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2025 DAILYLAW 68546 (KAR)

SRI CUCKOO DELHI v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED

WP/11623/2024 · 2025-07-21

Jyoti Mulimani

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27202 WP No. 11623 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 11623 OF 2024 (GM-KEB) BETWEEN: SRI. CUCKOO DELHI S/O LATE M.M.DELHI, AGED ABOUT 50 YEARS, ADVOCATE, OFFICE AT NO.27/1(442), 6TH MAIN ROAD, "A" BLOCK, 17TH CROSS, RAJAJINAGAR, 2ND STAGE, MALLESHWARAM WEST, BANGALORE-560 055. …PETITIONER (BY SRI.V.SUBASH REDDY., ADVOCATE) AND: 1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, WHOLLY OWNED BY THE GOVERNMENT OF KARNATAKA, REPRESENTED BY IT'S SECRETARY, CORPORATE OFFICE, K.R.CIRCLE, BANGALORE-560 001. 2. THE CHIEF ENGINEER (ELE), BANGALORE METROPOLITAN CITY AREA RANGE P.B.NO.5163, NO.14/3, MAHARSHI ARAVINDA BHAVANA, NRUPATHUNGA ROAD, BANGALORE-560 001. 3. ASSISTANT EXECUTIVE ENGINEER (ELE), NO.C1, SUB-DIVISION, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27202 WP No. 11623 of 2024 BESCOM, RAJAJINAGAR 2ND BLOCK, BANGALORE - 560 010. …RESPONDENTS (BY SRI.H.V.DEVARAJU., ADVOCATE FOR R1 TO 3) 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.V.Subash Reddy., counsel for the petitioner and Sri.H.V.Devaraju., counsel for respondents 1 to 3 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash Annexure-E issued by the third respondent, on 02.04.2024 No.AEE/AAO/C1/2024-25/9 and direct the respondents to consider the electricity connection of the petitioner office as LT2(a) as domestic use for his Advocate office. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 3 - HC-KAR NC: 2025:KHC:27202 WP No. 11623 of 2024 3. Suffice it to note that a communication was issued by the Assistant Executive Engineer to the petitioner on 02.04.2024 regarding Tariff applicable for installation bearing RR.No.C1LG37597. Counsel Sri.H.V.Devaraju., submits that the issue in the present Writ Petition involves disputed question of fact. Hence, he submits that the petitioner may be directed to approach the CGRF and put forth all his contentions and grievance. Counsel, therefore, submits that an appropriate order may be passed. The oral submission made by counsel Sri.H.V.Devaraju., is placed on record. The issue involved in the Writ Petition is about the usage of the power supply by the advocate's office. The petitioner contends that the same does not come under the Shops and Commercial Establishments Act, 1961. On the contrary, the BESCOM contends that the installation has been serviced under LT-3(a). The contention and the grievance of the petitioner involves disputed questions of fact and the same cannot be adjudicated under Articles 226 and 227 of the Constitution of India. Hence, the petitioner is directed to approach the CGRF and put forth his contentions and grievance - 4 - HC-KAR NC: 2025:KHC:27202 WP No. 11623 of 2024 by raising a complaint within thirty days from the receipt of certified copy of this order. All the contentions of the parties are left open. 4. Resultantly, the Writ Petition is disposed of. This Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 13