- 1 - HC-KAR NC: 2025:KHC:48500 WP No. 34594 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 34594 OF 2025 (LB-BMP) BETWEEN: SRI. RAMAKRISHNAPPA, S/O LATE MUNIVENKATAPPA AGED ABOUT 69 YEARS RESIDING AT NO.141, 2ND 'D' MAIN ROAD 8TH BLOCK, KORAMANGALA, BENGALURU-560095. …PETITIONER (BY SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU-560001. 2. THE ZONAL COMMISSIONER MAHADEVAPURA ZONE, BBMP WHITEFIELD MAIN ROAD, BENGALURU-560066 3. THE ASSISTANT EXECUTIVE ENGINEER WHITEFIELD SUB-DIVISION, BBMP, MAHADEVAPURA RANGE, BENGALURU-560066 4. THE ASSISTANT EXECUTIVE ENGINEER (ELEC) 4TH WEST SUB-DIVISION, BESCOM WHITEFIELD, BENGALURU-560066 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR RESPONDENT NOS.1 TO 3; Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48500 WP No. 34594 of 2025 SRI. H.V.DEVARAJU, ADVOCATE FOR RESPONDENT NO.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO PRECIPITATE ANY COERCIVE ACTION, INCLUDING DEMOLITION OR REMOVAL OF THE FUSE / ELECTRIC METER, IN RESPECT OF THE SCHEDULE PROPERTY, PENDING ADJUDICATION OF THE STATUTORY APPEAL UNDER SECTION 253 OF THE BBMP ACT, 2020 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondents not to take any coercive action including demolition of the building or removal of the fuse/electric meter installed in the schedule property and to direct the respondent No.4 to restore and maintain the power supply to the petitioner's property subject to payment of consumption charges. 2. (i) The petitioner claims to be the owner of a property bearing Municipal No.3614/5-1 formed in Sy.No.5/1 situate at Ramagondanahalli village, Varthur Hobli, Bengaluru East Taluk. He contends that the property is assessed to tax by - 3 - HC-KAR NC: 2025:KHC:48500 WP No. 34594 of 2025 the respondent Nos.1 and 2. The petitioner claims that a structure existed on the property, which was renovated by him. He thereafter, applied for an electricity connection. He claimed that the property is now in the occupation of the tenants, who have commenced commercial activities after obtaining valid trade licence. However, the respondent No.3 issued a provisional order and notice under Sections 248(1) and 248(2) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (henceforth referred to as 'BBMP Act, 2020'). The petitioner claims that the said notice was not served on him. However, after coming to know of the same, he filed his reply. The respondent No.3 without considering the reply passed an order dated 06.03.2023 confirming the provisional order and directed the demolition of the structure and also recommended to remove the electric meter installed in the premises. (ii) The petitioner claims that he has challenged the order passed by the respondent No.3 before the respondent No.1/Chief Commissioner under Section 253 of the BBMP Act, 2020, which is pending consideration. However, in the meanwhile, he alleges that the respondent No.4 has removed the electric meter installed in the premises. The petitioner is - 4 - HC-KAR NC: 2025:KHC:48500 WP No. 34594 of 2025 therefore, before this Court seeking for a direction as stated above. 3. The learned counsel for respondent Nos.1 to 3 fairly submitted that until the appeal pending before the respondent No.1 is considered, the respondent Nos.1 to 3 will not take any precipitative action. 4. This is however, countered by the learned counsel for the petitioner, who contends that the respondent No.4 has already taken away the electric meter installed in the premises. He therefore, prays that direction be issued to the respondent No.4 to reinstall the electric meter. 5. I have considered the submissions of the learned counsel for the petitioner as well as the learned counsel for the respondent Nos.1 to 3. 6. The petitioner has admitted that an order under Section 248(3) of the BBMP Act, 2020, was passed and that an appeal is now pending consideration before the respondent No.1. The question, whether the petitioner was required to obtain a plan or not and whether the construction put up by the - 5 - HC-KAR NC: 2025:KHC:48500 WP No. 34594 of 2025 petitioner is in accordance with the byelaws or not, is at large before the respondent No.1. Therefore, until said issues are considered and disposed off, the respondent No.3 cannot take any further action. The respondent No.4 who had acted pursuant to the order passed under Section 248(3) of the BBMP Act, 2020, is bound to be reined in by directing him to restore the electric meter. 7. In that view of the matter, the following order is passed: ORDER (i) This petition is allowed. (ii) The respondent Nos.1 to 3 are directed not to take any precipitative action against the construction put up by the petitioner until the appeal filed by him before the respondent No.1 is disposed off. (iii) The respondent No.1 shall endeavor to dispose off the appeal within a period of three months from the date of receipt of a certified copy of this Order. - 6 - HC-KAR NC: 2025:KHC:48500 WP No. 34594 of 2025 (iv) The respondent No.4 is directed to forthwith restore the electric supply/electric meter installed to the premises of the petitioner. 8. Learned counsel for the respondent Nos.1 to 3 and learned counsel for respondent No.4 are permitted to file memo of appearance within a period of ten days from today. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 48