SMT. NAILINI K v. BENGALURU ELECTRICTY SUPPLY CO. LTD.,
WP/14272/2025 · 2025-06-20
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24035 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24035 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21421 WP No. 14272 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 14272 OF 2025 (GM-KEB) BETWEEN:
SMT. NALINI.K W/O M.G. SHRINIVAS, AGED ABOUT 41 YEARS, R/AT NO. 269, 2ND CROSS, GUTTEPALYA, SIDDAPURA LAYOUT, JAYANAGARA 1ST BLOCK, BENGALURU-560 011. …PETITIONER (BY SRI. ABHIJITH.M.M., ADVOCATE)
AND:
1. BENGALURU ELECTRICTY 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.E.S.C.O.M, R.R. LAYOUT, NAGADEVANAHALLI, BENGALURU-560 056. …RESPONDENTS (BY SMT. PADMA.S.UTTUR., 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 ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:21421 WP No. 14272 of 2025
ORAL ORDER
Sri.Abhijith.M.M., counsel for the petitioner has appeared in person. Smt.Padma S.Uttur., counsel for the respondents has appeared through video conferencing. 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 letter (communication) forwarded by the second respondent to the petitioner on 21.03.2025 and not to operation of further proceedings as per Annexure-G in respect of petitioner's newly constructed house in Site No.218. II. Issue a Writ of Mandamus or issue direction to the second respondent to consider the application filed by the petitioner as per Annexure-K and sanction of permanent power supply to the petitioner's newly constructed house in Site No.218 formed out of assessment No.52, 53, 56, 57, 58 and 59, village panchayath katha No.old 42, house list No.218, situated at Seegehalli Village, Yashawanthpura Hobli, Bengaluru North Taluk. - 3 -
HC-KAR NC: 2025:KHC:21421 WP No. 14272 of 2025
3. Heard the arguments and perused the Writ papers with utmost care. 4. The petitioner acquired the property bearing Site No.218 in layout formed out of assessment Nos.52, 53, 56, 57, 58 and 59, Village Panchayat Katha No.Old 42, House list No.218 situated at Seegehalli Village, Yeswanthpur Hobli, Bengaluru through registered gift deed dated:08.12.2015.
Pursuant to the Gift Deed, the petitioner's name has been entered in the revenue records and the petitioner obtained license and approved sanction plan to construct the house in her site by obtaining temporary power connection. After the construction, the petitioner sought sanction of permanent power connection for her house in Site No.218. The second respondent issued a letter stating that the permanent electricity connection cannot be granted to the newly constructed house situated at Sy.Nos.52, 53, 56, 57, 58 and 59. 5. Counsel for the respective parties brought to the notice of the Court that the petitioner's vendors were issued with a show cause notice stating that they have formed unauthorized layout in contravention of provisions of Karnataka
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HC-KAR NC: 2025:KHC:21421 WP No. 14272 of 2025
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 petitioner has put up construction in the unauthorized layout is seized before this Court in W.P.No.22050/2023 and there is a interim order operating, directing the BDA as well as the Tahsildar not to take any precipitate action. Such being the case, the impugned
order issued to the petitioner 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 an application for sanction of permanent power supply has been submitted to the authority concerned. Counsel therefore, submits that an appropriate order may be passed.
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HC-KAR NC: 2025:KHC:21421 WP No. 14272 of 2025
Counsel for the respondents submits that an appropriate
order may be passed. Taking note of the submission that an application for sanction of permanent power supply has been submitted by the petitioner, the second respondent is hereby directed to consider the application submitted by the petitioner in accordance with the law. In case, the permanent power connection is sanctioned to the petitioner, 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 MRP List No.: 1 Sl No.: 3