BANGALORE SHIRT COMPANY PRIVATE LIMITED Vs. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY

JUDGEMENT

(1.) The petitioner has filed the present writ petition for Writ of Certiorari to quash the impugned notice dated 13.06.2018 issued by respondent No.3 as per Annexure H for disconnection of power supply of 500 KVA to the petitioner in the interest of justice.

(2.) It is the case of the petitioner that the petitioner is a company involved in manufacturing of garments apparel and materials and employed around 1000 employees and sister concern of the respondent No.5. Respondent No.4 and 5 have entered into a lease dated 06.11.2014 along with the amendment lease deed dated 06.11.2014 as per Annexure 'B' series, for lease of the property bearing No. 28C, 2nd Phase Peenya Industrial Town consisting of Ground Floor, First Floor, Second Floor measuring approximately 1,32,00 sq.ft. on a monthly rent of Rs.13,00,000/- from 01.11.2014 to 31.10.2024 with a periodic interest escalation of 10%.

(3.) It is further contended that as per the lease deed dated 06.11.2014, the 5th respondent i.e., lessee is authorized to permit the use of the lease premises and any part thereof to its sister concern, if any. The 5th respondent proceeded to sub-lease the premises to the petitioner vide sub lease deed dated 16.10.2017 and 30.11.2017 as per Annexure 'C' series. The petitioner submits that it has augmented, the effective use of the premises in order to get the adequate power supply of 500 KVA on 03.01.2018, the same was granted as per Annexure 'E'. Accordingly, the petitioner has paid a sum of Rs.11,08,426/- towards the provision of the new power supply as per sanction letter dated 22.02.2018 and it has been utilizing the same. Despite following the pre-requisite norms of respondent No.2, the petitioner has received the impugned notice dated 13.06.2018 passed by respondent No.2 whereby the power supply to the petitioner has been disconnected. Therefore, the petitioner is before this Court.