S SIDDARAJU Vs. BANGALORE ELECTRICITY SUPPLY COMPANY

JUDGEMENT

(1.) PETITIONER aggrieved by the action of the second respondent insisting to produce a No Objection Certificate under the Karnataka Panchayath Raj Act, 1993 to obtain "Electricity Connection" to the hollow cement brick manufacturing unit belonging to the petitioner, and the disconnection of electric supply by the first respondent on 20.03.2014 under endorsement Annexure -S, has presented this petition.

(2.) IN the memorandum of writ petition, it is stated that petitioner and third respondent though full brothers are litigating over title to immovable property amongst others, being land bearing Sy.No.55 measuring about 1 acre 5 guntas at Heggadadevanapura village, Dasanapura Hobli, within the territorial jurisdiction of Alur Gram Panchayath, in O.S.No.124/2013 in which the third respondent (elder brother of the petitioner) when unsuccessful in obtaining an order of temporary injunction restraining petitioner herein and others from changing the nature of the suit properties, challenged the same in MFA Nos.3642 and 3978 of 2013, which stood dismissed by order dated 19.09.2013 Annexure -A.

(3.) IT is the further allegation of the petitioner that at the instance of the third respondent, an endorsement dated 17.12.2013 Annexure -'G' was issued by the second respondent Panchayath stating that a notice when caused to produce the general licence, No Objection Certificate and tax paid receipt, petitioner had asserted that they were lost, hence, the petitioner's application for 60 HP power supply cannot be processed until conclusion of the civil dispute. In addition, it is alleged that the second respondent issued an endorsement dated 18.12.2013 (Annexure -H) to the third respondent stating that it had not issued license to establish a hollow brick manufacturing unit in Sy.No.55, followed by yet another endorsement dated 20.05.2013 Annexure -'J' to the very same effect. The second respondent is said to have issued a show cause notice dated 03.01.2014 Annexure 'K' to the petitioner stating that the Panchayath had not issued general license and No Objection Certificate to obtain power supply. Petitioner asserts that he paid the property tax as per receipt (Annexure -L), in respect of land bearing Sy.No.55 put to use for industrial purpose. Petitioner having made an application under the Right to Information Act was responded to by Annexure -M of the second respondent confirming the fact of having received Rs.30,000/ - towards property tax.