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Karnataka High Court · body

2013 DIGILAW 1436 (KAR)

M. N. Yogesh v. Assistant Executive Eng. (Electricity) City Sub-Division, B. E. S. C. O. M.

2013-12-20

B.S.PATIL

body2013
ORDER : B.S. Patil, J. 1. In this writ petition, petitioner is seeking a writ of mandamus against the 1st respondent-Assistant Executive Engineer (Electricity), BESCOM, Channapatna in Ramnagar District to restore the electricity supply by installing the meter to the shop premises bearing No. 1004/4, J.C. Road, 'A' Division, Channapatna Taluk, Ramnagar District. The case of the petitioner is that he is in occupation of the premises as a tenant. The 2nd respondent-owner of the premises has written to the 1st respondent-Assistant Executive Engineer to disconnect the electricity supply to the shop in occupation of the petitioner as the petitioner did not pay the arrears of electricity charges and the rents. Based on such intimation given by the 2nd respondent, the 1st respondent has disconnected the electricity supply. This has made the petitioner to approach this Court in this writ petition. 2. Learned counsel for the petitioner submits that since essential supply like electricity has been disconnected, petitioner who is the occupant of the shop premises is deprived of the opportunity to run the business and eke his livelihood. 3. The 2nd respondent who is represented by Sri. Boregowda, learned counsel submits that the petitioner has not paid the rents for the last eight months and also the electricity charges to the tune of Rs. 5,262/-. It is his submission that the 2nd respondent was forced to pay the electricity charges, which made him to request the authorities to disconnect the electricity supply. 4. Learned counsel for the petitioner has kept his party present. He has brought the Demand Drafts towards electricity charges and also the rental arrears for the last eight months in a sum of Rs. 3,000/- per month. The said Demand Drafts have been handed over to the 2nd respondent. The receipt of which is acknowledged by him. In the light of the above, this writ petition is disposed of directing the 1st respondent to restore the electricity supply to the premises in question forthwith by collecting such charges that may be permissible from the 2nd respondent. Such installation charges shall be immediately paid by the 2nd respondent. Petitioner shall continue to pay the electricity charges and the rent regularly. The above observations shall not come in the way of both the parties in prosecuting their cases pending in other Courts.