- 1 - NC: 2025:KHC:6128 WP No. 36429 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 36429 OF 2024 (LB-RES) BETWEEN: 1. SRI.SURESH BHAT S/O LATE MADHAVA BHAT, AGED ABOUT 51 YEARS, 3-105A, AMBHAGILU, UPPUNDA 576232, BYNDOOR TALUK, UDUPI DIST. …PETITIONER (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. THE PANCHAYATH DEVELOPMENT OFFICER UPPUNDA GRAMA PANCHAYATH, UPPUNDA 576232, BYNDOOR TALUK, UDUPI DIST. 2. THE EXECUTIVE ENGINEER MESCOM, BYNDOOR CITY 576214. BYNDOOR TALUK, UDUPI DIST. …RESPONDENTS (BY SRI. ASHOK N.NAYAK., ADVOCATE FOR R-1; SMT. M.C.NAGASHREE., ADVOCATE FOR R-2; I.A.1/2025 FOR IMPLEADING IS REJECTED) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTING THE 1(ST) RESPONDENT TO ISSUE NO OBJECTION CERTIFICATE FOR ELECTRICITY SUPPLY AND TO ISSUE DOOR NUMBER TO THE BUILDING OF THE PETITIONER SHOWN IN THE SCHEDULE, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6128 WP No. 36429 of 2024 THIS PETITION, 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 ORAL ORDER 1. The prayer in this petition is for a direction to the 1st respondent to issue No Objection Certificate (NOC) for supply of electricity and to assign a number to the building of the petitioner shown in the schedule. 2. It is the case of the petitioner that though the Panchayat had granted a licence to him to put up construction and had also passed a resolution to issue a NOC for him to secure electricity connection, the PDO has neither issued the NOC, nor assigned a number to the property of the petitioner. 3. Sri Ashok N.Nayak, learned counsel appearing for the Panchayat submits that though a resolution was passed by the Panchayat, due to the objections of the petitioner’s brother, the PDO had not issued the NOC. He submits that the petitioner’s brother had - 3 - NC: 2025:KHC:6128 WP No. 36429 of 2024 raised objections regarding legality of the construction and therefore, the question of issuing NOC was kept in abeyance. 4. He also submits that the Panchayat ultimately passed a resolution stating that NOC would be issued, but it would be made clear that in the event of any dispute or a legal battle regarding the property in question, said NOC shall not be construed as confirming legitimacy on the structure put up by the petitioner. 5. In my view, since it is not in dispute that the Panchayat had granted building licence to the petitioner to put up construction, it is obvious that the Panchayat would have to grant NOC to the petitioner to enable him to secure electricity connection and it would also have to assign a number to the building constructed by the petitioner. 6. If, ultimately, it is found that the construction of building in question is contrary to any law, it would be open for the Panchayat to initiate action against - 4 - NC: 2025:KHC:6128 WP No. 36429 of 2024 the petitioner, but so long as the building licence was granted to the petitioner by the Panchayat, the petitioner cannot be denied of his right to secure electricity connection. 7. In this case, the petitioner’s brother has also filed an application - I.A.1/2025 seeking his impleadment and contends that he is also a co-owner and has a preliminary decree in his favour in O.S.No.39/2006 and he therefore has a right to object to grant of NOC by the Panchayat in respect of property over which he also has a right. 8. In my view, this argument of the applicant cannot be accepted in these proceedings. If the proposed respondent has a right over the property in question, it would be open for him to initiate proceedings to secure his right over the property in question and it is obvious that if the property in which the building is constructed is allotted to the share of the proposed - 5 - NC: 2025:KHC:6128 WP No. 36429 of 2024 respondent, he would be entitled to utilize the same. I.A.1/2025 is accordingly rejected. 9. In the result, the writ petition is disposed of directing the Panchayat to issue NOC to the petitioner to enable him to secure electricity connection and it shall also assign number to the building constructed by the petitioner both of which shall be done within a period of two weeks from the date of receipt of a copy of this order. 10. It is, however, made clear that the grant of NOC and assigning of number to the building constructed by the petitioner, would not lead to an inference that the Panchayat has accepted the title of the petitioner and the same would be subject to the result of any litigation that may ensue in future. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 86