Sri V. Devendrappa vs The General Manager (El)., Power Purchase and The Asst. Executive Engineer (Ele).

S. Abdul Nazeer, J.—The Petitioner claims to be the owner of the property bearing site No. 91, katha No. 61 carved out the land bearing Sy. No. 16/3 situated at Dodda Bidarakallu village, Yeshwanthapura Hobli, Bangalore North TaluK having purchased the same under a sale deed at Annexure ''A'' dated 18.1.2008. It is further contended that after the purchase of the said property, katha of the said property has been transferred in his favour as per Annexure ''B'' He has constructed a house on the said site. He made an application to the second Respondent for supply of power to his house. In response to the application, the second Respondent has sanctioned power supply as per Annexure ''H'' and an agreement to that effect also has been executed by the Petitioner as per Annexure ''F'' At this stage, the second Respondent has sent a communication as per Annexure ''M'' dated 25.8.2010, which is as under:

To

Sri V. Devendrappa, S/o Veeranna, No. 91, D.B. Kallu, Bangalore.

Sir,

Subject: A/P/S to Sri V. Devendrappa S/o Veeranna, No. 91, D.B. Kaliu, Bangalore.

Reference: Your letter dated 23.8.2010.

***

With reference to the above, as per the directions of General Manager (El), Power Purchase, Corporate Office, K.R. Circle, Bangalore, has directed not to process the application as the case is pending in the Hon''ble Court of PRL City Civil and Sessions Judge at Bangalore, vide injunction suit No. OS. 25056/2008 from Smt. Sathyavathi W/o Rudrappa has raised dispute to this site and the order sheet issued from Hon''ble Court is enclosed herewith.

Yours faithfully,

Sd/- Asst. Executive Engineer (El) N4-Sub-Diviison, BESCOM, Peenya, Bangalore.

The Petitioner has challenged the said communication in this writ petition.

I have heard the learned Counsel for the parties.

It is evident from the materials on record that Smt. P.R. Sathyavathy had filed a civil suit in O.S. No. 25056/2008 against Chandrappa on the file of the Additional City Civil Judge at Bangalore for injunction contending that she is the owner of the property in quest ion. In the said suit, the court below has passed an interim order dated 8.1.2008 holding that the Plaintiff therein has made out a prima facie case that she is the owner of the property in question. An order of temporary injunction has been passed in favour of the Plaintiff therein. That is why the General Manager (El), Power Purchase, K.R. Circle, Bangalore, has directed the second Respondent not to process the application of the Petitioner for power supply pending disposal of the said suit. It is also evident that before taking the decision as per Annexnre ''M'' the Petitioner has not been heard.

Therefore, the communication at Annexure ''M'' sent by the second Respondent is hereby quashed. The second Respondent is directed to issue notice to the Petitioner and also to the Plaintiff and the Defendant in O.S. No. 25056/2008 and thereafter pass appropriate orders relating to service of power supply to the house in question in accordance with law. Writ petition stands disposed of accordingly. No costs.