- 1 - HC-KAR NC: 2025:KHC:30352 WP No. 8604 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 8604 OF 2021 (GM-KEB) BETWEEN: PRAMOD R KAMAT, S/O RAMADAS M KAMAT, AGED 70 YEARS, R/AT NO.85, OKULI PURAM, BENGALURU - 560 021. …PETITIONER (BY SRI. SHRIDHAR PRABHU.,ADVOCATE) AND: 1. UNION OF INDIA, MINISTRY OF POWER, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI - 110 001, (REP. BY ITS SECRETARY). 2. STATE OF KARNATAKA, DEPARTMENT OF ENERGY, VIKASA SOUDHA, BENGALURU - 560 001, (REP. BY ITS ADDITIONAL CHIEF SECRETARY). 3. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (A GOVERNMENT COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT 1956) HAVING ITS REGISTERED OFFICE AT K R ROAD, BENGALURU - 560 001, (REP. BY ITS MANAGING DIRECTOR). Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30352 WP No. 8604 of 2021 4. THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) C, O AND M SUB DIVISION- N3, BESCOM LIMITED, BASAVESHWARANAGAR, BENGALURU - 560 105. 5. POLICE INSPECTOR, BESCOM VIGILANCE POLICE STATION, RAJAJINAGAR, BANGALORE - 5600 …RESPONDENTS [BY SRI MADHUKAR DESHPANDE, ADVOCATE FOR R1 (PH); SMT.VAHEEDA, AGA FOR R.2 (PH); SRI H.V.DEVARAJU, ADVOCATE FOR R.3 TO R.5 (PH)] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ADJUDGE, HOLD AND DECLARE THAT SECTION 135 OF THE ELECTRICITY ACT, 2003, AS AMENDED BY THE ELECTRICITY (AMENDMENT) ACT, 2007 (NO. 26 OF 2007) PUBLISHED IN GAZETTE OF INDIA EXTRA-ORDINARY DATED 29TH MAY, 2007 SUBSTITUTING FOR SUB-SECTION (1) OF SECTION 135 OF THE ELECTRICITY ACT, 2003 PRODUCED AT ANNEXURE A ISSUED BY THE 1ST RESPONDENT VIOLATES ARTICLES 14, 19 AND 21 OF THE CONSTITUTION OF INDIA AND IS THEREFORE, ULTRA VIRES THE CONSTITUTION OF INDIA AND ETC., THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC:30352 WP No. 8604 of 2021 ORAL ORDER This writ petition is filed seeking following reliefs: "A. Call for records from the 3rd and 4th Respondents; B. Adjudge, hold and declare that Section 135 of the Electricity Act, 2003, as amended by the Electricity (Amendment) Act, 2007 (No. 26 of 2007) published in Gazette of India Extra-ordinary dated 29th May, 2007 substituting for Sub-Section (1) of Section 135 of the Electricity Act, 2003 produced at Annexure - A issued by the 1st Respondent violates Articles 14, 19 and 21 of the Constitution of India and is therefore, ultra vires the Constitution of India; C. Issue a writ of Certiorari, or a writ in the nature of Certiorari or any other appropriate writ, order or direction for quashing the entire proceedings initiated in relation to the periodic report bearing No. EEE/AEE/HTRIYMT/BASZ/30 dated 15th April, 2021 issued by the 4th Respondent produced at Annexure-B; Alternately D. Issue a writ of Mandamus, or a writ in the nature of Mandamus, or any other appropriate writ, order or direction thereby directing the Respondents not to enforce Section 135 of the Electricity Act, 2003 Electricity Act, 2003, as amended by the Electricity (Amendment) Act, 2007 (No. 26 of 2007) published in Gazette of India Extra-ordinary dated 29th May, 2007 substituting for Sub-Section (1) of Section 135 of the Electricity Act, 2003 produced at Annexure - A issued by the 1st Respondent. insofar as the requirement of deposit of entire assessment amount is concerned; E. Issue a writ of Mandamus, or a writ in the nature of Mandamus, or any other appropriate writ, order or direction thereby directing the Respondents not to enforce Section 135 of the Electricity Act, 2003 Electricity Act, 2003, as amended by the Electricity (Amendment) Act, 2007 (No. 26 of 2007) published in Gazette of India Extra-ordinary dated 29th May, 2007 substituting for Sub-Section (1) of Section 135 of the Electricity Act, 2003 produced at Annexure - A issued by the 1st Respondent in the State of Karnataka until assessing officers are - 4 - HC-KAR NC: 2025:KHC:30352 WP No. 8604 of 2021 appointed for conducting assessment under this section; F. Issue a writ of Mandamus, or a writ in the nature of Mandamus, or any other appropriate writ, order or direction thereby directing 3rd and 4th Respondents to act upon as per the communications dated 2nd August, 2019 and 16th November, 2019 are produced herein as Annexure- D1 and Annexure-D2 respectively; and etc." 2. Sri Sridhar Prabhu, learned counsel for petitioner submitted that since respondents no.3 and 4 had taken further action in pursuance of Annexures-D1 and D2 and directions issued by this Court in W.P.no.14243/2023, petitioner's grievance about appropriate tariff applicable to user of petitioner-Institution stands complied, power supply restored to petitioner-Institution and petitioner has been paying bills as per revised tariff. Consequently, petitioner's grievance against Annexure-B, about propriety of removal of meter installed and apprehended action based on vigilance report, it was submitted, writ petition was pending from 2021 and till today, no action has been taken by respondents, without there being any interim order. 3. Learned counsel for respondents does not dispute submission. - 5 - HC-KAR NC: 2025:KHC:30352 WP No. 8604 of 2021 4. In view of above, writ petition is disposed of as having become infructuous by keeping open challenge on constitutional validity against provisions of Electricity Act to be urged in appropriate petition. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 43