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Judgment
B.S. Patil, J.—In these writ petitions, petitioner is seeking a writ of mandamus against the respondents-the Bangalore Electricity Supply Company (for short ''BESCOM'') and the Assistant Executive Engineer (Electrical), BESCOM, Rajajinagar, Bangalore, to sanction permanent power supply to the installations bearing R.R. No. NIMSEH 32010 to 32016 by considering the representation submitted by the petitioner on 27.05.2013. It is the case of the petitioner that he has constructed a building in property bearing No. 80/C situated at 20th B Main, I R Block, Rajajingar, Bangalore-10. According to the petitioner, apartment constructed over this property was strictly in accordance with the building bye laws and also in compliance with the other mandatory statutory provisions. It is his assertion that the BBMP has sanctioned the building plan on 16.06.2004 permitting the petitioner to construct the flats.
The BESCOM sanctioned power supply to the building constructed by the petitioner during the year 2007 by installing separate meters bearing R.R. No. NIMSEH 32010 to 32016. Petitioner''s neighbour-respondent No. 3 herein made allegations of deviations in the construction by filing complaint before several Authorities. The Assistant Executive Engineer of the BBMP passed an order holding that there was deviation in the construction and hence, ordered for demolition of a portion of the building.
The petitioner has preferred an appeal before the Karnataka Appellate Tribunal in Appeal No. 1146/04. The Karnataka Appellate Tribunal has passed an Interim order staying the order of demolition passed by the BBMP on condition that the petitioner shall not put up any further construction in violation of the sanction plan. The respondent-BESCOM disconnected the power supply to the building on 24.07.2007. This was apparently on the basis of a report submitted by the Chief Engineer attached to Lokayukta. However, at the request made by the petitioner, temporary power connection to the installation was restored. Though the petitioner has made a request for restoration of the power supply on regular and permanent basis, the respondents have not considered the said request. In this background, the petitioner has approached this Court seeking the aforementioned direction.
I have heard the learned counsel for the parties and perused the materials on record.
It is not in dispute that the question regarding the alleged violation of the sanction plan while putting up construction by the petitioner is pending before the Karnataka Appellate Tribunal. The Appellate Tribunal has stayed the order passed by the Assistant Executive Engineer, BBMP directing demolition of a portion of the building. The BESCOM has now made an arrangement for temporary power supply to the apartment constructed by the petitioner. There are several inhabitants who are occupying the premises. If power supply is disconnected, the inhabitants, will certainly face serious difficulties. Therefore, the temporary arrangement now made deserves to be continued till the final disposal of the dispute pertaining to the alleged illegal construction put up by the petitioner. Request made by the petitioner for a direction to the respondents to restore permanent electricity supply on regular basis has to await final decision to be taken by the Karnataka Appellate Tribunal in the matter. Therefore, making it clear that the respondent-BESCOM shall not resort to disconnection of the power supply which is already in existence to the apartment constructed by the petitioner, these writ petitions are disposed of with an observation that the Karnataka Appellate Tribunal may make all efforts to dispose of the appeal as expeditiously as possible. It is needless to observe that the petitioner has to comply with necessary requirements for renewal of the temporary power supply.