- 1 - NC: 2025:KHC:8646 WP No. 24199 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 24199 OF 2024 (GM-KEB) BETWEEN: 1. SRI. VENKATARAMA NAIDU KOLA, S/O CHINNABBA NAIDU KOLA, AGED ABOUT 57 YEARS. 2. SMT. APARNA, W/O K V NAIDU, AGED ABOUT 50 YEARS, 3. SRI AKASH KOLAR, S/O VENKATARAM NAIDU KOLA, AGED ABOUT 25 YEARS, ALL ARE R/AT NO.13, 4TH CROSS, 1ST MAIN ROAD, RMV 2ND STAGE, DOLLARS COLONY, BENGALURU - 560 094. …PETITIONERS (BY SRI NANJA REDDY P N, ADVOCATE) AND: 1. BENGALURU ELECTRICITY SUPPLY LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, K R CIRCLE, BENGALURU - 560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER, (ELECTICAL O AND M SUB DIVISION), BENGALURU ELECTRICITY SUPPLY LIMITED, 9TH CENTRAL, SUB DIVISION C-9, TATANAGAR, BENGALURU - 560 092. …RESPONDENTS (BY SRI SRINIDHI S, ADVOCATE FOR R1 AND R2) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8646 WP No. 24199 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 21.08.2024 BEARING NO.AEE(V)SA.IM(T)SA/F-/24-25/907 PASSED BY THE R-2 (ANNEXURE-L) AND THE ORDER DTD 21.06.2024 BEARING NO.AEE(V)SA.IM(T)SA/F-/24-25/512 PASSED BY THE R-2 (ANNEXURE-N) AS THE SAME ARE ILLEGAL, ARBITRARY AND CONTRARY TO THE ELECTRIC SUPPLY REGULATIONS AND ALSO IN VIOLATION OF ARTICLE 21 OF THE CONSTITUTION OF INDIA AND THE RIGHT TO LIBERTY HAS BEEN INFRINGED. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Learned counsel appearing for the respondents has filed statement of objections along with documents. The same is taken on record. 2. With the consent of the parties, the matter is heard on merits. 3. The petition is filed assailing the endorsement dated 21.08.2024 marked at Annexure-L issued by respondent No.2. In terms of the said notice, respondent No.2 has observed that the petitioners have taken temporary electricity connection bearing No.C9TP6114. It is also stated in the said notice that in - 3 - NC: 2025:KHC:8646 WP No. 24199 of 2024 respect of the completed construction, the owner has to obtain permanent electricity connection. The notice would further say that the temporary connection would be disconnected within 7 days from the date of the notice. 4. Pursuant to the notice, the petitioner filed an application at Annexure-N. To the said Annexure-N, on 21.06.2024, respondent No.2 issued reply stating that a registered Trust has filed a complaint not to supply electricity to the petitioners' premises. It is also stated in the said reply that the objection filed by the Trust is accompanied by the Court order. It is further stated in the said reply that the legal opinion is sought from the Legal cell of the respondent and the Legal Cell on 06.05.2024 has opined that the supply of electricity cannot be granted to the petitioners' premises. 5. The petitioners have questioned the reply at Annexure-N dated 21.06.2024. 6. Learned counsel for the petitioners would submit that the reply at Annexure-N is untenable as the reply does not disclose the case number or any Court order restraining the supply of electricity to the petitioners' premises. Thus, he would - 4 - NC: 2025:KHC:8646 WP No. 24199 of 2024 contend that the petitioners are entitled to have electricity connection to their premises in Sy.No.60 of Chikkabettahalli village, Yelahanka taluk. He would also submit that the property bearing Sy.No.60 referred to above is gifted in terms of the registered Gift Deed dated 30.08.2023. 7. Learned counsel appearing for the respondents on the other hand would refer to the statement of objections and the documents produced along with statement of objections. Learned counsel would invite the attention of this Court in O.S.No.7561/2019 on the file of XII Additional City Civil Judge, Bangalore, wherein the petitioners' application seeking temporary injunction against certain persons in respect of the property bearing Sy.Nos.59, 60 and 61 is rejected. He would also refer to the copy of the complaint dated 07.01.2024 filed by the Trust contending that the property bearing Sy.Nos.59, 60 and 61 (old No.18) are Government lands, as such the occupants of the said land are not entitled to electricity supply. Attention of this Court is also drawn to the objections dated 31.07.2024 and 03.08.2024, wherein it is stated that the said Trust has objected to supply electricity to the property in - 5 - NC: 2025:KHC:8646 WP No. 24199 of 2024 Sy.Nos.59, 60 and 61. Reference is also made to the pending appeal in MFA No.1460/2021 before this Court. 8. It is also stated that case pending before this Court under the provision of the Karnataka Land Grabbing Prohibition Act, 2011 in LGC(P) No.412/2023. Thus, he would contend that respondent No.2 is justified in not giving electricity connection to the petitioners. 9. This Court has considered the contentions raised at the bar and perused the records. 10. The records placed before this Court would prima facie reveal that the petitioners are the owners of the property bearing Sy.Nos.59, 60 and 61 of Chikkabettahalli village, Yelahanka taluk. It is also brought to the notice of this Court that one of the signatory to the complaint namely A.M.Kalakand along with others has filed W.P.No.43854/2014 contending that the property in question is Government gomal land. This Court has dismissed the petition on the premise that the Public Interest Litigation is not maintainable. - 6 - NC: 2025:KHC:8646 WP No. 24199 of 2024 11. This Court while dismissing the said petition on 10.02.2020 has also recorded a prima facie finding that the sale transactions have taken place in respect of the property since 2003. 12. The other pending cases have nothing to do with the supply of electricity. 13. Under these circumstances, this Court is of the view that respondent No.2 is not justified in refusing the supply of electricity connection. It is also noticed that respondent No.2 itself has insisted for permanent connection in terms of Annexure-L. Hence, the impugned notice at Annexure-L and reply at Annexure-N are quashed. 14. Respondents shall issue electricity connection to the petitioners, provided other requirements for supply of electricity are met in accordance with law and Regulations applicable. 15. It is made clear that this Court order should not be construed as an order endorsing the petitioners' claim relating to the title of the property bearing Sy.Nos.59, 60 and 61. The observations made in this order shall not be used against any - 7 - NC: 2025:KHC:8646 WP No. 24199 of 2024 of the defendants in the pending suit. The objector Trust which has filed the complaint, if aggrieved by the order is at liberty to move this Court for modification of the order. 16. Till the regular electricity connection is given, temporary electricity connection given to the petitioners' premises shall not be disconnected. 17. Accordingly, the Writ Petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 41