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2025 DAILYLAW 55461 (KAR)

SMT PUSHPALATHA v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED

WP/2565/2025 · 2025-07-22

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27519 WP No. 2565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 2565 OF 2025 (GM-KEB) BETWEEN: SMT.PUSHPALATHA, WIFE OF SRI K.KATHROY, DAUGHTER OF K.C.JAYALAKSHMI, AGED ABOUT 40 YEARS, RESIDING AT NO.3/1, VAIBHAV HOTEL BUILDING, BESIDE GOVT. SCHOOL, SARJAPURA ROAD, KAIKONDRAHALLI VILLAGE, VARTHUR HOBLI, BENGALURU - 560 035. …PETITIONER (BY SRI.SUBRAHMANYA KAUSHIK.R.S., ADVOCATE) AND: 1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, CORPORATE OFFICE AT K.R. CIRCLE, BENGALURU - 560 001, REPRESENTED BY ITS MANAGING DIRECTOR. 2. CHIEF ENGINEER, BENGALURU METROPOLITAN AREA ZONE (BESCOM), NO.14/3, 3RD FLOOR, MAHARSHI ARAVINDA BHAVAN, CFC BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001. 3. EXECUTIVE ENGINEER, (ELECTRICITY) (O AND M) BESCOM HSR LAYOUT DIVISION, 1ST FLOOR, 24TH MAIN ROAD, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27519 WP No. 2565 of 2025 17TH CROSS, 2ND SECTOR, HSR LAYOUT, BENGALURU - 560 102. 4. ASSISTANT EXECUTIVE ENGINEER (ELECTRICITY) (COM.O AND M), BESCOM-S11 SUB-DIVISION, GROUND FLOOR, 24TH MAIN, 17TH CROSS, 2ND SECTOR, HSR LAYOUT, BENGALURU - 560 102. 5. SRI.A.RAMAPPA, SON OF LATE SRI ANJANAPPA, AGED ABOUT 46 YEARS, 6. SRI. A.LAKSHMAPPA, SON OF LATE SRI ANJANAPPA, AGED ABOUT 46 YEARS. 7. SMT. V.SHYLAJA WIFE OF A.RAMAPPA, AGED ABOUT 44 YEARS. 8. SMT. L.ROOPA WIFE OF A.LAKSHMAPPA, AGED ABOUT 38 YEARS, RESPONDENT NO.S R5 TO 8 ARE RESIDING AT NO.24, SUNNY BROOKS, SARJAPURA MAIN ROAD, NEAR WIPRO CORPORATE OFFICE, DODDAKANNALLI, CARMELARAM, BENGALURU - 560 035. …RESPONDENTS (BY SRI.SHRIDHAR HEGDE., ADVOCATE FOR R1 TO 4; BY SRI.KARTHIK., ADVOCATE FOR SRI.KRISHNA.R., ADVOCATE FOR R5 TO 8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. - 3 - HC-KAR NC: 2025:KHC:27519 WP No. 2565 of 2025 THIS WRIT PETITION IS LISTED TODAY FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Subrahmanya kaushik.R.S., counsel for the petitioner and Sri.Shridhar Hegde., counsel for respondents 1 to 4 and Sri.Karthik., counsel on behalf of Sri.Krishna.R., for respondents 5 to 8 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Issue a Writ in the nature of mandamus or any other appropriate writ or order or directing Respondents 1 to 4 to forthwith disconnect supply of electricity to the illegal construction for the project named "Sri Balaji Vaibhav" being put up by respondents 5 to 8 on lands including Sy.No.41, Kaikondrahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru. (b) Issue a Writ in the nature of mandamus or any other appropriate writ or order or directing respondents 1 to 4 to cancel/ terminate any licence - 4 - HC-KAR NC: 2025:KHC:27519 WP No. 2565 of 2025 or connection for supply of electricity to the illegal construction for the project named "Sri Balaji Vaibhav" being put up by respondents 5 to 8 on lands including Sy.No.41, Kaikondrahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioner contends that she is the owner of property in question and respondents 5 to 8 are in unauthorized occupation. It is noticed that the petitioner has initiated civil action against respondents 5 to 8 by filing a suit in O.S.No.4293/2025 and the same is pending consideration. The issue regarding unauthorized/ illegal occupation cannot be looked into in the Writ Petition. Hence, I decline to exercise power under Writ jurisdiction and accord the reliefs as prayed for. The petitioner may pursue her grievance in an on-going suit. - 5 - HC-KAR NC: 2025:KHC:27519 WP No. 2565 of 2025 5. Resultantly, the Writ Petition is disposed of. Needless to observe that this order will not come in the way of the Trial Court in disposing of the suit. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 18