M/S BHASKAR HOTEL AND RESTAURANT v. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
WP/30863/2024 · 2025-06-27
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34665 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34665 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22601 WP No. 30863 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. 30863 OF 2024 (GM-KEB) BETWEEN:
M/S. BHASKAR HOTEL AND RESTAURANT PLOT NO. AM-1-P-5, PROPRIETOR OF HOTEL, 100 FT. MAIN ROAD, NARASAPURA INDUSTRIAL AREA MALUR TALUK-PIN CODE-563 133. KOLAR DISTRICT, BY ITS PROPRIETOR DR.B.V.BHASKAR. …PETITIONER (BY SRI. V.LAKSHMAIAH., ADVOCATE)
AND:
1. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 14/3A, 2ND FLOOR, CFC BUILDING, MAHARSHI ARVIND BHAVAN, NRUPATHUNGA ROAD, BANGALORE - 560 001. REPRESENTED BY ITS DEVELOPMENT OFFICER-II. 2. THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH FLOOR, KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. 3. THE ASSISTANT EXECUTIVE ENGINEER, BESCOM, SUB-DIVISION, MALURU-563 130. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:22601 WP No. 30863 of 2024
4. M/S. TOOL TECH., MSME-REGD. UNDER THE COMPANIES ACT, 1956, PLOT NO. 176 P-3, 100 FT. MAIN ROAD, NARASAPURA INDUSTRIAL AREA, MALUR TALUK. MANUFACTURER OF SHEET METAL FABRICATION. BY ITS PROPRIETOR SRI K.N. SHASHADRI GOWDA. …RESPONDENTS (BY SRI. SHARAN.P.SABARAD., ADVOCATE FOR R1 & 2;
SRI. H.V.DEVARAJU., ADVOCATE FOR R3)
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.V.Lakshmaiah., counsel for the petitioner, Sri.Sharan P.Sabarad., counsel for respondents 1 and 2 and Sri.H.V.Devaraju., counsel for respondent No.3 have appeared in person. Though the petition is listed today for preliminary hearing, with the consent of counsel for the respective parties, it is heard. - 3 -
HC-KAR NC: 2025:KHC:22601 WP No. 30863 of 2024
2. The captioned Writ Petition is filed seeking following reliefs: (a) Pass the order/ direction to the respondents to disconnect the power connection obtained by respondent No.4 under the self Execution Scheme which is illegal. Therefore, such illegal power connection to be disconnected by respondent No.3 immediately. (b) Further direct respondent No.4 to quit and handover possession of the encroached portion to the petitioner herein, which is illegally occupied by them (respondent No.4) or to shift the Transformer from the portion of land belonging to the petitioner herein.
(c) Further, be pleased to compensate the petitioner herein, having deprived him from using of the allotted portion of land for parking of vehicles, movement of men, material etc., right from the year 2019 till shifting of Transformer and handing over of the illegally occupied portion of land estimated at Rs.4,50,000/- to meet the ends of justice. 3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
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HC-KAR NC: 2025:KHC:22601 WP No. 30863 of 2024
4. Suffice it to note that the BESCOM Authorities had issued a notice on 30.05.2024 for removal of the transformer that has been installed by the fourth respondent in the marginal land under Self Execution Scheme. The fourth respondent questioned the same before this Court in W.P.No.16862/2024. Taking note of the fact that a civil dispute was pending in O.S.No.488/2021 on the file of Senior Civil Judge and JMFC, Kolar, this Court disposed of the petition vide
order dated 18.12.2024 and quashed the notice. Hence, the relief sought by the petitioner to disconnect and shift the transformer cannot be accorded in the present Writ Petition. The Writ Petition is devoid of merits and is liable to be rejected.
5. Resultantly, the Writ Petition is rejected. Since the Writ Petition is rejected at the stage of preliminary hearing, there is no need to issue notice to respondent No.4. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 1