P MAHESHKAR Vs. BRUHAT BENGALURU MAHANAGARA PALIKE
LAWS(KAR)-2017-8-40
HIGH COURT OF KARNATAKA
Decided on August 02,2017

P Maheshkar Appellant
VERSUS
Bruhat Bengaluru Mahanagara Palike Respondents

JUDGEMENT

Vineet Kothari, J. - (1.)The petitioners have approached this Court by way of these writ petitions with the following prayers:-
"(i) Issue a writ in the nature of certiorari to quash the order bearing No.Ward132/PR/23/14- 15/16-17 dated 14-03-2017 passed by the Respondent No.2 vide Annexures-K to the writ petition.

(ii) Issue a writ in the nature of mandamus directing the Respondent No.5 to restore the electricity power supply to the schedule property as per R.R.No.N2EH-104566 to N2EH-104570 and not to interfere with the electricity power supply to the schedule property at the instance of Respondent Nos.3 & 4.

(iii) Pass such other orders as this Hon'ble Court deems fit in the facts and circumstances of the case.

(2.)The petitioners are aggrieved by the order passed by the 2nd Respondent-Assistant Revenue Officer, BBMP, Gali Anjaneya Swamy Temple Sub- Division, Hampinagar, Bengaluru, passed on 14.03.2017 canceling the khata entries made in favour of the petitioners on the basis of Registered Sale Deed in their favour and restoring it in the name of predecessorin- title Mr.Susainathan and on the basis of such change of khata entries by the A.R.O, the Respondent-BESCOM disconnected the power supply of the petitioners.
(3.)The petitioners have approached this Court earlier by way of W.P.Nos.3848-49/2016 and this Court was pleased to pass the following order on 07.04.2016 in the said writ petitions:-
"3. The petitioners submit that Katha was entered in the name of the petitioners on the basis of the sale deed dated 25.06.2012 and 27.06.2012 and the same was continued in favour of the petitioners till the same was not cancelled. When the katha was entered in the name of the petitioners the respondents No.5 and 6 made an application/complaint before the respondent Corporation regarding the transfer of Katha originally in favour of Kamalamma and then in favour of the petitioners and the very same property was purchased by the respondents No.5 and 6. The respondent Corporation on the basis of the objections and complaint made by the respondents 5 and 6 changed the katha which was registered in name of the petitioners in the year 2012. They further submit that before cancellation of the Katha, petitioners were not issued any notice or provided an opportunity to their say. Hence, petitioners are before this court.

4. Under these circumstances, the cancellation order is quashed and no prejudice is caused to the respondent-Corporation, if they are directed to issue notice to the petitioners and provide them an opportunity to their say and to pass an appropriate order for change of katha. Till then electricity connection shall not be disconnected".



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