SEBASTIAN Vs. BANGALORE ELECTRIC SUPPLY CO LTD

JUDGEMENT

(1.) The petitioner has sought for a writ of mandamus directing the respondent Nos.2 to 5 to restore the electricity connections to the petitioner's premises by restoring the electricity connection and for other reliefs.

(2.) The petitioner is claiming to be the owner of the property bearing No.76/4, 30th Cross, 4th Block, Jayanagar, Bengaluru-560001, measuring 140' X 170' consisting of residential houses and commercial premises. The official respondents have sanctioned the power supply to the property in question. However, the same is recommended for disconnection based on the opinion of the Bengaluru Mahanagara Palike. A notice dated 24.01.2019 was issued by the Bengaluru Electricity Supply Company Ltd., calling upon the petitioner to furnish the supportive validating records to prove the authenticity of the sanctioned plan relating to the property in question. Reply dated 28.01.2019 was submitted by the petitioner and further vide letters dated 31.01.2019 and 01.02.2019 personal hearing was sought for, before a decision is taken, aggrieved by the notice dated 24.01.2019, the petitioner is before this Court.

(3.) Learned Senior Counsel Sri.Padmanabha V. Mahale representing the learned counsel for the petitioner placing reliance on Section 43 of the Electricity Act, 2003 ['Act' for short] submitted that the owner or occupier of any premises is entitled to power supply which is the basic amenity. The action of the respondent Nos.1 to 5 on the dictation of the other authority giving threat of disconnection of power supply in the event of not producing the documents called for, is nothing but arbitrary exercise of the authorities. Learned Senior Counsel argued that the petitioner was before this Court in the earlier round of litigation and pursuant to the directions issued by this Court, the documents were placed before the Authorities. Being satisfied with the same, direction was issued to continue the power supply. That being the position, taking a contrary view now by the official respondents is wholly unjustifiable.