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2025 DAILYLAW 10034 (KAR)

MOHAMMED JAVEED v. ASSISTANT EXECUTIVE ENGINEER (ELE)

WP/200928/2025 · 2025-03-25

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1908 WP No. 200928 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.200928 OF 2025 (GM-KEB) BETWEEN: MOHAMMED JAVEED S/O MOHAMMED ALI MELINMANI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O. ALMEL, DIST. VIJAYAPURA-586 202. …PETITIONER (BY SRI. BASAVAKIRAN G. R., ADVOCATE) AND: 1. ASSISTANT EXECUTIVE ENGINEER (ELE) O & M SUB-DIVISION, HESCOM, SINDAGI, DIST. VIJAYAPURA-586 128. 2. SECTION OFFICER (E) HESCOM, ALMEL, DIST. VIJAYAPURA-586 202. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION BEARING ID NO.9325095 DATED 20.02.2025 WHICH ARE AT ANNEXURE-A AND GRANT THE ELECTRICITY CONNECTION TO THE PETITIONER HEREIN. Digitally signed by VARSHA N RASALKAR Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1908 WP No. 200928 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Basavakiran G.R., learned counsel for the writ petitioner. 2. This writ petition is filed seeking the Court to issue a writ in the nature of mandamus directing the respondents to consider the application that was submitted by the petitioner seeking new electricity connection. 3. Learned counsel for the writ petitioner Sri Basavakiran G. R. submits that the writ petitioner constructed a Kalyan Mantap in his land and forwarded an application to the respondents-Corporation to give electricity connection. The application was submitted on 20.02.2025, but till now there is no response. Learned counsel also states that the writ petitioner was orally - 3 - NC: 2025:KHC-K:1908 WP No. 200928 of 2025 informed by the 1st respondent that due to pendency of civil suit in respect of the land in question, electricity connection cannot be granted. Learned counsel states that pendency of civil suit has nothing to do with giving service connection to the Kalyan Mantap. Learned counsel also submits that without electricity supply, the writ petitioner cannot proceed with the further process of making the Kalyan Mantap ready and therefore, a direction may be issued to the respondents to give new service connection basing on the application submitted. 4. The application at Annexure-A reveals that the writ petitioner applied for new connection on 20.02.2025 and he had also produced copy of Aadhaar Card as identity proof and Khata Certificate in proof of occupancy. In case service connection cannot be given for any valid reason, the respondents are under obligation to communicate the same in writing to the writ petitioner duly indicating the reasons. Oral denial of request is impermissible under law. Therefore, this Court considers desirable to allow the writ - 4 - NC: 2025:KHC-K:1908 WP No. 200928 of 2025 petition and issue necessary directions to the respondents as prayed for. 5. Thus, the writ petition is allowed with the following: ORDER The respondents are directed to entertain the application of the petitioner bearing ID No.9325095 of Almela Sub-Division and to pass appropriate orders within a period of ten days from the date of receipt of copy of this order. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE LG List No.: 1 Sl No.: 43