- 1 - HC-KAR NC: 2025:KHC:34326 WP No. 11302 of 2025 C/W WP No. 16470 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 11302 OF 2025 (LB-BMP) C/W WRIT PETITION NO. 16470 OF 2025 (LB-BMP) IN WP No. 11302/2025 BETWEEN: SRI.V.S.SUMAN S/O SRI. V.M.SRINIVASULU, AGED ABOUT 45 YEARS, RESIDING AT NO. 14, SRI NIVASA ASHWATHAKATTE ROAD, NEAR GANAPATHI TEMPLE, CHIKKALLASANDRA, BENGALURU-560061 …PETITIONER (BY SRI. SAMUEL S DANDIN.,ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, N.R.SQUARE. BENGALURU-560002 2. THE ASSISTANT EXECUTIVE ENGINEER (ELE) BENGALURU ELECTRICITY SUPPLY COMPANY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34326 WP No. 11302 of 2025 C/W WP No. 16470 of 2025 LIMITED (BESCOM) S18, SUB DIVISION, CHIKKALLASANDRA BENGALURU-560061 …RESPONDENTS (BY SRI. B V MURALIDHAR.,ADVOCATE FOR R1 SRI K.S. KALLESHAPPA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT ISSUED BY THE 2ND RESPONDENT IN NO. AEE(E)/AE(T)/S-18/24-25/42-44 DATED 04.04.2025, WHICH HAS BEEN PRODUCED AS ANNEXURE-J, AND ETC. IN WP NO. 16470/2025 BETWEEN: SRI. V.S SUMAN S/O SRI. V.M.SRINIVASULU, AGE 43 YEARS, R/AT NO.678/10, NALDU LAYOUT, ARAHALLI GRAMA, WARD NO.184, UTTARAHALLI HOBLI, BENGALURU-560 061. ...PETITIONER (BY SRI. RAVINDRA PRASAD B.,ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 002. 2. THE ZONAL COMMISSIONER, BOMMANAHALLI ZONE OFFICE, BEGURU ROAD, BOMMANAHALLI, BENGALURU-560 068. 3. THE ASSISTANT EXECUTIVE ENGINEER, UTTARAHALLI SUB-DIVISION, BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU-560 061. - 3 - HC-KAR NC: 2025:KHC:34326 WP No. 11302 of 2025 C/W WP No. 16470 of 2025 4. THE ASSISTANT DIRECTOR OF TOWN PLANNING, BOMMANAHALLI ZONE OFFICE, BEGURU ROAD, BOMMANAHALLI, BENGALURU-560 068. ...RESPONDENTS (BY SRI. SINCHANA MR.,ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL ORDER DTD. 05.10.2024 ISSUED BY THE 4TH RESPONDENT BEARING NO. SA.NI.NA.YOO/BOO.VA/P.O/395/24-25 VIDE ANNX-D, AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Heard the learned counsels for the parties. 2. Bengaluru Mahanagara Palike (for short 'BBMP') has passed an order of demolition against the petitioner for putting up an illegal construction in violation of the sanctioned plan. Consequently, Bengaluru Electricity Supply Company Limited (BESCOM) has disconnected power supply to the building of the petitioner. Aggrieved by the same, the petitioner filed W.P. No. 11302/2025 with a prayer to reconnect the power supply and - 4 - HC-KAR NC: 2025:KHC:34326 WP No. 11302 of 2025 C/W WP No. 16470 of 2025 filed another W.P.No.16470/2025 with a prayer to set aside the orders passed by BBMP. 3. Against the orders passed by the BBMP, it is seen that the petitioner is having an alternative and efficacious remedy under Section 253 of BBMP Act to approach the Chief Commissioner by the way of appeal. Hence, it is appropriate to dismiss the writ petitions reserving liberty to the petitioner to approach the Appellate Authority in the manner known to law. 4. However, petitioner contends that though there is an alternative remedy it is not efficacious because there are no regular settings held by the Chief Commissioner and he prays for some interim protection. It is also contended that balance of convenience is in favour of the petitioner as it is a building that had both electricity connection and water supply and people are residing in that building. 5. Under the said circumstances, I am the opinion that, interest of justice would be met if petitioners are granted four weeks time to prefer an appeal before the Appellate Authority, and a direction is issued to the respondents not precipitate the matter against the petitioner if he were to file - 5 - HC-KAR NC: 2025:KHC:34326 WP No. 11302 of 2025 C/W WP No. 16470 of 2025 such an appeal within the said period of four weeks and till the Appellate Authority takes decision in this regard. It would be in the interest of justice if an order is passed against BESCOM to restore electricity, provided the petitioner pays all the pending dues. Hence, the following: ORDER i) The petitioner is granted four weeks time to file an appeal under Section 253 of BBMP Act. ii) If the petitioner prefers the said appeal within four weeks then in that event, the respondents shall not precipitate the matter against the petitioner till an appropriate decision is taken by the Appellate Authority. iii) It is hereby made clear that no opinion has been expressed on merits of the case and it is for the Appellate Authority to take appropriate decisions in the matter in accordance with law based upon the materials available on record. iv) BESCOM is hereby directed to restore electricity connection to the building of the petitioner upon payment of all - 6 - HC-KAR NC: 2025:KHC:34326 WP No. 11302 of 2025 C/W WP No. 16470 of 2025 necessary fees, subject however to the decision to be taken by the Appellate Authority. The petitions are disposed off accordingly. Sd/- (M.I.ARUN) JUDGE HR List No.: 1 Sl No.: 25