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2025 DAILYLAW 40012 (KAR)

SRI. LOKESH. C v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED

WP/25034/2025 · 2025-08-23

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33187 WP No. 25034 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 25034 OF 2025 (GM-KEB) BETWEEN: SRI. LOKESH C., S/O SRI CHANNIRANGAIAH, AGED ABOUT 49 YEARS, R/AT 422, SHREE RANGA, E MANGEGOWDA ROAD, BEHIND VTU HEALTH LAYOUT, SRIGANDAKAVALU, VISHWANEEDAM POST, BENGALURU 560 091. …PETITIONER (BY SRI VASANTH KUMAR H.T., ADVOCATE) AND: 1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, COMPANY LIMITED, K R CIRCLE, OPP CENTRUL CLUB, CUBBON PARK, BENGAULRU 560001, REPRESENTED BY ITS MANAGING DIRCTOR. 2. THE ASSITANT EXECUTIVE ENGINEER, BESCOM, SUB DIVISION K4, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33187 WP No. 25034 of 2025 3. R R LAYOUT, NAGADEVANAHALLI, BENGALURU - 560 056. THE COMMISSIONER, B.B.M.P., RAJARAJESHWARI ZONE, BENGALURU - 560 098. …RESPONDENTS (BY SRI H.V.DEVARAJU, ADVOCATE FOR R1 & R2; SRI PAWAN KUMAR, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICE VIDE NO.25-26/3659-63 ISSUED BY THE 2ND RESPONDENT DATED 19/07/2025 VIDE ANNEXURE H, B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO DISCONNECT THE ELECTRICITY CONNECTION WHICH WAS PROVIDED TO THE PETITIONER'S BUILDING IN VIDE RR NO. K434981 AS PER VIDE ANNEXURE-G. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC:33187 WP No. 25034 of 2025 ORAL ORDER Writ petition is filed for following reliefs: a. Issue a writ of certiorari quashing the impugned Notice vide No.¸ÀPÁ¤EA(«)/PÉ4/¸À.C(vÁ)/25- 26/3659-63 issued by the 2nd respondent dated 19.07.2025 vide Annexure-H, b. Issue a writ of mandamus directing the respondents not to disconnect the electricity connection which was provided to the petitioner's building in vide RR No.K434981 as per vide Annexure-G etc. . 2. Sri Vasanth Kumar HT, learned counsel for petitioner submits that petitioners vendor Smt. K.R. Padma was allotted a site bearing no.904, measuring 15 X 24 mts. situated at Sir M Viswesharaiah layout, 7th block, on 19.09.2023 having purchased it under Sale Deed dated 25.09.2023 at Annexure-A. It was submitted, Petitioner purchased said site under registered sale deed on 29.09.2023 at Annexure-D from Smt.K.R.Padma. Such being case, petitioner was shocked to receive impugned notice dated 19.07.2025 (Annexure-H) ordering disconnection of power supply to his building. It was submitted said notice was preceded with any notice served on petitioner. It was submitted, petitioner has completed construction of building and in case non-restoration of power - 4 - HC-KAR NC: 2025:KHC:33187 WP No. 25034 of 2025 supply, he would put to hardship. Aggrieved thereby, petitioner filed present writ petition. 3. Sri. HV Devaraju, learned counsel for respondents no.1 and 2 and Sri Pawan Kumar, learned counsel for respondent no.3 opposed writ petition. 4. Learned counsel for respondents no.3 and 4 would submit that impugned notice in nature of order was passed on receipt of intimation by Zonal Commissioner, BBMP, vide Annexure - H, prohibiting electricity supply to building being constructed without sanction plan as well as in violation of sanctioned plan. On receipt of said communication, spot inspection report was obtained from jurisdictional Assistant Engineer and after finding construction to be in violation of bye- laws, impugned order at Annexure-H was passed. Therefore, impugned order was justified. 5. In reply, learned counsel for petitioner would submitted, petitioner had obtained sanctioned plan and proceeded with construction. Therefore, intimation of Zonal Commissioner, BBMP, would not apply to petitioner. - 5 - HC-KAR NC: 2025:KHC:33187 WP No. 25034 of 2025 6. Learned Counsel for petitioner further submits that under similar circumstances this Court in WP no.22554/2025, disposed of on 30.07.2025, issued certain directions and same would cover subject matter of present petition also, insofar as petitioner’s premises is concerned. 7. Heard learned counsel for parties and perused writ petition records. 8. Above facts reveal that petitioner is aggrieved by impugned notice in nature of order threatening of disconnection of power supply to petitioner's premises. It is held by this Court in decision relied on, that same would impose serious civil consequences and petitioner would be entitled for opportunity of showing cause against proposed action. Same would squarely apply to present petition also. 9. In view of above, Writ Petition is disposed of. Impugned Notice/order bearing no.¸ÀPÁ¤EA(«)/PÉ4/¸À.C(vÁ)/25- 26/3659-63 dated 19.07.2025 issued by 2nd respondent vide Annexure - H is quashed. However, in facts and circumstances of this case, it shall be treated as show-cause notice by - 6 - HC-KAR NC: 2025:KHC:33187 WP No. 25034 of 2025 petitioner and objections, if any, to be filed before respondent no.4 within two weeks from today. If same is filed within time indicated, respondent no.2 shall consider petitioner's objections and pass appropriate orders, in accordance with law, within two weeks thereafter. Until then, respondents to restore temporary power connection to petitioner's building subject to payment of advance consumption charges etc., as may be required. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 12