M/S PALACE STONES, A PARTNERSHIP FIRM REGISTERED v. ASSISTANT GENERAL MANAGER (ELECTRICITY)
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
Judgment
A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF INDIAN PARTNERSHIP ACT, 1932, NO.52, DOUBLE ROAD, OPP SBI BANK, JIGANI INDUSTRIAL AREA, 2ND PHASE, JIGANI, BENGALURU-562106, REPRESENTED BY ITS PARTNERS.
2. SRI R K BHUTRA @ RAJENDRA KUMAR BHUTRA, AGED ABOUT 51 YEARS, OCCUPATION BUSINESS, NO.52, DOUBLE ROAD, OPP SBI BANK, JIGANI INDUSTRIAL AREA,2ND PHASE, JIGANI, BENGALURU-562106. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
3. SMT KALPANA BHUTRA, AGED ABOUT 45 YEARS, W/O RAJENDRA KUMAR BHUTRA, OCCUPATION BUSINESS, NO.52, DOUBLE ROAD, OPP SBI BANK, JIGANI INDUSTRIAL AREA, 2ND PHASE, JIGANI, BENGALURU-562106. (BY SRI SANJAY NAIR, ADVOCATE) AND: …PETITIONERS
ASSISTANT GENERAL MANAGER (ELECTRICITY), MALLESHWARAM POLICE STATION, NO.297, MNR COMPLEX, 17TH CROSS, SAMPIGE ROAD, BESCOM, VIGILANCE, - 2 - NC: 2025:KHC:1723 WP No. 5599 of 2020 BENGALURU-560003.
ASSISTANT EXECUTIVE ENGINEER (ELECTRICITY) MALLESHWARAM POLICE STATION, NO.297, MNR COMPLEX, 17TH CROSS, SAMPIGE ROAD, BESCOM VIGILANCE, BENGALURU-560003.
THE EXECUTIVE ENGINEER (ELEC) OPERATION AND MAINTENANCE DIVISION, BESCOM, MALLESHWARAM, BENGALURU-560003.
ASSISTANT EXECUTIVE ENGINEER (ELECTRICITY) JIGANI SUB DIVISION, JIGANI-562106, DIST; BENGALURU.
THE DEPUTY GENERAL MANAGER BESCOM VIGILANCE, BESCOM CORPORATE OFFICE, AMBEDKAR VEEDHI, K R CIRCLE, BENGALURU-560001. (BY SRI H V DEVARAJU, ADVOCATE) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED DEMAND NOTICE DATED 10.02.2020 ISSUED BY THE R-3 VIDE ANNEXURE-H. DIRECT THE RESPONDENTS TO RESTORE THE SUPPLY OF ELECTRICITY TO THE INSTALLATION BEARING R.R.NO.AKLHT-703. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE - 3 - NC: 2025:KHC:1723 WP No. 5599 of 2020 ORAL ORDER Heard the learned counsel appearing for the petitioners and the learned counsel appearing for respondents.
2. The petitioner is before this Court assailing the demand notice dated 10.02.2020 marked at Annexure-H issued by 3rd respondent.
3. It is not in dispute that petitioners are consumers of electricity and the electricity supply was sanctioned vide order dated 27.06.2013 marked at Annexure-C. The impugned demand notice is issued on the premise that the petitioners have been using electricity in contravention of the sanctioned supply. It is alleged by the respondents that the consumer has been using electricity bypassing the electric meter pursuant that the impugned notice is issued.
4. Learned counsel for the petitioners would contend that the procedure contemplated under Regulation 42.06 of the Karnataka Electricity Regulatory Commission (Electricity Supply and Distribution), Code, 2000-01 is not followed. - 4 - NC: 2025:KHC:1723 WP No. 5599 of 2020
5. On perusal of the said Regulation, it would reveal the authorised officer shall issue a provisional assessment notice indicating the demand to the concerned person within 3 days from the date of inspection and he has to provide 7 days time, to the consumer to file objections to the said provisional demand.
Learning counsel appearing for the respondents would fairly submit that this procedure is not complied.
Hence, petitioner has made out a case to pass an appropriate order.
This Court is of the view that an opportunity should be given to the petitioners to file objection to demand notice at Annexure-H. The same shall be filed within 7 days from the date of receipt of the copy of this order. The petitioners shall submit his reply to 4th respondent within 7 days from the receipt of the copy of this order. On such receipt of response, respondents shall pass appropriate orders in accordance with law. - 5 - NC: 2025:KHC:1723 WP No. 5599 of 2020
It is also noticed that the petitioners have deposited 20% of the amount demanded in terms of impugned notice and on such deposit, this Court has passed an order for restoration of electricity supply to the petitioners, the same arrangement shall continue. Amount in deposit shall be adjusted to any arrears or demand subject to the outcome of the proceeding before the Competent Authority.
It is made clear that nothing is expressed on the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 44
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.