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2025 DAILYLAW 72614 (KAR)

SRI. SHIVANNA v. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (CHESCOM)

WP/25341/2024 · 2025-07-21

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27204 WP No. 25341 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 25341 OF 2024 (GM-KEB) BETWEEN: SRI. SHIVANNA S/O LATE BYATAGA NAYAKA, AGED ABOUT 49 YEARS, PROPRIETOR M/S. S.B.INDUSTRIES, R/O SINDHUVALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALLUK AND DISTRICT - 571 311. …PETITIONER (BY SRI. CHANDRASHEKAR., ADVOCATE FOR SRI. BHARGAV.G., ADVOCATE) AND: 1. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (CHESCOM), GOVERNMENT OF KARNATAKA UNDERTAKING SUB-DIVISION-1, CESC, NANJANGUD, CHAMARAJANAGAR DISTRICT - 571 301. REPRESENTED BY ITS MANAGING DIRECTOR. 2. ASSISTANT EXECUTIVE ENGINEER (V) WORKS AND EXECUTION SUB-DIVISION-1, CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (CHESCOM), A GOVERNMENT OF KARNATAKA UNDERTAKING NANJANGUD, CHAMARAJANAGAR DISTRICT-571 301. …RESPONDENTS (BY SMT. PADMA.S.UTTUR., ADVOCATE FOR R1 & 2) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27204 WP No. 25341 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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.Chandrashekar., counsel on behalf of Sri.Bhargav.G., for the petitioner and Smt.Padma S.Uttur., counsel for respondents 1 and 2 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: a. Issue a Writ of Certiorari or any other appropriate writ or order, quashing Annexure-A notice dated 07/08/2024 vide No.SA KA.NIM(V)(THA) 2024/25/1319-22 issued by the respondents herein as illegal and unsustainable. b. Issue a writ of mandamus or any other appropriate writ or order, directing the respondents to restore power supply to the petition schedule industrial plot bearing No.1-A- 51, Adakanahalli Industrial Area, Mysuru District. - 3 - HC-KAR NC: 2025:KHC:27204 WP No. 25341 of 2024 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that an intimation letter has been issued by the second respondent - Assistant Executive Engineer, to the petitioner on 07.08.2024 intimating the petitioner to furnish the documents with regard to the complaint within ten days, failing which they would take steps in accordance with law. The petitioner submitted a reply on 14.08.2024. The grievance of the petitioner is that without considering the reply, the respondents have taken coercive steps to disconnect the power supply. Hence, the petitioner is before this Court. Taking note of the fact that the petitioner has already filed a reply, this Court deems it proper to direct the authority to consider the reply in accordance with the law. The petitioner is at a liberty submit one more reply to the intimation letter issued by the second respondent within two weeks from the receipt of certified copy of the order. Upon receipt of such - 4 - HC-KAR NC: 2025:KHC:27204 WP No. 25341 of 2024 reply, the authority concerned shall consider the same in accordance with the law. By an interim order dated 18.09.2024, the power connection was restored. The CESCOM Authority shall not precipitate the matter to disconnect the power supply till the consideration of the reply. Needless to observe the petitioner shall pay the regular consumption charges. 5. 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.: 19