Case Note & Summary
The petitioner, Telecom Employees Co-operative Housing Society Ltd., filed writ petitions under Articles 226 and 227 of the Constitution of India seeking to quash an order dated 15.7.2016 passed by the 3rd respondent (Chief Engineer, Bangalore Rural Area Zone) confirming an earlier revised intimation letter dated 10.6.2015, and for a writ of mandamus directing the respondents to arrange power supply to the society. The society had applied for power supply and paid the required amount. However, BESCOM later demanded additional charges without any statutory basis. The court held that the demand was arbitrary and not sustainable, and allowed the petitions, quashing the impugned orders and directing BESCOM to provide power supply as per the original estimate.
Headnote
A) Electricity Law - Power Supply - Additional Charges - Demand for additional infrastructure charges for power supply to a housing society - The petitioner-society had already paid the required amount for power supply, and the subsequent demand for additional charges was not based on any statutory provision or agreement - Held that the demand was arbitrary and liable to be quashed (Paras 1-5).
Issue of Consideration
Whether the demand for additional charges for power supply by BESCOM to the petitioner-society is legal and justified.
Final Decision
The court allowed the writ petitions, quashed the impugned order dated 15.7.2016 and the revised intimation letter dated 10.6.2015, and directed the respondents to provide power supply to the petitioner-society as per the original estimate without demanding additional charges.
Law Points
- Writ of certiorari
- Writ of mandamus
- Power supply
- Additional charges
- Demand without statutory basis
- Estoppel
- Legitimate expectation
Case Details
2018 LawText (KAR) (07) 47
Writ Petition No.29723/2017 & Writ Petition Nos.31277-31278/2018 (GM-KEB)
Shivaprasad Shantanagoudar for petitioner; M. Jyothi for R1; H.V. Devaraju for R2 to R4
Telecom Employees Co-operative Housing Society Ltd.
State of Karnataka, M/s Bangalore Electricity Supply Co. Ltd (BESCOM), Chief Engineer (Electricity), Bangalore Rural Area Zone, Karnataka Power Transmission Corporation Limited
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Nature of Litigation
Writ petition challenging demand for additional charges for power supply.
Remedy Sought
Quashing of order dated 15.7.2016 and revised intimation letter dated 10.6.2015, and direction to arrange power supply.
Filing Reason
BESCOM demanded additional charges for power supply despite the society having paid the required amount.
Issues
Whether the demand for additional charges for power supply by BESCOM is legal and justified.
Submissions/Arguments
Petitioner argued that the demand for additional charges was arbitrary and without any statutory basis.
Respondents argued that the demand was justified based on revised estimates.
Ratio Decidendi
A demand for additional charges for power supply that is not based on any statutory provision or agreement is arbitrary and liable to be quashed.
Judgment Excerpts
The petitioner-Society has filed these writ petitions for a writ of certiorari to quash the order dated 15.7.2016...
The court held that the demand was arbitrary and not sustainable.
Procedural History
The petitioner filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the order dated 15.7.2016 and the revised intimation letter dated 10.6.2015. The petitions came up for preliminary hearing and were allowed.
Acts & Sections
- Constitution of India: Articles 226, 227
