- 1 - NC: 2025:KHC:4338 WP No. 2537 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 2537 OF 2025 (GM-KEB) BETWEEN: SMT. NAREMMA WIFE OF (LATE) NAGARAJA @ NAGAPPA, AGED ABOUT 60 YEARS, AND RESIDING AT KOLLUR VILLAGE, KASABA HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT-572 104 …PETITIONER (BY SRI. ABHINAY Y.T., ADVOCATE) AND: 1. BESCOM K.R. CIRCLE, NRUPATHUNGA ROAD, NUNEGUDLAPALLI, AMBEDKAR VEEDHI, BENGALURU KARNATAKA-560 001 REP. BY ITS CHIEF EXECUTIVE OFFICER. 2. THE ASSISTANT EXECUTIVE ENGINEER, BESCOM, SUB-DIVISION, SRINIVASA TALUK, KOLAR DISTRICT -572 104 …RESPONDENTS (BY SRI. C. CHANNE GOWDA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED. 24.09.2024 PASSED BY R-2 (ANNEXURE-F) BEARING NO. SAKAANIEM (VI)/SA.EM.(TAM)/SHREEPURA/T-27/24-25/1711 AND ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS TO CONSIDER Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4338 WP No. 2537 of 2025 THE CASE OF THE PETITIONER TO GIVE ELECTRICITY CONNECTION FOR BORE WELL IN RESPECT OF SURVEY NUMBER 136/1 OF KOLLUR VILLAGE, KASABA HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT MEASURES 0.18.06 GUNTAS WITHOUT INSISTING ON CHANGE OF REVENUE ENTRIES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed challenging the endorsement dated 24.09.2024. In terms of the said endorsement, the petitioner's application seeking electricity connection to the borewell in Property bearing Sy.No.136/1 of Kollur Village, Kasaba Hobli, Srinivasapura Taluk, Kolar District is rejected on the premise that the petitioner has not produced the record of right to establish the ownership over the land. 2. Learned counsel for the petitioner submits that the property bearing Sy.No.136/1 as of now stands in the name of three persons namely Nareppa S/o Chinnappa, Munivenkatappa S/o Chinnappa, Doddachikkappa S/o - 3 - NC: 2025:KHC:4338 WP No. 2537 of 2025 Chinnappa. The petitioner claims to be legatee under Nareppa and she claims to be daughter-in-law of Nareppa. The dispute relating to Will is pending consideration before the Court in RSA No.2264/2018. It is further stated that Nareppa's only son is no more. 3. The property totally measures 1 acre 15 guntas. Out of 1 acre 15 guntas, 18 guntas 6 annas stands in the name of Nareppa S/o Chinnappa. Remaining two persons named above are not concerned with the aforementioned 18 guntas 6 annas in the total extent of 1 acre 15 guntas is the submission. 4. Learned counsel for the petitioner further submits that before the trial Court, the execution of Will is said to be proved. However, the Court has come to the conclusion that Nareppa had no capacity to execute the Will. - 4 - NC: 2025:KHC:4338 WP No. 2537 of 2025 5. Learned counsel would also point out the substantial questions of law framed in the said RSA, which read as under:- "1. When there was a deemed partition, in law, on the death of Nagaraja, the coparcener on 22.11.1999 in which the defendants 2 to 5 stood allotted ½ share in the suit properties, whether the Courts below were right in granting equal share to married sisters? 2. On accepting that Nareppa executed Will Ex.D15 bequeathing his share to the fifth defendant, having regard to Section 6 of the Hindu Succession Act, 2005, whether the courts below were right in granting 1/3rd share to the daughters?" 6. On going through the said questions of law, it is evident that execution of Will is established. However, the Court appears to have not taken into consideration, the validity of the Will to the extent of share of the testator. 7. It is also noticed that in terms of the judgment, petitioner is having 1/3rd undivided share. - 5 - NC: 2025:KHC:4338 WP No. 2537 of 2025 8. Since the appeal is pending, the mutations are not changed in the name of petitioner and since the relief sought is for supply of electricity, this Court is of the view that respondents should supply electricity to the petitioner to the borewell, if it is in existence. 9. Accordingly, the writ petition is disposed of. The impugned endorsement is quashed. The respondent No.2 shall supply electricity in the name of the petitioner in respect of Sy.No.136/1 measuring 18 guntas 6 annas in Kollur Village, Kasaba Hobli, Srinivasapura Taluk, Kolar District "provided the borewell is in existence in the aforementioned property". 10. In case, the daughters of Nareppa are aggrieved by the order directing electricity supply to the petitioner, the daughters are permitted to move this Court for appropriate orders. It is further made clear that this order should not be construed as finding on merits of the claim of the parties pending in RSA No.2264/2018. The - 6 - NC: 2025:KHC:4338 WP No. 2537 of 2025 observations made in this order shall not bind the respondents in RSA No.2264/2018. Sd/- (ANANT RAMANATH HEGDE) JUDGE MH/- List No.: 1 Sl No.: 33 CT:SNN