtained by the petitioner. Aggrieved by
the said order, the petitioner preferred filed an appeal in the
form of a representation before the Executive Officer, Taluk
Panchayat, Nanjangud with a prayer to withdraw the order
dated 02.03.2016 and sought for stay of the said order.
However, the Executive Officer issued an endorsement on
28.03.2016 stating that the impugned action has been taken as
per the directions of Zilla Panchayat and hence, the withdrawal
of cancellation order or grant of stay was not permissible.
Thereafter, the petitioner approached this Court in
W.P.No.21415/2016 and sought for quashing the resolution of
the Gram Panchayat canceling the katha and the endorsement
issued by the Executive Officer. This Court vide order dated
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WP No. 19809 of 2021
15.06.2022 disposed of the petition directing the Taluk
Panchayath Nanjangud to dispose of the appeal. Pursuant to
the order passed by this Court, the Executive Officer has
disposed of the appeal on 10.10.2022 and has set-aside the
order dated 02.03.2016 and has directed the Panchayat to
restore the katha of the petitioner.
The order dated 10.10.2022 passed by the Executive
Officer is furnished by counsel for the petitioner by filing a
memo. A perusal of the same reveals that the Executive Officer
has set-aside the order dated 02.03.2016 and directed the
Panchayath to restore the katha of the petitioner. If that be so,
the impugned action on the part of the CESCOM authorities is
untenable.
Taking note of the subsequent developments and in view
of disposal of the appeal, this Court deems it proper to quash
the communication vide Annexure-F and the Dis Memo vide
Annexure-H.
5. The Writ of Certiorari is ordered. The notice/
communication dated 24.09.2021 issued by the third
respondent in
¸ÀASÉå: ¸ÀPÁ¤EA(«)/¸À.EA(vÁ)/£ÀA.UÀÆqÀÄ/2021-22/1245-
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NC: 2024:KHC:43896
WP No. 19809 of 2021
vide Annexure-F and the Dis Memo dated 05.10.2021 issued
47
by the third respondent in
¸ÀASÉå:¸ÀPÁ¤EA(«)/¸À.EA(vÁ)/
vide Annexure-H are quashed.
£ÀA.UÀÆqÀÄ/2021-22/1296
allowed
6. Resultantly, the Writ Petition is .
Needless to observe that the petitioner shall submit
necessary documents to the CESCOM Authorities.
Sd/-
(JYOTI MULIMANI)
JUDGE
TKN
List No.: 2 Sl No.: 66