M N YOGESH Vs. ASSISTANT EXECUTIVE ENG CITY

JUDGEMENT

(1.) In this writ petition, petitioner is seeking a writ of mandamus against the 1st respondent-Assistant Executive Engineer (Electricity), BESCOM, Channapatna in Ramnagar District to restore the electricity supply by installing the meter to the shop premises bearing No. 1004/4, J.C. Road, 'A' Division, Channapatna Taluk, Ramnagar District. The case of the petitioner is that he is in occupation of the premises as a tenant. The 2nd respondent-owner of the premises has written to the 1st respondent-Assistant Executive Engineer to disconnect the electricity supply to the shop in occupation of the petitioner as the petitioner did not pay the arrears of electricity charges and the rents. Based on such intimation given by the 2nd respondent, the 1st respondent has disconnected the electricity supply. This has made the petitioner to approach this Court in this writ petition.

(2.) Learned counsel for the petitioner submits that since essential supply like electricity has been disconnected, petitioner who is the occupant of the shop premises is deprived of the opportunity to run the business and eke his livelihood.

(3.) The 2nd respondent who is represented by Sri. Boregowda, learned counsel submits that the petitioner has not paid the rents for the last eight months and also the electricity charges to the tune of Rs. 5,262/-. It is his submission that the 2nd respondent was forced to pay the electricity charges, which made him to request the authorities to disconnect the electricity supply.