SRI B K KUMARASWAMY v. BENGALURU ELECTRICITY SUPPLY CO LTD
WP/19793/2025 · 2025-07-08
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29943 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29943 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24623 WP No. 19793 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 19793 OF 2025 (GM-KEB) BETWEEN:
1. SRI. B.K.KUMARASWAMY S/O LATE KRISHNAPPA, AGED ABOUT 63 YEARS, R/AT NO. 394, 2ND 'B' CROSS, 3RD STAGE, BASAWESHWARANAGARA, BENGALURU-560 079. 2. SMT. PAVITHRA.B.N.
W/O NAGARAJ.H.R., AGED ABOUT 53 YEARS, R/AT NO. 30, POST OFFICE ROAD, HIRISAVE VILLAGE AND POST, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 124. …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 THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24623 WP No. 19793 of 2025
NAGADEVANAHALLI, BENGALURU-560 056. …RESPONDENTS (BY SRI. H.V.DEVARAJU., 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.H.V.Devaraju., 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 19.06.2025 and not to operation of further proceedings as per Annexures-L2 and L3 in respect of petitioners house constructed in Site Nos.539 and 276. - 3 -
HC-KAR NC: 2025:KHC:24623 WP No. 19793 of 2025
II. Issue a Writ of Mandamus or issue direction to the second respondent to consider the applications and representation filed by the petitioners on 10.06.2025 and 10.06.2025 as per Annexures-L and L1 and sanction of temporary power supply to the petitioners new house construction in the sites No.539 & 276 respectively formed out of assessment No.52, 53, 56, 57, 58 and 59, village panchayath katha No.old 42, house list No.539 and 279 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.539 through registered sale deed dated 11.04.2022 and the second petitioner acquired the property bearing Site No.276 through registered Sale Deed dated 02.03.2023 respectively in the layout formed out of assessment Nos.52, 53, 56, 57, 58 and 59, Village Panchayat Katha No.Old 42, New Katha
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HC-KAR NC: 2025:KHC:24623 WP No. 19793 of 2025
No.1251 and 1045 situated at Seegehalli Village, Yashawanthpura Hobli, Bengaluru North Taluk. Pursuant to the Sale Deed, the petitioners names have been entered in the revenue records and they obtained license and approved sanction plan to construct the house in their sites by obtaining temporary power connection. During the course of construction work, the petitioners sought sanction of power connection to their house in Site Nos.539 and 276. 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 the provisions of Karnataka Town and Country Planning Act and Bangalore Development Authority Act, challenging the show cause notices, the petitioners' 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.
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HC-KAR NC: 2025:KHC:24623 WP No. 19793 of 2025
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 letters/ communications issued to the petitioners by the second respondent cannot be given effect to and the second respondent is at 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 petitioners have 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 temporary power supply have been submitted by the petitioners respectively, the second respondent is hereby
directed to consider the applications submitted by the petitioners in accordance with the law. The petitioners are
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HC-KAR NC: 2025:KHC:24623 WP No. 19793 of 2025
directed to pay the regular advance consumption charges. In case, the permanent power connection is sanctioned to the 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 MRP List No.: 1 Sl No.: 3