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2025 DAILYLAW 23007 (KAR)

SMT. SUMITHRA v. THE BENGALURU ELECTRICITY SUPPLY COMPANY LTD., (BESCOM)

WP/13878/2024 · 2025-06-27

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22605 WP No. 13878 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 13878 OF 2024 (GM-KEB) BETWEEN: SMT. SUMITHRA W/O KRISHNAPPA, AGED ABOUT 66 YEARS, R/AT SITE NO.84, 2ND ALLOTMENT, (FORMED IN SY NO. 61/1 OF KOGILU VILLAGE), NOW CALLED AS MARUTHI NAGAR, YELAHANKA HOBLI, BENGALURU NORTH TALUK, REPRESENTED BY HER GPA HOLDER, SMT. M.VARALAKSHMI. …PETITIONER (BY SRI. CHANDRASEKHAR.B., ADVOCATE) AND: 1. THE BENGALURU ELECTRICITY SUPPLY COMPANY LTD., (BESCOM), OFFICE OF ASSISTANT EXECUTIVE ENGINEER, C-7, SUB-DIVISION, YELAHANKA, BENGALURU - 560 064. 2. SMT. V. SARASWATHI, W/O VITTAL DEVURU, AGED ABOUT 55 YEARS, R/AT NO.17, 4TH CROSS, VINAYAKA LAYOUT, BHOOPASANDRA, RMV 2ND STAGE, BENGALURU - 560 094. …RESPONDENTS (BY SRI. H.V.DEVARAJU., ADVOCATE FOR R1; SRI. SHIVAYOGI.B.HALLUR., ADVOCATE FOR R2) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22605 WP No. 13878 of 2024 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 IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Chandrashekar.B., counsel for the petitioner and Sri.H.V.Devaraju., counsel for respondent No.1 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Issue a Writ of Mandamus directing respondent No.1 to restore the electricity supply to house of the petitioner as per the Official order of sanction which was sanctioned on 13.08.2013 vide Annexure-D1. (b) To quash Annexure-M2 viz., certified copy of Endorsement issued by BESCOM (respondent No.1) dated 09.07.2024 by refusing to restore the electricity power supply to the house of the petitioner in respect of schedule property bearing - 3 - HC-KAR NC: 2025:KHC:22605 WP No. 13878 of 2024 Site No.84, situated at 3rd Main, Maruthi Nagar, Yelahanka Hobli, Bengaluru - 560 064. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. It appears that power supply was serviced in the name of the petitioner Smt.Sumithra. The suit filed by the petitioner seeking the relief of declaration has been dismissed. Against the same, an appeal was filed in R.A.No.59/2022 which is pending consideration. In the appeal, the second respondent moved an application seeking temporary injunction against the petitioner. Taking note of the memo filed by the petitioner that she will not claim equities in case the second respondent succeeds in the appeal, the Appellate Court vide order dated 04.08.2022 dismissed the application as having become infructuous. The issue in the present Writ Petition relates only to the refusal to restore the electricity supply. By virtue of an interim order, the power has already been supplied. The Writ Petition is disposed of. The power supply shall be continued in the name of the petitioner and the same is - 4 - HC-KAR NC: 2025:KHC:22605 WP No. 13878 of 2024 subject to the result of R.A.No.59/2022. The petitioner shall pay the regular consumption charges. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 17