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2025 DAILYLAW 16748 (KAR)

SRI T RAMAIAH v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED

WP/3900/2025 · 2025-02-13

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - NC: 2025:KHC:6592 WP No. 3900 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 3900 OF 2025 (GM-KEB) BETWEEN: SRI. T. RAMAIAH S/O LATE THIMMAIAH, AGED 72 YEARS, R/AT NO.1A, DWARAKA ROAD, 2ND STAGE, BEL LAYOUT, BYADARAHALLI, BANGALORE- 560 091 …PETITIONER (BY SRI. VASANTH KUMAR H.T., ADVOCATE) AND: 1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED K.R. CIRCLE OPPOSITE CENTURY CLUB, CUBBAN PARK, K.R. CIRCLE, BENGALURU-560 001, REP. BY ITS MANAGING DIRECTOR 2. THE ASSISTANT EXECUTIVE ENGINEER BESCOM, SUB-DIVISION MAGADI, TAVAREKERE, BENGALURU -562 204 …RESPONDENTS (BY SRI. SHRIDHAR HEGDE, ADVOCATE) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6592 WP No. 3900 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 24.12.2024 AND 31.01.2025 VIDE ANNEXURE-G AND H TO DISCONNECT ILLEGAL ELECTRICITY CONNECTION OBTAINED BY THE RESIDENTS WHO ILLEGALLY OCCUPIED INTO THE PETITIONERS PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Sri Shridhar Hegde, learned counsel accepts notice on behalf of respondents No.1 and 2. 2. Heard learned counsel for the petitioner and respondents. 3. This writ petition is filed praying for issuance of writ of mandamus to direct the respondents to consider - 3 - NC: 2025:KHC:6592 WP No. 3900 of 2025 the petitioner's representations dated 24.12.2024 and 31.01.2025 vide Annexures-G and H respectively. 4. Learned counsel for the petitioner submits that, the petitioner has obtained the decree for possession and removal of illegal structure against six persons named as defendants in OS No.162/2017 on the file of the Additional Senior Civil Judge and JMFC, Magadi. He further submits that the said decree has attained finality and pursuant to the aforementioned decree, he has moved an application to respondents No.1 and 2 to disconnect illegal electricity connection taken to the premises covered by the said decree. Acting on the said representations, respondents No.1 and 2 vide order dated 23.10.2024 have disconnected the electricity to six persons pursuant to the said order, who are the defendants in the aforementioned suit. 5. It is his further grievance that, after the said disconnection, the aforementioned persons who are the defendants in the said suit have again illegally obtained - 4 - NC: 2025:KHC:6592 WP No. 3900 of 2025 the electricity connections. In this behalf petitioner claimed to have submitted the representation at Annexures G and H. The representations at Annexures-G and H are not yet considered. 6. Under these circumstances, he would seek writ of mandamus. 7. Learned counsel for respondents No.1 and 2 submits that the representations would be considered in accordance with law. 8. This Court has considered the contentions raised at the bar and perused the materials on record. 9. The persons who are alleged to have taken illegal electricity connection are named in the representations. Those persons are not made parties to the proceeding. Under these circumstances, this Court is of the view that, the respondents have to take appropriate - 5 - NC: 2025:KHC:6592 WP No. 3900 of 2025 action on Annexures-G and H, only after hearing the persons named in the said Annexure-G. 10. Hence, the following: ORDER (i) The writ petition is allowed in part. (ii) Respondents No.1 and 2 shall take appropriate action advised in law after hearing the persons named in the application at Annexure-G. (iii) This Court has not expressed any opinion on merits of the case. (iv) Exercises shall be completed within 4 weeks. Sd/- (ANANT RAMANATH HEGDE) JUDGE KBM List No.: 1 Sl No.: 2 CT:SNN