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The Air Corporations Act, 1953

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Karnataka High Court
Sri M Kuppuswamy S/O Late ... vs M/S Bangalore Electricity Supply ... on 21 January, 2013
Author: H N Das
                              1




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 21ST DAY OF JANUARY, 2013

                              BEFORE

    THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

        WP Nos. 40345/2012 & 41129/2012(GM-KEB)

BETWEEN :

Sri M.KUPPUSWAMY
SON OF LATE MUTHUSWAMY
AGED ABOUT 68 YEARS
RESIDING AT No.36, 12-B CROSS,
GUBBANNA LAYOUT, 6TH BLOCK,
RAJAJINAGARA,
BANGALORE - 560 010.
                                           .. PETITIONER

(By Sri : N.J.RAMESH, ADV.)


AND :


1. M/S BANGALORE ELECTRICITY
   SUPPLY COMPANY LTD.,
   K.R.CIRCLE, BANGALORE - 560 001.
   REPRESENTED BY ITS MANAGING
   DIRECTOR.

2. ASSISTANT EXECUTIVE ENGINEER (Elecl.)
   BANGALORE ELECTRICITY SUPPLY
                             2




   CO.,LTD., WEST-3, SUB-DIVISION,
   No.113-B, MEHATHA CENTRE,
   I FLOOR, MAGADI ROAD,
   BANGALORE - 560 023.
                                              ... RESPONDENTS

(By Sri : B.RUDRA GOWDA, ADV.)


     THESE WRIT PETITIONS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 31.08.2012 ISSUED BY THE SECOND
RESPONDENT ASSISTANT EXECUTIVE ENGINEER (Elecl.),
PRODUCED AT ANNEXURE-J AND ETC.

      These petitions coming on for preliminary hearing 'B'
group, this day, the court made the following;

                            ORDER

In these writ petitions the petitioner has prayed for a writ in the nature of certiorari to quash the notice dated 31.08.2012, Annexure-J issued by the second respondent as to why the power connection to the workshop run by the petitioner shall not be disconnected.

2. Petitioner was running a workshop by obtaining license from the Bruhath Bangalore Mahanagara Palike (BBMP). On the basis of license issued by the BBMP respondent - 3 BESCOM provided power supply. Since the BBMP cancelled the license issued by it in favour of petitioner, the BESCOM issued the impugned notice to disconnect the power. In the circumstances, the petitioner is before this court.

3. Against the order of BBMP cancelling the trade license petitioner approached this court in W.P.No.47880/2012. This court vide order dated 28.11.2012 disposed W.P.No.47880/2012 with an observation as under:

"Learned counsel for the respondents would point out that against such order, an appeal is provided under Section 444 of the Karnataka Municipal Corporations Act, 1964. Considering that the petitioner has an alternate remedy, the petitioner would have to avail the same. However, keeping in view the request made by the learned counsel for the petitioner that in the meanwhile, the matter would be precipitated, the petitioner is granted three weeks time to file his appeal before the competent authority. The impugned order shall remain stayed till an appeal 4 is filed and any interim orders are passed by the appellate authority. With the above liberty, the petition stands disposed of.

4. Subsequent to the disposal of W.P.No.47880/2012 petitioner has filed an appeal before the Appellate Authority of BBMP and the same is pending adjudication. In view of the order of this court and that the appeal is pending, the writ petitions are hereby disposed of directing the respondent BESCOM not to enforce the impugned notice Annexure-J dated 31.08.2012 till the disposal of the appeal before the Appellate Authority of BBMP. Ordered accordingly.

Sd/-

JUDGE.

DKB