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2025 DAILYLAW 32123 (KAR)

SRI H L UMESH v. THE STATE OF KARNATAKA

WP/23722/2024 · 2025-07-15

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25984 WP No. 23722 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 23722 OF 2024 (GM-KEB) BETWEEN: SRI. H.L.UMESH S/O LOKAPPA GOWDA, AGED ABOUT 47 YEARS, PROP. OF M/S. SRI.SIDDIVINAYAKA STONE CRUSHER, R/AT WARD NO.1, TENKABYLU VILLAGE, HOSANAGARA TALUKA, SHIVAMOGGA DISTRICT-577 418. …PETITIONER (BY SRI. RAVINDRA GAJANAN KOLLE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF ENERGY, ROOM NO.236, 2ND FLOOR, VIKASA SOUDHA, BENGAURU-560 001. EMAIL: prs-energy@karnataka.gov.in. 2. THE DEPUTY COMMISSIONER, O/O THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201. EMAIL: deo shimoga@gmail.com. 3. THE TAHSILDAR, TALUK OFFICE COMPLEX, HOSANAGARA TALUKA, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25984 WP No. 23722 of 2024 SHIVAMOGGA DISTRICT-577 418. EMAIL: tehsil.hosanagar@gmail.com. 4. MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, (MESCOM) A GOVT. OF KARNATAKA UNDERTAKING, 1ST FLOOR, MESCOM BHAVAN, KAVOOR CROSS ROAD, BEJAI, MANGALORE-575 004. REPRESENTED BY ITS MANAGING DIRECTOR, EMAIL: md@mesco.in. 5. THE ASSISTANT EXECUTIVE ENGINEER (E), O AND M SUB-DIVISION, MESCOM, HOSANAGARA DIVISION, SHIVAMOGGA DISTRICT-577 418. EMAIL: aeehnr@ rediffmail.com. 6. THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, KHANIJ BHAVAN, INSPIRA CITY LAYOUT, 'C' BLOCK, KUVEMPU NAGARA, SHIVAMOGGA DISTRICT-577 201. EMAIL: sgshivamogga@gmail.com. …RESPONDENTS (BY SMT. RANSA VASANTHI., HCGP FOR R1 TO 3 & 6; SRI. H.V.DEVARAJU., ADVOCATE FOR R4 & 5) 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.Ravindra Gajanan Kolle., counsel for the petitioner, Smt.Rasna Vasanthi., HCGP for respondents 1 to 3 and - 3 - HC-KAR NC: 2025:KHC:25984 WP No. 23722 of 2024 Sri.H.V.Devaraju., counsel for respondents 4 and 5 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: a. Issue a Writ of Certiorari or any other order or direction directing to quash or set-aside the illegal & erroneous Letter dated 26.03.2024 bearing No.Kallugani/ViVa: (E-248970) 2023-24 issued by the third respondent Thasildar without the authority of law and/or source of power and an Endorsement dated 26.03.2024 bearing No.SaKaNiIm (Vi)/ SaIm(Tam)/HoNa/6404-6405 issued by fifth Respondent - Asst. Executive Engineer vide Annexures B and A, disconnecting Power Supply to Petitioner's HT Installation at RR No.HHT-10 in respect of License No.100 dated 12.04.2019; and/or. b. Issue a Writ of Mandamus or any other order or direction directing the fifth respondent Assistant Executive Engineer MESCOM to immediately restore the power supply to petitioner's Stone Crusher Unit - 4 - HC-KAR NC: 2025:KHC:25984 WP No. 23722 of 2024 at License No.100 dated 12.04.2019 in respect of High-Tension Power Supply Installation at RR No.HHT-10 considering the petitioner's request letter dated 21.03.2024 vide Annexure-E. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 3. Suffice it to note that the MESCOM Authority issued a Communication to the petitioner on 26.03.2024 and intimated that they would disconnect the electricity power connection. The petitioner without submitting a reply, has invoked the Writ jurisdiction. Therefore, this Court deems it proper to direct the petitioner to reply to the communication issued by the fifth respondent. The MESCOM Authority is directed to consider the reply that would be submitted by the petitioner in accordance with the law, within two weeks thereon. By virtue of the interim order dated:30.08.2024, the electricity power connection was restored to the petitioner's premises. Till consideration of the reply, the MESCOM Authority shall not precipitate the matter to disconnect the power supply. - 5 - HC-KAR NC: 2025:KHC:25984 WP No. 23722 of 2024 Needless to observe the petitioner shall pay the regular consumption charges. The Internal Communication dated 26.03.2024 issued by the third respondent vide Annexure-B is quashed. 4. Resultantly, the Writ Petition is disposed of. This Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 10