- 1 - HC-KAR NC: 2025:KHC:28901 WP No. 22347 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 22347 OF 2025 (LB-BMP) BETWEEN: 1. SRI. M. NARASIMHA MURTHY S/O MALLAPPA AGED ABOUT 50 YEARS 2. SMT. ANITHA LAKSHMMAMMA W/O M. NARASIMHA MURTHY AGED ABOUT 49 YEARS BOTH ARE RESIDENTS OF NO.30, 8TH CROSS NEAR MUNESHWARA TEMPLE G.G. PALYA, BENGALURU-560022. …PETITIONERS (BY SRI. BALARAJ .A.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560001. 2. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BENGALURU-560001. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28901 WP No. 22347 of 2025 3. THE ZONAL COMMISSIONER RAJARAJESHWARI ZONE BRUHAT BENGALURU MAHANAGARA PALIKE IDEAL HOMES, 18TH CROSS R R NAGARA, BENGALURU-560098. 4. THE ASSISTANT EXECUTIVE ENGINEER GORUGUNTEPALYA SUB DIVISION BBMP, NO.8/13 LAKSHMINATH COMPLEX NANDINI LAYOUT, BENGALURU-560096. 5. THE ASSISTANT EXECUTIVE ENGINEER (ELEC) 7TH NORTH SUB-DIVISION BESCOM, KURUBARAHALLI BENGALURU-560086. 6. THE ASSISTANT EXECUTIVE ENGINEER (ELE) VA.KAA. AND PA. PEENY DIVISION B.E.COM.NO.A-33/1, 1ST FLOOR PEENYA 2ND STAGE, BMTC SUB STATION BENGALURU 560058. 7. THE ASSISTANT EXECUTIVE ENGINEER SUB-DIVISION-2, NORTH EAST-2 SUB-DIVISION, BWSSB NEAR BUS STATION PEENYA II STAGE BENGALURU-560087. …RESPONDENTS (BY SRI. H.K.KENCHE GOWDA, AGA FOR R1; SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R4; SMT. ANUSHA PRASAD, ADVOCATE FOR R5 AND R6; SRI. B.L. SANJEEV, ADVOCATE FOR R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE BEARING NO.SA.KA.A/GO.U.V/P.R/15/2024-25 DATED - 3 - HC-KAR NC: 2025:KHC:28901 WP No. 22347 of 2025 20.2.2025 PASSED BY THE 4TH RESPONDENT, A COPY OF WHICH IS PRODUCED AT ANNEXURE-O AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 confirmation order passed by the respondent No.3 vide Annexure-R as well as the impugned notice dated 23.06.2025 issued by respondent No.5 as per Annexure-S indicating that the power connection would be disconnected if the No- objection certificate is not produced within seven days. 2. The short point that arises for consideration in the present writ petition is whether respondent No.5 – BESCOM, was justified in issuing the impugned notice dated 23.06.2025 (Annexure-"S") threatening disconnection of power on the ground that a confirmation order has been passed against the petitioners under Section 248(3) of the BBMP Act, 2020. - 4 - HC-KAR NC: 2025:KHC:28901 WP No. 22347 of 2025 3. This Court has taken a serious view of the conduct of the respondent authorities in mechanically issuing coercive notices, despite the petitioners having already availed of the statutory remedy under Section 253 of the BBMP Act, 2020. The appeal filed by the petitioners is currently pending consideration before the Appellate Authority. Issuing such a notice during the pendency of the appeal reflects a disregard for the due process of law and unnecessarily escalates litigation, which could otherwise be avoided. 4. Once the petitioners had preferred an appeal and the same is pending adjudication, it was incumbent upon respondent No.5 to exercise restraint and await the outcome of the proceedings before the Appellate Authority. Issuance of the impugned notice dated 23.06.2025, as found at Annexure “S”, is therefore premature, arbitrary, and legally unsustainable. - 5 - HC-KAR NC: 2025:KHC:28901 WP No. 22347 of 2025 5. In light of the foregoing, this Court passes the following: ORDER (i) The writ petition is partly allowed; (ii) The impugned notice dated 23.06.2025 issued by respondent No.5 (Annexure-S) is hereby kept in abeyance until final disposal of the appeal filed under Section 253 of the BBMP Act, 2020; (iii) Respondent No.5 is restrained from taking any coercive action against the petitioners pursuant to the said notice, during the pendency of the appeal; (iv) Respondent Nos.5 and 6 are directed to forthwith restore the electricity connection, which shall remain subject to the final outcome of the appeal pending before the Appellate Authority. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 7