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2025 DAILYLAW 56780 (KAR)

SRI THALAL v. STATE OF KARNATAKA

WP/23687/2025 · 2025-08-12

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31098 WP No. 23687 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO.23687 OF 2025 (GM-KEB) BETWEEN: SRI. THALAL S/O SRI ABDULLA AGED ABOUT 44 YEARS R/AT KAIPRATH ORKKATERI POST, ERAMALA, KOZIKODE, KERALA – 673 501 …PETITIONER (BY SRI. SRINIVAS V, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY DEPARTMENT OF ENERGY ROOM NO.236, 2ND FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001 2. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE, N.R.SQUARE BANGALURU - 560 002 3. THE BANGALORE ELECTRICITY SUPPLY COMPANY LTD REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R. CIRCLE BENGALURU - 560 001 Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31098 WP No. 23687 of 2025 4. THE ASSISTANT EXECUTIVE ENGINEER EAST SUB-DIVISION NO.4, WHITEFIELD, BENGALURU -560 036 …RESPONDENTS (BY SMT. VAHEEDA, AGA FOR R1; SMT. SINCHANA M R, ADVOCATE FOR R2; SRI. H.V.DEVARAJU, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND QUASH THE NOTICE DATED 30.06.2025 BEARING NO.¸ÀPÁEA(«)/¸ÀEA(vÁ)/¥ÀÆ4/2025-26/1777 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-E TO THE WRIT PETITION; b) GRANT ANY OTHER REMEDY THAT THIS HON’BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Writ petition is filed for following reliefs: a. Issue a writ of certiorari or any other writ of like nature and quash the notice dated 30.06.2025 bearing No.¸ÀPÁEA(«)/¸ÀEA(vÁ)/¥ÀÆ4/2025-26/1777 issued by the 4th respondent vide Annexure-E to the writ petition, etc. 2. Sri Srinivas V., learned counsel for petitioner submits that petitioner is owner of property bearing no.8, portion of BBMP Khata no.4807/Sy.no.65/4, measuring 1980 sq.ft., situated at Pattandur Agrahara village, K.R.Puram Hobli, - 3 - HC-KAR NC: 2025:KHC:31098 WP No. 23687 of 2025 Bengaluru East Taluk, having purchased it under Sale Deed dated 05.01.2024 at Annexure-A. Thereafter Khata was changed in their name and he has paid tax upto date (Annexures-B and C). It was submitted, petitioners applied for and obtained sanction of building plan and licence as depicted at Annexures-D and D1, provided with temporary electricity connection from respondents no.3 and 4 and put up construction. 3. It was further submitted, such being case, petitioner was shocked to receive impugned notice dated 30.06.2025 (Annexure - E) ordering disconnection of power supply to his building. It was submitted said notice was preceded with any notice served on petitioner. It was further submitted, petitioner has completed construction of building and in case non-restoration of power supply, he would put to hardship. Aggrieved thereby, petitioner filed present writ petition. 4. Smt.Vaheeda, learned AGA for respondent no.1, Smt. Sinchana, learned counsel for respondent no.2 and - 4 - HC-KAR NC: 2025:KHC:31098 WP No. 23687 of 2025 Sri HV Devaraju, learned counsel for respondents no.3 and 4 opposed writ petition. 5. Learned counsel for respondents no.3 and 4 would submit that impugned notice in nature of order was passed on receipt of intimation by Zonal Commissioner, BBMP, vide Annexure - B, prohibiting electricity supply to building being constructed in violation of bye-laws. On receipt of said communication, spot inspection report was obtained from jurisdictional Assistant Engineer and found construction was apparently in violation of bye-laws. Therefore, impugned order was justified. 6. Learned Counsel for petitioner further submits that under similar circumstances this Court in WP no.22554/2025, disposed of on 30.07.2025, issued certain directions and same would cover subject matter of present petition also, insofar as petitioner’s premises. 7. Heard learned counsel for parties and perused writ petition records. - 5 - HC-KAR NC: 2025:KHC:31098 WP No. 23687 of 2025 8. Above facts reveal that petitioner is aggrieved by impugned notices in nature of order threatening of disconnection of power supply to petitioner's premises. It is held by this Court in decision relied on that same would impose serious civil consequences and petitioner would be entitled for opportunity of showing cause against proposed action. Same would squarely apply to present petition also. 9. In view of above, Writ petition is disposed of. Impugned Notice/order dated 30/06/2025, bearing No.¸ÀPÁEA(«)/¸ÀEA(vÁ)/¥ÀÆ 4 / 2025-26/1777 issued by respondent no.4 vide Annexure - is quashed. However, in facts and circumstances of this case, it shall be treated as show-cause notice by petitioner and objections, if any, to be filed before respondent no.4 within two weeks from today. If same is filed within time indicated, respondent no.4 shall consider petitioner's objections and pass appropriate orders, in accordance with law, within two weeks thereafter. - 6 - HC-KAR NC: 2025:KHC:31098 WP No. 23687 of 2025 Until then, respondents to restore temporary power connection to petitioner's building subject to payment of advance consumption charges etc., as may be required. Sd/- (RAVI V HOSMANI) JUDGE JJ List No.: 1 Sl No.: 38