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2025 DAILYLAW 19043 (KAR)

SRI RAMAIAH v. BENGALURU ELECTRICITY SUPPLY CO LTD

WP/7293/2025 · 2025-06-05

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19017 WP No. 7293 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 7293 OF 2025 (GM-KEB) BETWEEN: 1. SRI. RAMAIAH S/O LATE CHIKKATHIMMAIAH, AGED ABOUT 59 YEARS, R/AT NO. 159, 6TH CROSS, SHANTILAL MUTHA LAYOUT, MAGADI MAIN ROAD, SEEGEHALLI GATE, BENGALURU-562 130. 2. SMT. MAMATHA. W/O R.MOHAN KUMAR, AGED ABOUT 53 YEARS, R/AT NO. 75, 20TH B MAIN ROAD, 1ST R BLOCK, RAJAJINAGAR, BENGALURU NORTH TALUK, PIN-560 010. …PETITIONERS (BY SRI. ABHIJITH.M.M., ADVOCATE) AND: 1. BENGALURU ELECTRICITY SUPPLY CO LTD., CORPORATE OFFICE SITUATED AT, K.R. CIRCLE, NRUPATHUNGA ROAD, BENGALURU-560 001. REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE ASSISTANT EXECUTIVE ENGINEER, K-4 SUB-DIVISION, B.S.C.O.M, R.R. LAYOUT, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19017 WP No. 7293 of 2025 NAGADEVANAHALLI, BENGALURU-560 056. …RESPONDENTS (BY SMT. ANUSHA PRASAD., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Abhijith.M.M., counsel for the petitioners and Sri.Pavan Kumar., counsel on behalf of Smt.Anusha Prasad., counsel for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: I. Writ of Certiorari or any other Writ or order or direction by quashing the letters (communication) forwarded by the second respondent to the petitioners on 02.09.2024 and not to operation of further proceedings as per Annexures-L2 and 3 in respect of petitioners house constructed in Site Nos.150, 160 and 161. II. Issue a Writ of Mandamus or issue direction to the second respondent to consider the applications and representation filed by the petitioners on - 3 - HC-KAR NC: 2025:KHC:19017 WP No. 7293 of 2025 23.08.2024 and 20.02.2025 as per Annexures-L and L4 and sanction of temporary power supply to the petitioners new house construction in the sites No.150, 160 and 161 respectively formed out of assessment No.53, 56, 57, 58 and 59, village panchayath katha No.old 42, house list No.150, 160 and 161, situated at Seegehalli Village, Yashawanthpura Hobli, Bengaluru North Taluk. 3. Heard the arguments and perused the Writ papers with utmost care. 4. The first petitioner acquired the property bearing Site No.150 through registered sale deed dated 12.09.2019 and the second petitioner acquired the property bearing Site Nos.160 & 161 through registered Sale Deed dated 14.02.2005 respectively in layout formed out of assessment Nos.56, 57, 58 and 59, Village Panchayat Katha No.Old 42, New Katha No.622/150 situated at Seegehalli Village, Yashawanthpura Hobli, Bengaluru North Taluk. Pursuant to the Sale Deed, the petitioners name have been entered in the revenue records and they obtained license and approved sanction plan to construct the house in their sites - 4 - HC-KAR NC: 2025:KHC:19017 WP No. 7293 of 2025 by obtaining temporary power connection. During the course of construction works, the petitioners sought sanction of power connection to their house in Site Nos.150, 160 and 161. The second respondent issued a letter stating that they are not granting any electricity connection to their house construction. 5. Counsel for the respective parties brought to the notice of the Court that the petitioners vendors were issued with a show cause notice stating that they have formed unauthorized layout in contravention of provisions of Karnataka Town and Country Planning Act and Bangalore Development Authority Act, challenging the show cause notices, the petitioner's vendors approached this Court in W.P.No.22050/2023 and this Court vide order dated 04.10.2023 directed the authorities not to take any coercive steps. 6. The dispute as to whether the petitioners have put up construction in the unauthorized layout is seized before this Court in W.P.No.22050/2023 and there is an interim order operating, directing the BDA as well as the Tahsildar not to take any precipitative action. Such being the case, the impugned - 5 - HC-KAR NC: 2025:KHC:19017 WP No. 7293 of 2025 letters/ communications issued to the petitioners by the second respondent cannot be given effect to and the second respondent is at a liberty to take appropriate action subject to the result of W.P.No.22050/2023. 7. Lastly, counsel Sri.Abhijith.M.M., submits that the first petitioner has submitted an application for sanction of permanent power supply and the second petitioner has submitted an application for sanction of temporary power supply. Counsel therefore, submits that an appropriate order may be passed. Counsel for the respondents submits that an appropriate order may be passed. Taking note of the submission that applications for sanction of permanent power supply and temporary power supply have been submitted by the first petitioner and the second petitioner respectively, the second respondent is hereby directed to consider the applications submitted by the petitioners in accordance with the law. The second petitioner is directed to pay the regular advance consumption charges. In case, the permanent power connection is sanctioned to the - 6 - HC-KAR NC: 2025:KHC:19017 WP No. 7293 of 2025 petitioners, the same would be subject to the result of W.P.No.22050/2023. 8. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 5