B DINESH MALLYA S/O LATE BHUJANGA MALLYA Vs. ASSISTANT EXECUTIVE ENGINEER (E) MANGALORE ELECTRICITY SUPPLY COMPANY KARKALLA SUB-DIVISION KARKALA

JUDGEMENT

(1.) The petitioner has filed this Writ Petition for a writ of certiorari to quash the order dated 21.09.2015 passed by the 2nd respondent - Deputy Commissioner, Udupi district as per Annexure-H.

(2.) It is the case of the petitioner that he is the absolute owner of the property bearing Sy.No.303/2A, measuring 13.75 cents of Sanur Village of Karkala Taluk and the said property was converted into nonagricultural purposes by paying requisite fee. He further contended that the 3rd respondent, who is running a small scale industry named 'Negilu Industry' had applied for High Voltage Power to install a new electrical pole in petitioner's pathway on the southern side of the petitioner's property adjacent, abutting and touching the immovable property. The petitioner had also intimated the 1st respondent Assistant Executive Engineer that he will not be able to construct compound wall or to dig rain water channel by side of proposed compound wall and also not in a position to enjoy the property unless the newly installed pole is removed. It is the further case of the petitioner that on coming to know about the installation of the transformer by violating the rules and regulations in the pathway which leads to the petitioner's house, objected and got issued a notice to the 1st respondent expressing the objection for sanctioning and also installation of the transformer.

(3.) The 1st respondent filed a petition seeking permission for drawing High Tension wire under the provisions of Section 164 of Karnataka Electricity Act, 2003 read with Sections 10 to 16 and 19 (A) of Indian Telegraph Act, 1885. It is the further case of the petitioner that inspite of the objections given, the 2nd respondent without even looking into the fact that the 1st respondent had no locus standi to file the petition who is only a licensee, blindly allowed the petition. Therefore, the present Writ Petition is filed for relief sought for.