Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31093 WP No. 23636 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.23636 OF 2025 (GM-KEB) BETWEEN:
1.
SMT BYSANI AMARAVATHI W/O BYSANI RAMAKRISHNAREDDY AGED ABOUT 41 YEARS R/AT NO.7, MUGDHA NILYAM, FLAT NO.601 4TH CROSS, NEAR POST OFFICE OUTER CIRCLE ROAD, WHITEFIELD, BENGALURU – 560 066
2.
SMT. GEETHA W/O AMASA SESHAREDDY R/AT 11-255, MAIN STREET, KOTALOPALLI, CHILAMATHUR, ANANTAPUR ANDRAPRADESH – 515 601 …PETITIONERS (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, BENGALURU - 560 001
2.
THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGAR
PALIKE, N.R.SQUARE BENGALURU - 560 002
3.
THE BANGALORE ELECTRICITY
Digitally signed by MADHUSHREE H Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31093 WP No. 23636 of 2025
SUPPLY COMPANY LTD REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K.R. CIRCLE BENGALURU - 560 001
4.
THE ASSISTANT EXECUTIVE ENGINEER (BESCOM) EAST SUB-DIVISION NO.4, WHITEFIELD, BENGALURU -560 036 …RESPONDENTS (BY SMT. VAHEEDA, AGA FOR R1;
SMT. SINCHANA M R, ADVOCATE FOR R2;
SMT. H.V.DEVARAJU, ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND QUASH THE NOTICE DATED 21.07.2025 BEARING NO.¸ÀPÁEA(«)/¸ÀEA(vÁ)/¥ÀÆ4/2025- 26/2296 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-E TO THE WRIT PETITION, ETC
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 21.07.2025 bearing No.¸ÀPÁEA(«)/¸ÀEA(vÁ)/¥ÀÆ4/2025-26/2296 issued by the 4th respondent vide annexure-e to the writ petition, etc
2. Sri Srinivas V., learned counsel for petitioners submits that petitioners are owners of property bearing no.6,
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HC-KAR NC: 2025:KHC:31093 WP No. 23636 of 2025
portion of BBMP Khata no.4807/Sy.no.65/4, measuring 3150 sq. ft. situated at Pattandur Agrahara village, K.R.Puram Hobli, 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, petitioners were shocked to receive impugned notice dated 21.07.2025 (Annexure - E) ordering disconnection of power supply to their building. It was submitted said notice was preceded with any notice served on petitioners. It was further submitted, petitioners have completed construction of building and in case non-restoration of power supply, they would put to hardship. Aggrieved thereby, petitioners filed present writ petition.
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HC-KAR NC: 2025:KHC:31093 WP No. 23636 of 2025
4. Smt.Vaheeda, learned AGA for respondent no.1, Smt. Sinchana, learned counsel for respondent no.2 and 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 - E, 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 petitioners 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 petitioners' premises.
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HC-KAR NC: 2025:KHC:31093 WP No. 23636 of 2025
7. Heard learned counsel for parties and perused writ petition records.
8. Above facts reveal that petitioners are aggrieved by impugned notices in nature of
order threatening of disconnection of power supply to petitioners' 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 21/07/2025, bearing No.¸ÀPÁEA(«)/¸ÀEA(vÁ)/¥ÀÆ 4 / 2025-26/2296 issued by respondent no.4 vide Annexure - E is quashed. However, in facts and circumstances of this case, it shall be treated as show-cause notice by petitioners 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 petitioners' objections and pass appropriate orders, in accordance with law, within two weeks thereafter.
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HC-KAR NC: 2025:KHC:31093 WP No. 23636 of 2025
Until then, respondents to restore temporary power connection to petitioners' building subject to payment of advance consumption charges etc., as may be required.
Sd/- (RAVI V HOSMANI) JUDGE
JJ List No.: 1 Sl No.: 33