P SHYAMARAJU Vs. KARNATAKA ELECTRICITY BOARD BANGALORE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, Mr. Ashok harnahalli for bangalore mahanagara palike and Mr. N. k. gupta for k. e. b.

(2.) THE present writ petition has been filed for directing the respondent-electricity board to supply electric energy to the commercial complex bearing No. 30, situate on mission road, sampangiramanagar, bangalore-27. In the present case, admittedly the electric connection is not being given to the premises in question for want of occupancy certificate as required to be issued by the respondent-corporation under Section 310 of the Karnataka municipal corporations act, 1976. The petitioner has specifically averred that the application in the prescribed form for grant of the said certificate had been filed with the corporation on 11-11-1995 (annexure-f) with the completion certificate. But till date, to his knowledge, no Order thereon has been passed. In the said view of the matter as provided under clause (b) of sub-section (2) of Section 310 there will be a deemed grant of completion certificate.

(3.) SUB-SECTION (2) of Section 310 reads thus :" (2) no person shall occupy or permit to be occupied any such building or part of the building or use or permit to be used the building or part thereof affected by work, until, (a) permission has been received from the commissioner in this behalf; or (b) the commissioner has failed for 30 days after receipt of the notice of completion to intimate his refusal of the said permission". The foundational facts stated on behalf of the petitioner has not been controverted by the respondent-corporation by filing any counter-affidavit. Accordingly, the present writ petition being disposed of with a direction to the respondent-electricity board to supply energy to the complex of the petitioner immediately provided he has complied with the other statutory requirements requiring such completion. Writ petition is accordingly allowed. No costs.