- 1 - NC: 2025:KHC:6493 WP No. 53076 of 2016 C/W WP No. 5035 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 53076 OF 2016 (LB-RES) C/W WRIT PETITION NO. 5035 OF 2017 (LB-RES) IN WP No. 53076/2016 BETWEEN: 1. SMT SUBBULAKSHMI DEVI W/O MAHADEVA SWAMY AGED ABOUT 46 YEARS, #66/1, NAYAKS STREET CHAMUNDI HILL, MYSORE TALUK MYSORE DISTRICT-570001 …PETITIONER (BY SRI. SRIDHAR A G., ADVOCATE) AND: 1. THE TALUK PANCHAYAT MYSORE-570001 REPRESENTED BY ITS EXECUTIVE ENGINEER 2. THE TALUK PANCHAYATH MYSURU REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER (PDO) MYSURU-570001 3. THE OFFICE OF THE CHAMUNDIBETTA GRAMA PANCHAYATH CHAMUNDIBETTA VILLAGE, MYSORE TALUK REPRESENTED BY ITS PANCHAYATH DEVELOPMENT Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6493 WP No. 53076 of 2016 C/W WP No. 5035 of 2017 OFFICER (PDO)-570001. 4. SRI ESHWARA S/O ALTE CHIKKAIAH @ BETTADA CHIKKAIAH AGED ABOUT 74 YEARS R/AT NO.780, 3RD CROSS NALA STREET, SUNNADA KERI, K.R.MOHALLA, MYSORE-570001. …RESPONDENTS (BY SRI. B J SOMAYAJI.,ADVOCATE FOR R-1 TO R-3; SRI. S.N.NAIK., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY R-1 AT ANNEXURE-Q DATED 22.08.2016 BY DIRECTING THEM TO RE-ENTER THE NAME OF THE PETITIONER IN OFFICIAL RECORDS IN RESPECT OF HER PROPERTY, ETC. IN WP NO. 5035/2017 BETWEEN: 1. SMT SUBBULAKSHMI DEVI W/O MAHADEVA SWAMY AGED ABOUT 46 YEARS #66/1, NAYAKS STREET CHAMUNDI HILL, MYSORE TALUK MYSORE DISTRICT-570001 ...PETITIONER (BY SRI. SRIDHAR A G., ADVOCATE) AND: 1. THE TALUK PANCHAYAT MYSORE-570001 REPRESENTED BY ITS EXECUTIVE OFFICER 2. THE OFFICE OF THE CHAMUNDIBETTA GRAMA PANCHAYAT CHAMUNIBETTA VILLAGE, MYSORE TALUK-570001. - 3 - NC: 2025:KHC:6493 WP No. 53076 of 2016 C/W WP No. 5035 of 2017 REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER(PDO) 3. SRI ESHWARA S/O LATE CHIKKAIAH @ BETTADA CHIKKAIAH, AGED ABOUT 74 YEARS, R/AT NO.780, 3RD CROSS, NALA STREET, SUNNADA KERI, K.R.MOHALLA, MYSORE-570001. 4. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LTD MYSORE, CHAMUNIPURAM SUB-DVISION, MYSORE-570001. REPRESENTED BY ITS ASSISTANT EXECUTIVE ENGINEER(V) 5. VANI VILASA WATER SUPPLY BOARD SUB-DIVISION, YADAGIRI, MYSORE-570001, REPRESENTED BY ITS ASSISTANT EXECUTIVE ENGINEER ...RESPONDENTS (BY SRI. B.J.SOMAYAJI., ADVOCATE FOR R-1 & R-2; SRI. S.N.NAIK., ADVOCATE FOR R-3; R-4 & R-5 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TODIRECT THE R-4 TO RESTORE/RE-CONNECT THE ELECTRICITY SUPPLY IN RESPECT OF THE PETITIONER'S PROPERTY BEARING R.R.NO.CPJC 3465, ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 4 - NC: 2025:KHC:6493 WP No. 53076 of 2016 C/W WP No. 5035 of 2017 ORAL ORDER 1. The prayer in W.P. No.53076/2016 is to quash Annexure-R in which the ultimate order is in the following terms- “F ªÉÄð£À J¯Áè CA±ÀUÀ¼À£ÀÄß ¥Àj²Ã°¸À¯ÁV, WÀ£À £ÁåAiÀÄ®AiÀÄzÀ DzÉñÀªÀ£ÀÄß G®èAWÀ£É ªÀiÁrgÀĪÀÅzÀÄ ¸ÀàµÀÖªÁV PÀAqÀÄ §A¢gÀĪÀÅzÀjAzÀ ªÀÄvÀÄÛ vÀºÀ¹Ã¯ÁÝgï ªÉÄʸÀÆgÀÄ vÁ®ÆèPÀÄ. ªÉÄʸÀÆgÀÄ gÀªÀgÀ G¯ÉèÃR (3) gÀ ªÀgÀ¢AiÀÄ ¥ÀæPÁgÀ ¸ÀªÉð £ÀA. 30 gÀ ¥ÀÇtð d«ÄãÀÄ PÀAzÁAiÀÄ d«ÄãÀÄ DVgÀĪÀÅzÉAzÀÄ ªÀgÀ¢ ¤ÃrgÀĪÀÅzÀjAzÀ ¥ÀAZÁAiÀÄvï gÁeï C¢ü¤AiÀĪÀÄ 1993 ¥ÀæPÀgÀt 269(1)gÀ jÃvÁå 30/1 gÀ 0.04 UÀÄAmÉ d«Ää£À°è ¤«Äð¸À¯ÁVgÀĪÀ ²æêÀÄw ¸Àħâ®QëäzÉë EªÀgÀ SÁvÉAiÀÄ£ÀÄß vÀPÀët¢AzÀ eÁjUÉ §gÀĪÀAvÉ ¤AiÀĪÀiÁ£ÀĸÁgÀ gÀzÀÄÝ¥Àr¸À®Ä DzÉò¹zÉ.” 2. The petitioner has had the benefit of interim order on 08.11.2016 and consequentially this order has not been given effect to. 3. Learned counsel for the petitioner points out that the contesting respondent, namely, respondent No.4 had instituted a suit in O.S. No.1829/2013 seeking for a - 5 - NC: 2025:KHC:6493 WP No. 53076 of 2016 C/W WP No. 5035 of 2017 declaration in respect of the very same property in question. 4. In the light of the above, it is obvious that the impugned order by which action is directed to be taken to cancel the katha would be untenable. The impugned is, therefore, set aside. 5. It is made clear that the Authorities shall abide by the decision rendered by the Civil Court in O.S. No.1829/2013. This Writ Petition is, accordingly, disposed of. 6. W.P. No.5035/2017 is filed seeking for a direction to respondent No.4 to restore/re-connect the electricity supply in respect of the property in question. 7. This Court while entertaining this Writ Petition passed an interim order on 22.02.2017 directing immediate re-connection of electricity to the petitioner. - 6 - NC: 2025:KHC:6493 WP No. 53076 of 2016 C/W WP No. 5035 of 2017 8. Learned counsel appearing for the Panchayat submits that this order has been implemented. 9. In view of the order passed in W.P. No.53076/2016 and the fact that the electricity has been restored to the petitioner’s installation, no further orders are required in this Writ Petition, and therefore, this Writ Petition is dismissed as having become unnecessary. 10. In view of the disposal of the petitions, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 39