- 1 - HC-KAR NC: 2025:KHC:28651 WP No. 22362 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.22362 OF 2025 (LB-BMP) BETWEEN: SRI.BATTAR SETTY SRINIVASULU (SENIOR CITIZEN NOT CLAIMED) AGED ABOUT 73 YEARS S/O LATE SRI B RAMASWAMY PERMANENTLY R/AT NO.6/601-11B SANKARAPURAM KADAPA POST AND DISTRICT ANDHRA PRADESH-561002 …PETITIONER (BY MS.YASHASWINI S, SENIOR ADVOCATE FOR SRI.AKASH V.T, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE BENGALURU BENGALURU -560002 2. ASSISTANT EXECUTIVE ENGINEER HOODI SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BENGALURU -560048 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28651 WP No. 22362 of 2025 3. M/S BENGALURU ELECTRICITY SUPPLY CO., LTD REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR SHESHADRI ROAD, K R CIRCLE BENGALURU-560001 4. THE ASSISTANT EXECUTIVE ENGINEER EAST-12, SUB DIVISION B.E.S.COM., MAHADEVAPURA BENGALURU-560048 …RESPONDENTS (BY SRI.PAWAN KUMAR, ADVOCATE FOR R.1 AND R.2; SMT.ANUSHA PRASAD, ADVOCATE FOR R.3 AND R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PROVISIONAL ORDER DATED 30.12.2023 UNDER SECTION 248(1) OF BBMP ACT, 2020 BEARING NO. BBMP/A.E.E/H.S.D/P.O/374/ 2023-24 PASSED BY THE R2 AT ANNEXURE -A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed assailing the provisional orders dated 30.12.2023 issued by respondent No.2 as per Annexures-A and B and the Confirmation Order dated - 3 - HC-KAR NC: 2025:KHC:28651 WP No. 22362 of 2025 31.01.2024 issued by respondent No.2 as per Annexure-C as well as the impugned communication dated 14.07.2025 issued by respondent No.4 as per Annexure-D indicating that the power connection would be disconnected within seven days. 2. The short point that arises for consideration in the present writ petition is whether respondent No.4 – BESCOM, was justified in issuing the impugned notice dated 14.07.2025 (Annexure-"D") threatening disconnection of power on the ground that a confirmation order has been passed against the petitioner under Section 248(3) of the BBMP Act, 2020. 3. This Court has taken serious note of the conduct of respondent authorities, in mechanically issuing such coercive notices despite the fact that the petitioner has availed a statutory remedy by filing an appeal under Section 253 of the BBMP Act, 2020, which is pending consideration. Issuance of such notice while the matter is - 4 - HC-KAR NC: 2025:KHC:28651 WP No. 22362 of 2025 sub judice before the Appellate Authority reflects a disregard for due process and unnecessarily contributes to avoidable litigation. 4. Once the petitioner has preferred an appeal and the same is pending adjudication, it was incumbent upon respondent No.4 to exercise restraint and await the decision of the Appellate Authority. The issuance of the impugned notice dated 14.07.2025 at Annexure "D" is clearly premature and arbitrary, and therefore, not sustainable in law. 5. In view of the above, this Court passes the following: ORDER (i) The writ petition is partly allowed. (ii) The impugned notice dated 14.07.2025 issued by respondent No.4 vide Annexure-D, is hereby kept in abeyance until final disposal of the appeal pending - 5 - HC-KAR NC: 2025:KHC:28651 WP No. 22362 of 2025 before the Appellate Authority under Section 253 of the BBMP Act, 2020. (iii) It is made clear that respondent No.4 shall not take any coercive action against the petitioner pursuant to the said notice during the pendency of the appeal. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 13