LAWS(KAR)-2011-6-186

SOBHA DEVELOPERS LTD., REPRESENTED BY THE MANAGER SRI RAGHAVENDRA H.S. S/O SHIVASHANKAR H.V. Vs. THE BANGALORE ELECTRICITY SUPPLY COMPANY LTD., REPRESENTED BY THE GENERAL MANAGER AND THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O AND M SUB DIVI

Decided On June 17, 2011
Sobha Developers Ltd., Represented By The Manager Sri Raghavendra H.S. S/O Shivashankar H.V. Appellant
V/S
Bangalore Electricity Supply Company Ltd., Represented By The General Manager And The Assistant Executive Engineer (Electrical) O And M Sub Divi Respondents

JUDGEMENT

(1.) SRI . V.Y. Kumar, learned Counsel is directed to take notice for the Respondents. In this writ petition, Petitioner is seeking a direction to the 1st Respondent -Bangalore Electricity Supply Company Limited, Bangalore, to consider the representations submitted by them on 01.04.2011, 02.04.2011 and 05.04.2011 vide Annexures -D, E and F respectively and pass appropriate orders thereon. A direction is also sought to the 2nd Respondent -Assistant Executive Engineer to restore the temporary power supply to the Petitioner's premises as approved vide order dated 04.11.2010.

(2.) THE Petitioner is a Company engaged in construction industry. Petitioner was sanctioned temporary power supply vide order dated 04.11.2010 at the construction site situated in Sy Nos. 30, 33, 34/1, 34/2 of Thimmegowdana Hosahally Village, Devanahally Taluk, Devanahally. The said temporary power supply given to the Petitioner premises was disconnected on 09.03.2011. However, the same came to be subsequently restored by the intervention of the Managing Director.

(3.) ACCORDING to the Petitioner the allegations made against the Petitioner -Company are false and baseless and that there was no theft of electricity. Petitioner further contends that a provisional order in terms of Clause 42.06 of Conditions of Supply of Electricity of Distribution Licenses in the state of Karnataka came to be issued notifying the Petitioner that a sum of Rs. 33,22,963.00 was proposed to be levied as back billing charges and the Petitioner could submit his reply within fifteen days from the date of receipt of the provisional order/communication. After the receipt of this letter dated 25.03.2011, the Petitioner has addressed the representations at Annexure -D to the 1st Respondent and Annexures -E and F to the Managing Director of the 1st Respondent -Company. In fact, in the said communications the Petitioner has narrated the events that led to the disconnection of electricity supply to the premises causing serious loss and hardship for the business of the Petitioner.