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1 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 10 TH DAY OF SEPTEMBER 2015 BEFORE THE HON' BLE MR. JUSTICE A.S.BOPANNA WRIT PETITION NO.673/2015(GM-RES) BETWEEN: MAHABALA NAYAK, AGED ABOUT 72 YEARS, S/O LATE SUBBA NAIKA, AGRICULTURIST, R/AT KANNURU OF CHERKADI VILLAGE, POST: PETHRI, UDUPI TALUK, UDUPI DISTRICT – 576215. …PETITIONER (BY SRI. PAVANA CHANDRA SHETTY H., ADV) AND: 1. DEPUTY COMMISSIONER, UDUPI DISTRICT, RAJATHADRI, MANIIPAL, UDUPI – 576 101. 2. THE PANCHAYATH DEVELOPMENT OFFICER, CHERKADY GRAMA PANCHAYATH, BRAHMAVARA, UDUPI TALUK AND DISTRICT – 576101. 2 3. THE PRESIDENT, CHERKADY GRAMA PANCHAYATH, BRAHMAVARA, UDUPI TALUK AND DISTRICT – 576101. 4. EXECUTIVE ENGINEER, MESCOM, UDUPI DIVISION, MARUTHI VITHIKA, UDUPI – 576101. 5. ASSISTANT EXECUTIVE ENGINEER, MESCOM, BRAHMAVARA SUB DIVISION, BRAHMAVARA, UDUPI DISTRICT – 576101. 6. K. VENKATESH MANJA, S/O LATE PUTTAMARI MANJA, AGED ABOUT 47 YEARS, R/AT KANNARU, CHERKADY VILLAGE, UDUPI TALUK AND DISTRICT, PIN – 576215. 7. BACHHA NAYAK, S/O LATE SUBBA NAYAK, AGED ABOUT 68 YEARS, R/AT KANNARU, CHERKADY VILLAGE, UDUPI TALUK AND DISTRICT, PIN - 576215. …RESPONDENTS (BY SRI. D.NAGARAJ, AGA FOR R-1, SRI. S.K.ACHARYA, ADV. FOR R-6.) 3 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R5 TO GIVE THE POWER CONNECTION AS PER THE PETITIONER’S REPRESENTATION DATED 08.06.12 AND HERWITH MARKED AS ANNEXURE – A. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER The petitioner is before this Court seeking that the 5 th respondent be directed to give power connection as per the representation dated 8.6.2012 at Annexure-A to the writ petition. 2. The petitioner claims to be in possession and is residing in the property bearing No.109/18 of Kannaru, Cherkady Village, Udupi Taluk and District. The right as claimed by the petitioner pursuant to the proceedings under 4 the Karnataka Land Reforms Act in respect of the land need not be adverted to in detail in this writ petition since those are aspects which would arise for consideration in an appropriate proceedings relating to the right claimed to have been derived by the petitioner. 3. For the present, the possession cannot be disputed. If in that light, the request of the petitioner for providing electricity connection to the house is to be considered, the procedure in accordance with law would have to be followed. 4. The 6 th respondent no doubt has filed objection statement to the petition disputing the claim of the petitioner that there is no electricity connection to the house wherein the petitioner is residing. It is also contended that the manner in which the petitioner is seeking that the electricity line should be drawn through the remaining portion of the property bearing Sy.No.109/18 does not arise, since there are 5 other properties bearing Sy.No.111/6 P over which the same could be drawn. 5. Be that as it may, even on this aspect, it would be premature for this Court to go into the said aspect. When the petitioner claims to be residing in a house which does not have electricity connection, to the said extent, this court would have to notice the right of the petitioner to lead life as guaranteed under Article 21 of the Constitution of India and the existence cannot be a mere animal existence. If that be the position, no doubt, the petitioner would be entitled to seek for electricity connection to his house. But the question would however be with regard to the manner in which such connection is to be provided. In that regard, the provisions of the Indian Telegraphic Act, 1985 has been made applicable even in respect of drawing the electricity line. If in the process of drawing the electricity line, electricity line is to be drawn over any private property, the 5th respondent will have 6 to make an appropriate petition before the 1 st respondent seeking permission as provided under the said Act, subject to the conditions laid down therein. On such permission being granted by the 1 st respondent, appropriate steps would have to be taken by the 5 th respondent in terms on such order. 6. Therefore, at this juncture it would be necessary for this Court to regulate the process to enable the consideration in accordance with law. The petitioner shall now therefore make a representation along with the earlier applications said to have been made by him to the 5 th respondent. Immediately on receipt of such representation and in any event within a period of four weeks thereof, the 5th respondent shall file appropriate petition with the 1 st respondent, if he is of the opinion that he is not in a position to draw the line on his own and the order as contemplated under the said Act, is to be passed by the 1 st respondent. On such petition being filed before the 1 st respondent, the 1 st respondent shall hold 7 proceedings in accordance with law, as provided under the said Act and pass orders thereon in an expeditious manner, but not later than two months thereof. Based on such orders, the 5 th respondent shall take steps to provide electricity connection to the petitioner’s house in an expeditious manner thereafter. 7. In terms of the above directions, the petition stands disposed of. Sd/- JUDGE Msu CT-BMN .

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