ORDER
The petitioner is an association of the property owners registered under the provisions of the Karnataka Apartment Ownership Act, 1972 and the Association has been formed to ensure proper management of the residential complex situated in Sy.Nos.58/2 and 59, BBMP khatha Nos.726/653, Pattandur
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Agrahara Village, K.R. Puram Hobli, Bengaluru, measuring 7 acres 34 guntas.
2. The petitioner has called in question the endorsement dated 15.04.2023, by which, the Tahsildar concerned was called upon to take action for removing the encroachment on the public road as per the conversion sketch and also the communication issued by respondent No.2 to the erstwhile owners of the property to remove the encroachment made on the public road, failing which, appropriate action will be taken. The petitioner has also called in question the communication dated 14.02.2024 issued by respondent No.2- BBMP calling upon respondent No.1 to shift the transformer which is installed on the alleged encroached area, and also the communication issued by respondent No.1- BESCOM calling upon the petitioner to shift the transformer from the encroached area.
3. Heard learned counsel for the parties.
4. Admittedly respondent No.3 on the complaint filed by one Victor Freitas has taken a decision that the transformer which has been installed by respondent No.1- BESCOM for
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supply of electricity to the petitioner's residential complex is on the public road. Petitioner's contention is that the transformer installed is on the property belonging to the residents who are the members of the petitioner Association. Respondent No.3 without issuing notice to the petitioner, has come to the conclusion that as per the conversion sketch, the transformer has been installed on a public road. Therefore, the impugned endorsement and the subsequent communications issued by the respondents- Authorities are in violation of the principles of natural justice. Accordingly, I pass the following:
ORDER
i. Writ petition is allowed.
ii. The communication dated 28.02.2024 issued by respondent No.1 at Annexure-N, the directions dated 15.04.2023 issued by respondent No.3 to the Tahsildar as endorsed on the letter dated 15.04.2023 at Annexure-L, the communication dated 15.05.2023 issued by respondent No.3 at Annexure- M and the communication dated 14.02.2024 issued by respondent No.2 to respondent No.1 at Annexure- P are hereby quashed.
iii. Respondent No.3 is at liberty to conduct an enquiry afresh as to whether the subject
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transformer is installed on the public road or not after affording an opportunity of hearing to the petitioner.
Sd/-
JUDGE
PN
List No.: 1 Sl No.: 12[