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2025 DAILYLAW 87229 (KAR)

SUSHEELAMMA v. CHAMUNDESHWARI ELECTRICITY SUPPLYCORPORATION LTD

WP/4422/2025 · 2025-07-22

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27476 WP No. 4422 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 4422 OF 2025 (GM-KEB) BETWEEN: SUSHEELAMMA, W/O. LATE JAYAPAL, AGED ABOUT 71 YEARS, RESIDING AT 'JAYAPAL NILAYA', MYSURU ROAD CROSS, BEHIND BDO OFFICE, CHANNARAYAPATNA TOWN, HASSAN DISTRICT - 573 116 …PETITIONER (BY SRI. AJAY KADKOL.T., ADVOCATE) AND: 1. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LTD., OFFICE AT CESC MYSORE, CORPORATE OFFICE, #29, VIJAYANAGARA 2ND STAGE, HINKAL, MYSURU-570017. 2. THE ASSISTANT EXECUTIVE ENGINEER, CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LTD. OFFICE AT CESC MYSORE, CORPORATE OFFICE, #29, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27476 WP No. 4422 of 2025 VIJAYANAGARA 2ND STAGE, HINKAL, MYSURU-570017 …RESPONDENTS (BY SRI. M.C.AMRUTHA VARSHINI., ADVOCATE) 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.Ajay Kadkol.T., counsel for the petitioner and Smt.M.C.Amrutha Varshini., counsel for respondents 1 and 2 have appeared in person. 2. The Notice dated:21.08.2024 issued by the second respondent vide Annexure-A is called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 3 - HC-KAR NC: 2025:KHC:27476 WP No. 4422 of 2025 Counsel for the respondents submits that the petitioner is liable to pay an amount of Rs.36,35,220/-. Hence, the authority is justified in issuing the show cause notice. 4. Suffice it to note that a show cause notice dated 21.08.2024 was issued to the petitioner calling upon him to pay a sum of Rs.36,35,220/-. The petitioner without submitting a reply, has invoked the writ jurisdiction. Hence, this Court deems it proper to direct the petitioner to submit a suitable reply to the notice within three weeks from the receipt of certified copy of this order. Upon receipt of such reply, the authority concerned shall consider the same in accordance with the law. A submission was made on behalf of the respondents that the power supply was never disconnected. However, a perusal of the daily order sheet reflects that an interim order was passed on 13.02.2025 directing the respondents to restore the power supply to the petitioner's premises. Hence, the respondent - authorities are directed not to take coercive steps for disconnection of the power supply to the petitioner's premises, till consideration of the reply that would be submitted - 4 - HC-KAR NC: 2025:KHC:27476 WP No. 4422 of 2025 by the petitioner. 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. Because of disposal of the writ petition the pending interlocutory applications if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP/KMV List No.: 1 Sl No.: 7