- 1 - HC-KAR NC: 2025:KHC:48796 WP No. 28289 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.28289 OF 2025 (GM-KEB) BETWEEN: M/S. SAPTHAGIRI PROPERTIES A REGISTERED PARTNERSHIP FIRM, NO.563/1, PRERANA TOWERS, BILEKAHALLI, RANKA COLONY ROAD, BENGALURU-560 076 REPRESENTED BY SRI S.N. RAVICHANDRA. &PETITIONER (BY SRI VIVEKANANDA H.S., ADVOCATE) AND: 1. THE ASSISTANT EXECUTIVE ENGINEER BESCOM3S10, BANNERGHATTA KAGGALIPURA ROAD, PILLAGANAHALLI, BENGALURU-560083. 2. MANAGING DIRECTOR BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (CORPORATE OFFICE) AT K.R. CIRCLE, NRUPATHUNGA ROAD, NUNEGUNDLAPALLI, AMBEDKAR VEEDHI, BENGALURU KARNATAKA-560 001. &RESPONDENTS (BY SRI LIKITH R.P., ADVOCATE FOR R-1 AND R-2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REQUEST OF THE PETITIONER MADE AT ANNEXURE-A DATED 02.04.2024 AND CONSEQUENTLY DIRECT THE RESPONDENTS TO REMOVE OR RELOCATE THE ELECTRICAL POLES STATIONED IN THE SCHEDULED PROPERTY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48796 WP No. 28289 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a direction to the respondents to consider the representation (Annexure-A) dated 02.04.2024 and consequently to remove or relocate the electrical poles situated in site No. 26 formed in converted Sy No. 34 measuring 1 acre 20 guntas, situated at Kalena Agrahara Village, Begur Hobli, Bengaluru South Taluk (8schedule property9 for short). 2. It is the case of the petitioner that, based on the intimation given by Gunina Linda Apartments Owners9 Association (8Gunina Linda9 for short), the Bangalore Electricity Supply Company Limited (8BESCOM9 for short) granted approval for re-routing of the existing 11KV 3C x - 95 Sq MM HTUG Cable. The petitioner claims to be the owner of the schedule property under a registered sale deed dated 21.05.2019, submitted a representation to the - 3 - HC-KAR NC: 2025:KHC:48796 WP No. 28289 of 2025 respondent no. 1 requesting relocation of the electrical poles. The petitioner has also filed suit in OS No. 1117 of 2020 seeking permanent injunction against the Gunina Linda and others, which is pending adjudication before the competent Civil Court. The respondent No.1 by the reply dated 05.03.2024 at Annexure-H stated as under : <ªÉÄð£À J¯Áè CA±ÀUÀ¼ÀÄ, zÀÆgÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ ¸À°è¹zÀ zÁR¯ÉUÀ¼À£ÀÄß ¥ÀjUÀt¸ÀĪÀ ªÀÄÆ®PÀ, ¸Àà£ÉÆàïï, 11 PÉ« ¯ÉÊ£ï ªÀÄvÀÄÛ ªÀÄzsÀåAvÀgÀ PÀA§UÀ¼ÀÄ EgÀĪÀ D¹Û E£ÀÆß «ªÁ¢vÀ D¹ÛAiÀiÁVzÉ ªÀÄvÀÄÛ UËgÀªÁ¤évÀ £ÁåAiÀiÁ®AiÀÄUÀ¼À°è ¥ÀæPÀgÀtUÀ¼ÀÄ ¨ÁQ G½¢ªÉ JA§ÄzÀÄ ¸ÀéµÀÖªÁUÀÄvÀÛzÉ, DzÀÝjAzÀ F ¤nÖ£À°è ªÉÄð£À J¯Áè ¸ÀAUÀwUÀ¼À£ÀÄß ¥ÀjUÀt¹ ¸Àà£ï-¥ÉÇÃ¯ï ªÀÄvÀÄÛ EvÀgÀ ¸ÀA§A¢üvÀ «zÀÄåvï G¥ÀPÀgÀtUÀ¼À£ÀÄß ¸ÀܼÁAvÀj¸ÀĪÀ §UÉÎ ªÉĸÀ¸ïð E¤à¤n J¸ÉÖÃlνUÉ ¤ÃqÀ¯ÁzÀ J¯Áè £ÉÆÃn¸ÀμÀ£ÀÄß §¢VqÀ®Ä DzÉò¸À¯ÁVzÉ ªÀÄvÀÄÛ F ¤nÖ£À°è ¸ÀzÀj D¹ÛUÉ ¸ÀA¥ÀPÀð PÀrvÀUÉƽ¸ÀzÀAvÉ DzÉò¹zÉ. DzÀÝjAzÀ ºÁ° EgÀĪÀ ¨É¸ÁÌA ªÀÄÆ®§Ævï ¸Ë®¨sÀåzÀ AiÀiÁªÀÅzÉà ªÀåªÀ¸ÉÜAiÀÄ£ÀÄß ¸ÀܼÁAvÀgÀ ªÀiÁqÀĪÀ AiÀiÁªÀÅzÉà £ÁåAiÀiÁ®AiÀÄzÀ ¤zÉÃð±À£À«®è¢gÀĪÀÅzÀjAzÀ ¸ÀÜVvÀUÉƽ¸À¯ÁVzÉ ªÀÄvÀÄÛ ºÁ° EgÀĪÀ J¯Áè ¨É¸ÁÌA ¸ÁܪÀgÀUÀ½UÉ «zÀÄåvï ¸ÀgÀ§gÁd£ÀÄß ªÀÄÄAzÀĪÀj¸À¯ÁUÀÄvÀÛzÉ JAzÀÄ DzÉò¸À¯ÁVzÉ. CAwªÀÄ wÃ¥ÀÅð UËgÀªÁ¤évÀ £ÁåAiÀiÁ®AiÀÄzÀ DzÉñÀUÀ½UÉ M¼À¥ÀnÖgÀÄvÀÛzÉ.= - 4 - HC-KAR NC: 2025:KHC:48796 WP No. 28289 of 2025 3. By the reply, the respondent-authority merely adverted to the pendency of the suit and Writ Petition 12761 of 2023 filed by the flat owners of Gunina Linda against the vendors of the petitioner. 4. From the records it discloses that respondent- authority was aware of (i) civil suit (ii) the W.P filed by flat owners and (iii) the approval already accorded to Gunina Linda for re-routing. It is also evident that no injunction order operates in O.S.1117/2020. In the writ petition which is filed by the flat owners, it has been held at para Nos.16 and 17 as under: <16. To facilitate above, petitioners and respondents no.5 and 6 are permitted to file their objections and against claim of respondent no.1 before respondent no.3, within two weeks from date of receipt of certified copy of this order after furnishing copy of same to respondent no.1 or his counsel. Thereafter, respondent no.1 would be at liberty to file his - 5 - HC-KAR NC: 2025:KHC:48796 WP No. 28289 of 2025 response to same within one week. Respondent no.3 to pass appropriate orders thereon within two weeks thereafter by considering reply or documents furnished by parties. 17. Considering nature of claim and dispute, in case respondent no.3 were to arrive at conclusion that electricity connection requires shifting, it shall endeavour to cause least inconvenience to apartment owners.= 5. This Court directed the authority to consider the objections of all stakeholders and pass orders in accordance with law. Thus, the respondents were under an obligation to consider the petitioner9s representation in accordance with law. 6. In the above circumstances, having regard to the pendency of the petitioner9s representation as well as the permission earlier granted to Gunina Linda for re-routing of the cable, this Court deems it appropriate to pass the following : - 6 - HC-KAR NC: 2025:KHC:48796 WP No. 28289 of 2025 ORDER (i) The Writ Petition is disposed of. (ii) Respondents are directed to consider the petitioner9s representation dated 02.04.2024 keeping in mind Annexure-E (letter addressed to Gunina Linda Apartment Owners Association), the fact that there is no injunction operating in Original Suit 1117 of 2020 and the observations and directions passed in WP 12761 of 2023 and to pass appropriate orders within four weeks from the date of receipt of the certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 58