- 1 - HC-KAR NC: 2025:KHC:22942 WP No. 17613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.17613 OF 2025 (LB-BMP) BETWEEN: EAST WOOD OWNERS ASSOCIATION REGISTERED UNDER DISTRICT REGISTRATION OF SOCIETIES KARNATAKA GOVERNMENT REPRESENTED BY ITS COMMITTEE MEMBER SRI.GURURAJ MURALIDHARAN S/O G.SENGODASAMY AGED ABOUT 45 YEARS REG OFF ADDRESS: SY NO.92/2 VIJANAPURA VILLAGE KR PURAM HOBLI BANGALORE EAST TALUK BANGALORE - 560016 …PETITIONER (BY SRI.PRAVEEN G, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BANGALORE - 560002 2. ASSISTANT DIRECTOR OF TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE WHITE FIELD MAIN ROAD OPP PHOENIX MALL Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22942 WP No. 17613 of 2025 MAHADEVPURA ZONE BANGALORE 560048 3. ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE HORAMAVU SUB-DIVISION MAHADEVPURA DIVISION BANGALORE 560113 4. THE MANAGING DIRECTOR BENGALURU ELECTRICITY SUPPLY OFFICE OF THE BESCOM CORPORATE OFFICE 3RD FLOOR, BLOCK-II KR CIRCLE, BENGALURU-560001 5. THE SUPERINTENDENT OF ENGINEER CO AND M, BESCOM BENGALURU EAST CIRCLE BENGALURU -01. 6. ASSISTANT EXECUTIVE ENGINEER BANGALORE ELECTRICITY SUPPLY CO LTD (BESCOM) E-10, SUB DIVISION, PAI LAYOUT BANGALORE - 560016 7. THE DEPUTY COMMISSIONER OF POLICE EAST DIVISION BANGALORE 560042 8. SYED TOUFEEQ AHMED S/O SYED MAHABOOB AGED ABOUT 45 YEARS R/AT NO.397, EAST TO NGEF SADANANDANAGAR BANGALORE 560038 - 3 - HC-KAR NC: 2025:KHC:22942 WP No. 17613 of 2025 9. SMT.GEETHA AGARWAL W/O LATE RAVINDER KUMAR AGGARWAL AGED ABOUT 65 YEARS 10. SRI.RANJAN AGGARWAL S/O LATE RAVINDER KUMAR AGGARWAL AGED ABOUT 45 YEARS 11. SMT.RESHMA AGGARWAL D/O LATE RAVINDER KUMAR AGGARWAL AGED ABOUT 43 YEARS 12. SMT.PRITI GUPTA D/O LATE RAVINDER KUMAR AGGARWAL AGED ABOUT 41 YEARS 13. SRI.GAUTAM AGGARWAL S/O LATE RAVINDER KUMAR AGGARWAL AGED ABOUT 41 YEARS RESPONDENT NOS.9 TO 13 ARE RESIDING AT NO.504 AND 507 SILVER OAKS VITTAL MALLYA ROAD BENGALURU-560001 14. SRI.SYED FAYAZ @ H BABU S/O LATE SYED HUSSAIN AGED ABOUT 56 YEARS RESIDING AT NO.FLAT NO.201 1ST FLOOR, KRISTAL VIEW APARTMENT KITTAGANUR MAIN ROAD NEAR SAMUEL PUBLIC SCHOOL BENGALURU-560056. …RESPONDENTS (BY SRI.PAWAN KUMAR, ADVOCATE FOR R.1 TO R.3; - 4 - HC-KAR NC: 2025:KHC:22942 WP No. 17613 of 2025 SMT.ANUSHA PRASAD, ADVOCATE FOR R.4 TO R.6; SRI.H.K.KENCHE GOWDA, AGA FOR R.7; V/O/D 19.06.2025 NOTICE TO R.8 TO R.14 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE LETTER OF COMMUNICATION VIDE NO.PR/63/2025-26 DATED 04-06-2025 OF RESPONDENT NO.3 TO RESPONDENT NO.6 AT ANNEXURE-O AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned writ petition, the petitioner is assailing the impugned communications sent by respondent No.3 addressed to respondent No.6 thereby requesting to disconnect the power supply on the ground that the building constructed by the petitioner is in contravention of the approved building plan and license. The said two communications are under challenge before this Court. - 5 - HC-KAR NC: 2025:KHC:22942 WP No. 17613 of 2025 2. This Court on the previous date i.e., on 19.06.2025 had granted interim order and directed the learned Standing Counsel appearing for the BBMP to seek instructions in the matter. 3. Heard learned counsel for the petitioner, learned counsel appearing for BBMP and learned counsel appearing for BESCOM. 4. The short point that arises for consideration in the present case is whether respondent No.3 was justified in directing respondent No.6 to disconnect the power supply to the petitioner’s premises solely on the ground that a demolition order has been passed under Section 248(3) of the Karnataka Municipal Corporations Act, 1976. 5. While challenging the impugned communications, the petitioner has placed reliance on the pendency of Appeal No.367/2023 before the Karnataka Appellate Tribunal and the interim order passed therein, which is produced at Annexure-J. A perusal of the said interim - 6 - HC-KAR NC: 2025:KHC:22942 WP No. 17613 of 2025 order reveals that the Appellate Tribunal, having entertained the appeal, has granted interim relief by allowing I.A. No.3 filed under Regulation 13 of the KAT Regulations. By the said interim order, the Tribunal has stayed the operation of the demolition order dated 26.06.2019 passed under Section 321(3) of the Karnataka Municipal Corporations Act, 1976, pending disposal of the appeal. 6. In light of the stay granted by the Appellate Tribunal and the fact that the appeal remains pending, this Court is of the considered view that respondent No.3 has acted without jurisdiction in issuing communications to the BESCOM authorities directing disconnection of electricity. Such communications are in the teeth of the interim order passed by the Appellate Tribunal and cannot be sustained. When the legality of the demolition order itself is sub judice before the Tribunal, any consequential action predicated on the demolition order is premature and untenable in law. - 7 - HC-KAR NC: 2025:KHC:22942 WP No. 17613 of 2025 7. In view of the above discussion, the following order is passed: ORDER i) The writ petition is allowed. ii) The communications bearing No. PR/63/2025-26 dated 04.06.2025 and No. E10/AEE/AAO/AET/518-21/2025-25 dated 05.06.2025 issued by respondent No.3 to respondent No.6 and the Assistant Engineer, E10, BESCOM, respectively (Annexures-O and P), are hereby quashed and set aside. iii) Respondent Nos.1 to 3 are at liberty to take appropriate steps in furtherance of the demolition order passed under Section 321(3) of the Karnataka Municipal Corporations Act, 1976, subject to the outcome of Appeal No.367/2023 pending before the Appellate Tribunal. iv) All contentions of the parties are kept open. - 8 - HC-KAR NC: 2025:KHC:22942 WP No. 17613 of 2025 v) Respondent Nos.4 to 6 are directed not to initiate any coercive action against the petitioner in connection with the impugned demolition order until disposal of Appeal No.367/2023 by the Appellate Tribunal. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 30