V. DEVENDRAPPA S/O VEERANNA Vs. THE GENERAL MANAGER (EL)., POWER PURCHASE AND THE ASST. EXECUTIVE ENGINEER (ELE).

JUDGEMENT

(1.) 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.

(2.) I have heard the learned Counsel for the parties.

(3.) 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.