KARNATAKA ELECTRICITY BOARD Vs. K SHANTHARAMA NAYAK

JUDGEMENT

(1.) THE appellant is the Karnataka Electricity Board challenging decree in this appeal granted for supplying electric power to the plaintiff. This court has been taking the construed view that the suit against the karnataka Electricity Board is not maintainable. Following the dictum in Punjab State Electricity Board and Another v Ashwani, Kumar : "ordinarily, the Civil Court has jurisdiction to go into and try the disputed questions of civil nature, where the fundamental fairness of procedure has been violated. The statutory circulars adumbrated above do indicate that a fundamental fairness of the procedure has been prescribed in the rules and is being allowed. By necessary implications, the cognizance of the civil cause has been excluded. As a consequence, the Civil Court shall not be justified in entertaining this suit and giving the declaration without directing the party to avail of the remedy provided under the Indian electricity Act and the Indian Electricity (Supply) Act and the instructions issued by the Board in that behalf from time to time". In view of the above dictum, the suit is not maintainable. It is also seen that the appeal been provided under the Karnataka Regulation Act and that remedy must be availed by the plaintiff before the plaintiff seeks remedy in the Civil Court.

(2.) CONSEQUENTLY, the second appeal is allowed and the suit is dismissed. However, the plaintiff is given an opportunity to move the authorities under the regulation in the redressal of the grievance. On an application made by the plaintiff, within one month from the date of the receipt of the certified copy and dispose of the matter within six months thereafter. Till the disposal by the authorities, they shall not disconnect the power provided however the minimum required under the Act is deposited before presenting the appeal before the authorities.