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2025 DAILYLAW 33178 (KAR)

SMT JAYALAKSHMI v. THE PRESIDENT

WP/28338/2024 · 2025-01-10

N S Sanjay Gowda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1065 WP No. 28338 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 28338 OF 2024 (LB-RES) BETWEEN: SMT. JAYALAKSHMI W/O LATE RANGASWAMY, AGED ABOUT 66 YEARS, R/AT SINGRIHALLI VILLAGE, KOLALA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT-572 129 …PETITIONER (BY SRI. PURNACHANDRA M PURANIK, ADVOCATE) AND: 1. THE PRESIDENT GRAM PANCHAYAT, ELERAMPURA VILLAGE, KORATAGERE TALUK, TUMAKURU DISTRICT-572 129 2. PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, ELERAMPURA VILLAGE, KORATAGERE TALUK, TUMAKURU DISTRICT-572 129 3. EXECUTIVE ENGINEER, BESCOM, Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1065 WP No. 28338 of 2024 MADHUGIRI SUB DIVISION, MADHUGIRI, TUMAKURU-572 132 …RESPONDENTS (BY SRI. A. NAGARAJAPPA, ADVOCATE FOR R1 AND R2; SMT. PUSHPAKANTHA, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO.SUM.GRA.PUN.A.CR.ENDORSEMENT 2/2024-25 DATED 28.06.2024 (ANNEXURE-C) ISSUED BY THE R-2 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER Learned counsel for the petitioner submits that W.P.No.28338/2024 may be considered independently since the only issue is the refusal by the Panchayat to grant NOC. Accordingly, W.P.No.28338/2024 is taken up for consideration. 2. Annexure - C indicate that the Panchayat has refused to grant NOC for the petitioner to avail of an electricity connection on the ground that a suit in - 3 - NC: 2025:KHC:1065 WP No. 28338 of 2024 O.S.No.7/2022 has been instituted by the petitioners in W.P.No.18361/2023. It is not in dispute that only interim order granted in O.S.No.7/2022 is an injunction to restrain the petitioner in W.P.No.28338/2024 to alienate or create third party interest. 3. In that view of the matter, it is obvious that the Panchayat could not have refused to grant NOC to the petitioner to avail of electricity connection. Accordingly, the writ petition is allowed. Annexure - C is quashed and the Panchayat is directed to issue NOC to the petitioner to avail of electricity connection. 4. It is needless to state that the grant of NOC will be subject to the result of W.P.No.18361/2023 and also the suit i.e., O.S.No.7/2022 said to be pending between the parties. Sd/- (N S SANJAY GOWDA) JUDGE MH/- List No.: 1 Sl No.: 48 CT:SNN