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2025 DAILYLAW 55514 (KAR)

M/S RELIANCE PACKAGING INDUSTRIES v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED

WP/11831/2024 · 2025-07-22

Jyoti Mulimani

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27518 WP No. 11831 of 2024 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. 11831 OF 2024 (GM-KEB) BETWEEN: M/S RELIANCE PACKAGING INDUSTRIES, A PARTNERSHIP FIRM, HAVING THEIR REGISTERED OFFICE AT, NO.6/1A, (3025/3026), VIGNESHWARANAGAR, SRI. GANGADAKAVALU, SUNKADAKATTE, BENGALURU-560 091. REPRESENTED BY ITS MANAGING PARTNER, MR.PRASAD S.L.N., AGED ABOUT 53 YEARS. …PETITIONER (BY SRI.SAMMITH. S., ADVOCATE) AND: 1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED REPRESENTED BY ASSISTANT EXECUTIVE ENGINEER (ELE), NO.6, O AND M, SUB-DIVISION, PREMANAGARA, BENGALURU-560 058. 2. BRUHAT BENGALURU MAHANAGARA PALIKE, REPRESENTED BY ITS HEALTH OFFICER, DASARAHALLI ZONAL OFFICE, HESARAGHATTA MAIN ROAD, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27518 WP No. 11831 of 2024 M.E.I. LAYOUT, BAGALAGUNTE, BENGALURU-560 073. …RESPONDENTS (BY SRI.SHIVARAJ., ADVOCATE FOR SRI.NARASIMHA RAJESH K S., ADVOCATE FOR R1; SRI.GANGOOLY., ADVOCATE FOR SRI.K.S.MALLIKARJUNA REDDY., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Sammith.S., counsel for the petitioner, Sri.Shivaraj., counsel on behalf of Sri.Narasimha Rajesh.K.S., for respondent No.1 and Sri.Gangooly., counsel on behalf of Sri.K.S.Mallikarjuna Reddy., for respondent No.2 have appeared in person. 2. The communications dated 03.04.2024 and 12.04.2024 vide Annexures-S and T are called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. - 3 - HC-KAR NC: 2025:KHC:27518 WP No. 11831 of 2024 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. It appears that the General Public raised complaint/ grievance against the petitioner alleging that the running of the industry has caused environmental harm. Based on the complaint, the Medical Officer communicated to the Assistant Executive Engineer for disconnection of power supply. The Assistant Executive Engineer intimated the petitioner to obtain permission from the BBMP to run the industry within seven days, failing which they would take action for disconnection of the power supply. In my view, the respondents have acted without jurisdiction as no power is conferred under the BBMP Act for directing disconnection of power supply and no power is conferred under the Electricity Act to act on the directions of the Municipal officials for disconnection of power supply. Hence, the communications are liable to be quashed. 5. The Writ of Certiorari is ordered. The communications dated:03.04.2024 and 12.04.2024 vide Annexures-S and T are quashed. - 4 - HC-KAR NC: 2025:KHC:27518 WP No. 11831 of 2024 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 13