Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 27385 (KAR)

MR HARI BHARADWAJ v. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

WP/15457/2025 · 2025-06-06

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:19249 WP No. 15457 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 15457 OF 2025 (GM-RES) BETWEEN: 1. MR HARI BHARADWAJ AGED ABOUT 46 YEARS, RESIDENT OF FLAT A-1004, ELITA PROMENADE APARTMENTS, J.P. NAGAR 7TH PHASE, BENGALURU - 560 078. 2. DR. SUDHEER K. AGED ABOUT 50 YEARS RESIDENT OF FLAT A-1304, ELITA PROMENADE APARTMENTS, J.P. NAGAR 7TH PHASE, BENGALURU - 560 078. … PETITIONERS (BY SMT. LAKSHMI MENON., ADVOCATE) AND: 1. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT ENERGY DEPARTMENT GOVERNMENT OF KARNATAKA ROOM NO 236, 2ND FLOOR VIKASA SOUDHA Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19249 WP No. 15457 of 2025 DR B R AMBEDKAR VEEDHI BENGALURU - 560 001 2. BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) CORPORATE OFFICE, K R CIRCLE BENGALURU - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR 3. ELITA PROMENADE APARTMENT OWNERS' ASSOCIATION (EPAOA) NO. 101, 18TH MAIN, J.P. NAGAR 7TH PHASE, BENGALURU - 560 078, REPRESENTED BY ITS SECRETARY KARNATAKA APARTMENT OWNERSHIP ACT, 1972 4. GOVERNMENT OF KARNATAKA REP BY PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT ROOM NO 436, 2ND FLOOR VIKASA SOUDA DR B R AMBEDKAR VEEDHI BENGALURU - 560 001 … RESPONDENTS (BY SRI. Y. HARIPRASAD., ADVOCATE FOR C/R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE RESOLUTION PASSED BY RESPONDENT NO.3 IN ITS SGBM HELD ON 23.03.2025 (ANNEXURE B) AS WELL AS THE IMPUGNED CIRCULAR (ANNEXURE E), INSOFAR AS IT DIRECTS THE REMOVAL OR DISCONNECTION OF PRIVATE EV CHARGERS LAWFULLY INSTALLED BY THE PETITIONERS IN THEIR ASSIGNED PARKING AREAS AND ETC. - 3 - HC-KAR NC: 2025:KHC:19249 WP No. 15457 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned AGA accepts notice for respondents 1 and 4. Sri. Y. Hariprasad, learned counsel appears for respondent No.3. 2. Petitioners have sought for setting aside of the resolution passed by respondent No.3 in its Special General Body Meeting held on 23.03.2025 and a consequential Circular at Annexure-E. The order of restraint is sought against the 3rd respondent. 3. Taking note of the subject matter of challenge which relates to resolution by the 3rd respondent - Society, question of entertainment of writ insofar as such resolution is concerned does not arise. Liberty is kept open to the petitioners to challenge the impugned proceedings - 4 - HC-KAR NC: 2025:KHC:19249 WP No. 15457 of 2025 before the appropriate forum. All contentions of the petitioners are kept open. 4. Learned counsel for respondent No.3 submits that the EV Charger connection has been disconnected. 5. In light of the order relegating the petitioners to the appropriate forum, status quo as on date to be maintained for a period of 10 days from today. 6. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP