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2025 DAILYLAW 40380 (KAR)

SRI B S SURESH v. THE CHIEF COMMISSIONER

WP/38900/2025 · 2025-12-26

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54768 WP No. 38900 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 38900 OF 2025 (LB-BMP) BETWEEN: 1. SRI B S SURESH AGED ABOUT 67 YEARS, S/O LATE SHAMANNA REDDY, RESIDING AT NO 454, 4TH CROSS, BELLANDUR BENGALURU 560103 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI.VIKRAM HUILGOL, SENIOR COUNSEL FOR SRI KARTHIK V., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, J C ROAD, BENGALURU 560001 2. THE ASSISTANT EXECUTIVE ENGINEER B B M P, DODDANEKKUNDI SUB DIVISION, BENGALURU 560037 3. BENGALURU ELECTRICITY SUPPLY, COMPANY LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54768 WP No. 38900 of 2025 CAUVERY BHAVAN BENGALURU 560009 4. THE ASSISTANT EXECUTIVE ENGINEER (ELE) S-7, ASWATH NAGAR, MARATHHALLI, BESCOM, BENGALURU 560037 …RESPONDENTS (BY SRI.PAWAN KUMAR., ADVOCATE ) THIS W.P. IS FILED PRAYING TO DIRECTION, DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE APPEAL AND THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER ON 15.12.2025, THE COPIES OF WHICH ARE PRODUCED AT ANNEXURES-H AND J IN NO-, RESPECTIVELY AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs. i. Issue a writ of mandamus or any other writ or direction directing the respondent No.1 to consider the appeal and the interlocutory application filed - 3 - HC-KAR NC: 2025:KHC:54768 WP No. 38900 of 2025 by the petitioner on 15.12.2025, the copies of which are produced at Annexures-H and J in no.-, respectively and dispose of the same in accordance with law. ii. Grant, such other order or orders as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case to meet the ends of justice. 2. The sole grievance of the petitioner in the present writ petition is that this Court by an order dated 26.11.2025 passed in WP No.26450/2025, permitted the petitioner to file an appeal and further granted 15 days time within which precipitative action for disconnection of electricity was not required to be resorted to. Accordingly, the petitioner has referred the appeal before the first respondent on 15.12.2025. 3. It is the grievance of the petitioner that the interim application made in the appeal has not been ordered upon and that the protection granted by this Court vide order dated 26.11.2025 would come to an end. 4. Learned counsel for the BBMP submits that the appeal preferred by the petitioner would be considered on its merits expeditiously. - 4 - HC-KAR NC: 2025:KHC:54768 WP No. 38900 of 2025 5. In view of the aforementioned, the present petition is disposed of by extending the protection granted by this Court vide order dated 26.11.2025 passed in WP No.26450/2025 in so far as not to disconnect electricity is concerned till the adjudication of the interim application by the first respondent in the appeal filed by the petitioner. With these observations, the writ petition is disposed of. Sd/- (C.M. POONACHA) JUDGE RJ List No.: 1 Sl No.: 28