- 1 - HC-KAR NC: 2025:KHC:27824 WP No. 4826 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 4826 OF 2024 (GM-KEB) BETWEEN: SRI. M.MADHUSUDAN, S/O LATE H.D.MUNIRAJU, AGED ABOUT 41 YEARS, NO 122, SEEGADI BEEDI, HAROHALLI, HAROHALLI TALUK, RAMANAGARA DIST-562 112. …PETITIONER (BY SRI. B.C.VENKATESH., ADVOCATE) AND: 1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), A GOVERNMENT OF KARNATAKA COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, REGISTERED OFFICE AT: K.R.CIRCLE, BENGALURU-560 001. REPRSENTED BY ITS MANAGING DRIECTOR. 2. THE ASSISTANT EXECUTIVE ENGINEER (V), BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, O AND M SUB-DIVISION, HAROHALLI, HAROHALLI TALUK, RAMANAGARA DIST-562 112. 3. SRI. H.M.GIRISH S/O MASHNAIAH, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27824 WP No. 4826 of 2024 AGED ABOUT 45 YEARS, CHIEF SECRETARY, JAYA KARNATAKA JANAPARA VEDIKE, RAMANAGARA, R/O NO 46, MEGALABEEDI, HAROHALLI, HAROHALLI TALUK, RAMANAGARA DISTRICT-562 112. …RESPONDENTS (BY SRI. GURUPRASAD.P., ADVOCATE FOR SRI. ADAGATTI PRAVEEN GANGADHAR., ADVOCATE FOR R1 & 2; R3-SERVED AND UNREPRESENTED) 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.B.C.Venkatesh., counsel for the petitioner and Sri.Guru Prasad.P., counsel on behalf of Sri.Adagatti Praveen Gangadhar., for respondents 1 and 2 have appeared in person. An emergent notice to respondent No.3 was ordered on 15.02.2024. A perusal of the office note depicts that respondent No.3 is served and unrepresented. He has neither engaged the services of an advocate nor conducted the case as a party-in-person. 2. The Communication dated 03.02.2024 issued by the second respondent vide Annexure-A is called into question in - 3 - HC-KAR NC: 2025:KHC:27824 WP No. 4826 of 2024 this Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. It appears that one Mr.H.M.Girish had given a complaint to the BESCOM Authorities against the petitioner. Based on the said complaint, the Assistant Executive Engineer issued a communication to the petitioner on 03.02.2024 stating that the he has encroached the public lane and open space and has constructed the building after expiry of the building license and called upon the petitioner to furnish certain documents, failing which they would take action to disconnect the power supply. The petitioner submitted his reply to the communication. However, the BESCOM Authority precipitated the matter for disconnection of the power supply. The allegation about the encroachment and violating building license raises disputed questions of fact. Hence, the BESCOM Authorities could not have acted based on a vague complaint. In my view, the BESCOM Authorities have acted without - 4 - HC-KAR NC: 2025:KHC:27824 WP No. 4826 of 2024 jurisdiction as no power is conferred under the Electricity Act to act on a vague complaint for disconnection of power supply. Hence, the communication is liable to be quashed. 5. The Writ of Certiorari is ordered. The communication dated 03.02.2024 issued by the second respondent vide Annexure-A is quashed. 6. Resultantly, writ petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 15