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2025 DAILYLAW 56197 (KAR)

SRI R SOMASHEKARA REDDY v. THE ASST. EXECUTIVE ENGINEER (ELE)

WP/8333/2025 · 2025-09-22

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38132 WP No. 8333 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 8333 OF 2025 (GM-KEB) BETWEEN: SRI R SOMASHEKARA REDDY, S/O LATE RAMA REDDY, AGED ABOUT 56 YEARS, R/AT IVARAPALLI VILLAGE, YELLAMPALLI POST, BAGEPALLI TAULK - 561 207, CHIKKABALLAPUR DISTRICT. …PETITIONER (BY SRI PRADEEPA T.G., ADVOCATE FOR SRI. ADINARAYANAPPA, ADVOCATE) AND: 1. THE ASST. EXECUTIVE ENGINEER (ELE) BESCOM,BAGEPALLI SUB DIVISION, BAGEPALLLI - 561207 CHIKABALLAPUR DISTRICT. 2. SRI M. HARSHA, S/O VENKATA SHIVAREDDY, AGED ABOUT 38 YEARS, R/AT NO. 26, 4TH CROSS, 1ST MAIN ROAD, B. BASAVALINGAPPA NAGAR BELEKALLAHALLI, BANGALORE - 560 076. …RESPONDENTS (BY SRI CHANNE GOWDA C., ADVOCATE FOR R1; V/O DATED 30.06.2025 NOTICE TO R2 HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER TO THE FIRST RESPONDENT ON DATED- 07/10/2024 WHICH IS PRODUCED AT ANNEXURE-A. II) AND CONSEQUENTLY DIRECT THE 1ST RESPONDENT TO REMOVE THE NEWLY INSTALLED METER IN THE NAME OF HARSHA THE 2ND Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38132 WP No. 8333 of 2025 RESPONDENT VIDE RR NO.BPL16303 AND RESTORE THE POWER CONNECTION IN THE NAME OF THE PETITIONER MR. R.SOMASHEKARA REDDY VIDE RR NO.BPL9358 IN HIS PROPERTY BEARING SY. NO.399 (NEW SY. NO.399/2) OF BAGEPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Seeking writ of mandamus to direct respondent no.1 to consider petitioner's representation dated 07.10.2024 at Annexure-A, and consequently to remove newly installed meter in name of respondent no.2 bearing RR no.BPL16303 and restore power connection to his property in Sy.no.399 (new Sy.no.399/2) of Bagepalli village, Kasba Hobli, Bagepalli Taluk, Chikkaballapur, bearing RR no.BPL9358, this writ petition is filed. 2. Sri Pradeep TG, learned counsel appearing for Sri Adinarayanappa, learned advocate for petitioner submitted, petitioner was owner of land in Sy.no.399, measuring 2 Acres 20 guntas including 20 guntas of kharab. He had purchased said land from one Sri Bhashu Sabi, under sale deed dated 10.05.2002 as per Annexure-B. Thereafter he had got - 3 - HC-KAR NC: 2025:KHC:38132 WP No. 8333 of 2025 converted extent of 1 Acre 25 guntas as per order of Deputy Commissioner dated 24.07.2003 at Annexure-D. Petitioner had sold total extent of 1 Acre 29½ guntas to Sri Venkata Shivareddy, father of respondent no.2 herein, under sale deed dated 15.05.2007. Said Venkata Shivareddy had later gifted land to his son - respondent no.2 herein under registered sale deed dated 08.05.2015 at Annexure-G. He had retained remaining extent of 10½ guntas. Petitioner had constructed house in remaining land and obtained 1KW power connection on 22.10.2005 from respondent no.1 with installation of meter bearing RR no.BPL9358 as per Annexure-K-power supply agreement. However, respondent no.2 misused sale deed by showing house of petitioner as belonging to him and filed application with respondent no.1 for change of power connection in his name. On basis of same, respondent no.1 removed installation standing in name of petitioner and installed meter bearing RR BPL no.16303 in name of respondent no.2, without notice to petitioner. Therefore petitioner submitted representation dated 20.12.2019 as per Annexure-N. He had also got issued legal notice dated 15.10.2022 as per Annexure-Q. Petitioner thereafter submitted - 4 - HC-KAR NC: 2025:KHC:38132 WP No. 8333 of 2025 representation at Annexure-A, which remained without consideration despite lapse of reasonable period of time. Therefore, this writ petition was filed. 3. Sri Channegowda C, learned counsel for respondent no.1 referring to statement of objections opposed writ petition. It was however, fairly submitted, in case petitioner's representation was pending, same would be considered within reasonable time and orders passed thereon. 4. Respondent no.2 is served, but unrepresented. 5. Heard learned counsel and perused material on record. 6. Since only relief sought in this writ petition is writ of mandamus for direction to consider petitioner's representation and counsel for respondent no.1 submitted that same would be considered in accordance with law within reasonable time, petition is disposed of directing respondent no.1 to consider petitioner's representation dated 07.10.2024 at Annexure-A within a period of four weeks from date of receipt of certified copy of this order. - 5 - HC-KAR NC: 2025:KHC:38132 WP No. 8333 of 2025 To enable consideration of representation, petitioner is directed to submit copy of representation at Annexure - A along with certified copy of order to respondent no.1. Needless to state at time considering representation respondent no.1 to provide opportunity to respondent no.2 also and inform result of consideration to parties. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 40