- 1 - HC-KAR NC: 2025:KHC:48112 WP No. 22120 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.22120 OF 2024 (GM-KEB) BETWEEN: SREE RAMA ANJENEYA SEVA SAMITHI (REGD.) SITUATED AT HORAKOTE, MALAVALLI TOWN, MANDYA DISTRCIT-571430 REPRESENTED BY ITS SECRETARY SRI BOREGOWDA S/O BOREGOWDA, AGED ABOUT 39 YEARS. …PETITIONER (BY SRI R. HEMANTH RAJ, ADVOCATE) AND: 1. SMT. M.C. NAGARATHNA, CHIEF EXECUTIVE OFFICER, AGED ABOUT 55 YEARS, MALAVALLI MUNICIPALITY, MALAVALLI TOWN, MANDYA DISTRCIT-571430. 2. THE CHIEF OFFICER, MALAVALLI MUNICIPALITY, MALAVALLI TOWN, MANDYA DISTRCIT-571430. 3. THE ASSISTANT EXECUTIVE ENGINEER, CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48112 WP No. 22120 of 2024 MALAVALLI TOWN, MANDYA DISTRCIT-571430. 4. THE EXECUTIVE ENGINEER, CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED, MADDUR DIVISION, MADDUR, MANDYA DISTRCIT-571428. 5. THE PRINCIPAL SECRETARY, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001. …RESPONDENTS (BY SRI G.M. ANANDA, ADVOCATE FOR R-1 & R-2; SRI A. CHANDRA CHUD, ADVOCATE FOR R-3 & R-4; SRI RAJ KUMAR M., AGA FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO INITIATE DEPARTMENTAL PROCEEDINGS AGAINST THE 1ST RESPONDENT INCLUDING LAUNCHING THE CRIMINAL PROCEEDINGS FOR HER ILLEGAL ACTION TAKEN AGAINST THE PETITIONER TRUST IN THE INTEREST OF JUSTICE AND EQUITY; DIRECT THE 3RD AND 4TH RESPONDENTS TO GIVE ELECTRICITY CONNECTION TO THE PETITIONER TRUST BUILDING/TEMPLE WITH IMMEDIATE EFFECT WITHOUT INFLUENCED BY ANY DIRECTIONS ISSUED BY THE 2ND RESPONDENT OR ANY AUTHORITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:48112 WP No. 22120 of 2024 ORAL ORDER The petitioner has approached this Court seeking the following reliefs: “a. To initiate departmental proceedings against the 1st Respondent including launching the criminal proceedings for her illegal action taken against the Petitioner trust in the interest of justice and equity. b. To issue writ of mandamus directing the 3rd and 4th Respondents to give electricity connection to the Petitioner trust building/temple with immediate effect without influenced by any directions issued by the 2nd Respondent or any authority. c. To quash the Letter dated 04.07.2024 in No.Pu.Ma/Kam Sha/CR/01/2024-25 written by the 2nd Respondent to the 3rd Respondent produced vide Annexure-G in the writ Petition. d. To Pass such other orders as this Hon’ble court deems fit to pass in the interest of Petitioner.” 2. The brief facts necessary for consideration are that, the petitioner is a registered trust managing the ancient Anjaneya and Rama Temples at Horakote, for which the Municipal Khata was earlier transferred in the - 4 - HC-KAR NC: 2025:KHC:48112 WP No. 22120 of 2024 name of President of petitioner-Trust and a valid No Objection Certificate at Annexure-F was issued by the Competent Authority for obtaining electricity connection. After the completion of construction, pursuant to the earlier order of this Court in W.P.No.28645/2023, the petitioner approached the Chamundeshwari Electricity Supply Corporation Limited-respondent No.3 for power supply. However, respondent No.1 issued the impugned communication dated 04.07.2024 (Annexure–G), directing the electricity authorities not to provide connection, although the NOC was never cancelled by any authority. 3. Learned counsel for the petitioner contends that the impugned action is only without justification, in violation of principles of natural justice, and constitutes a colourable exercise of power intended to favour a rival group and that respondent Nos.1 and 2 had no authority to withdraw or override a subsisting NOC and that denial of power connection on the basis of an endorsement by - 5 - HC-KAR NC: 2025:KHC:48112 WP No. 22120 of 2024 respondent No.1 amounts to arbitrary obstruction of a basic civic service. 4. Learned counsel for respondent Nos.1 and 2 on the other hand would contend that the temple property stands in the name of Anjaneya Swamy Temple from 1954 onwards, and the petitioner's trust has no lawful authority over the temple, that the khata and the construction license relied upon by the petitioner were irregularly obtained and contrary to the Karnataka Municipalities Act, 1964 (‘the Act’ for short), that the proceedings before the Civil Court and the Tahsildar regarding the temple's muzrai status justified issuance of Annexure–G and that no malafides can be attributed to respondent No.1, who acted only in an official capacity and thus, submits that the writ petition is not maintainable and prays for dismissal. 5. Having heard the learned counsel for the parties, and on perusal of the material placed on record, it is not in dispute that respondent No.2 – The Chief Officer, - 6 - HC-KAR NC: 2025:KHC:48112 WP No. 22120 of 2024 Malavalli Municipality had already issued a valid No Objection Certificate (NOC) (Annexure-F) for grant of electricity connection to the petitioner temple premises. The NOC issued by respondent No.2 has not been cancelled, withdrawn or modified by any Competent Authority in accordance with law. In the absence of any statutory cancellation of Annexure-F, respondent No.2 had no jurisdiction to unilaterally issue the impugned endorsement/communication (Annexure-G) directing respondent Nos.3 and 4 - the electricity authority to withhold the power connection at this stage. 6. Learned counsel appearing for the petitioner brings to the notice of this Court that the action on the part of respondent No.1 is not for the first time, but similar order was passed by respondent No.1 and which compelled the petitioner to approach this Court in W.P.No.28645/2023. Though the petitioner in the earlier writ petition had approached the Court against the endorsement issued by the very same respondent, the - 7 - HC-KAR NC: 2025:KHC:48112 WP No. 22120 of 2024 relief sought therein was for initiation of a departmental enquiry against the action of respondent Nos.2 and 3. This Court disposed of the writ petition with the following directions: “(A) The petition is allowed quashing the impugned Annexures-O dated 21.11.2023 and Q dated 27.11.2023 directing the revenue entry (E-Katha) for the subject temple to continue in the name of the petitioner subject to adjudication on the controversy whether ‘Sri Anjaneya Swamy Devasthana’ is a Muzrai temple or otherwise and subject to the final conclusion in O.S.No.62/2023 pending on the file of Senior Civil Judge and JMFC, Malavalli. (B) It is needless to observe that consequent to the order as aforesaid, the petitioner shall be entitled to continue with the construction and any construction so put up will be subject to the adjudication as aforesaid.” 7. The impugned endorsement again issued in the present case by respondent No.1 is without authority, contrary to the record and amounts to colorable exercise - 8 - HC-KAR NC: 2025:KHC:48112 WP No. 22120 of 2024 of power. Accordingly, the writ petition deserves to be allowed and this Court pass the following : ORDER (i) The writ petition is allowed. (ii) The impugned communication/ endorsement dated 04.07.2024 (Annexure-G) issued by respondent No.1 is hereby quashed. (iii) It is declared that the No Objection Certificate dated 08.05.2024 at Annexure-F issued by the Competent Authority continues to remain valid and operates and the petitioner is entitled to act upon the same. (iv) Respondent Nos.3 and 4 are directed to provide electricity connection to the petitioner premises within two weeks from today, subject to the petitioner fulfilling the requisite formalities without being influenced by any communication issued by respondent No.1. - 9 - HC-KAR NC: 2025:KHC:48112 WP No. 22120 of 2024 (v) In view of the wholly unwarranted, unauthorized action, leading to obstruction of basic civic service, despite the subsisting NOC issued by the Competent Authority in favour of the petitioner-trust, the action on part of respondent No.1 is highly deprecated. (vi) This Court directs the competent supervisory authority of the Urban Development Department to initiate appropriate departmental action against respondent No.1 for issuing Annexure-G without jurisdiction and acting contrary to the statutory frame work and the rights of the petitioner. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 19