- 1 - HC-KAR NC: 2025:KHC:31403 WP No. 34177 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 34177 OF 2024 (GM-KEB) BETWEEN: SRI B.K.NANJEGOWDA, S/O LATE B.R. KAVETI GOWDA, AGED ABOUT 64 YEARS, R/AT NO.13, 4TH CROSS, VINAYAKA NAGAR, NAGASANDRA POST, BANGALORE - 560 073. …PETITIONER (BY SRI. SHIVASHANKARA Y.D., ADVOCATE) AND: 1. PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE ASSISTANT EXECUTIVE ENGINEER, (ELECTRICITY), BANGALORE ELECTRIC COMPANY, TURUVEKERE SUB-DIVISION, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227. 3. SMT. NANJAMMA, W/O LATE KAVETIGOWDA, AGED ABOUT 81 YEARS, R/AT K BEVINAHALLI VILLAGE, DABBEGATTA HOBLI, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31403 WP No. 34177 of 2024 TURVEKERE TALUK, TUMKUR DISTRICT - 572 277. …RESPONDENTS (BY SMT. VAHEEDA, AGA FOR R1; SRI H.V.DEVARAJU, ADVOCATE FOR R2; SRI MADHUKAR S., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ALLEGED SHOW CAUSE LETTER DATED 28.06.2024 ISSUED BY RESPONDENT NO.2 AS PER ANNEXURE-K, DIRECTING RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION GIVEN BY PETITIONER DATED 11.11.2024 VIDE ANNEXURE-M FOR RESTORE ELECTRICITY CONNECTION IN RESPECT OF PETITIONER IP SET BEARING RR NO.TGIP-27033 IN RESPECT OF LAND BEARING SY NO.63 OF K.BEVINAHALLI VILLAGE. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Writ petition is filed for following reliefs: "a. Issue writ in the nature of certiorari to quash the alleged showcause letter vide no. ¸À.PÁ.¤.EA(«)/¸À.EA(vÁ)/883-84/2024-25, dated 28.06.2024 issued by 2nd respondent as per Annexure-K. - 3 - HC-KAR NC: 2025:KHC:31403 WP No. 34177 of 2024 b. Issue writ in the nature of mandamus directing the 2nd respondent to consider the representation given by the petitioner dated 11.11.2024 vide Annexure-M for restore the electricity connection in respect of petitioner IP set bearing RR no.TGIP-27033 in respect of land bearing Sy.no.63 of K. Bevinahalli village; and etc." 2. Sri Y.D.Shivashankara, learned counsel for petitioner submitted, respondent no.3 was owner of 32 guntas of land in Sy.no.63 situated at K.Bevinahalli village, Dabbegatta Hobli, Turuvekere Taluk, which was granted to her under order no.LND (UCR):401/1991-92. It was submitted, she had 3 sons and a daughter. O.S.no.68/2023 filed by her daughter B.K.Suvarna for partition and separate possession ended in compromise decree wherein above property fell to share of petitioner. However, name of respondent no.3 continued in Record of Rights. Since petitioner intended to plant coconut trees, he approached respondent no.2 for electricity connection. After spot inspection, respondent no.2 granted electricity connection as per order at Annexure-J. However, petitioner was issued with show-cause notice dated 28.06.2024 as per Annexure-K, alleging that petitioner had obtained electricity connection fraudulently by forging signature of - 4 - HC-KAR NC: 2025:KHC:31403 WP No. 34177 of 2024 respondent no.3. Petitioner submitted reply on 06.07.2024 as per Annexure-L. Without consideration, respondent no.2, disrupted power supply, constraining petitioner to approach this Court. It was submitted, disruption of power supply was without following due procedure or in compliance with principles of natural justice. Hence, sought for allowing this petition. 3. Learned AGA for respondent no.1, Sri HV Devaraju, learned counsel for respondent no.2 and Sri Madhukar S., learned counsel for respondent no.3 opposed petition. 4. Learned counsel for respondent no.3 vehemently contended that order passed in O.S.no.68/2023 at Annexure-D would indicate that respondent no.3 has affixed her LTM on Compromise decree passed on 08.07.2023. Prior to same, petitioner had filed application for electricity connection before respondent no.2 on 28.03.2022 in name of respondent no.3 by affixing her forged 'signature' as found in Annexure-C application filed along with statement of objections. It was submitted, respondent no.3 had questioned compromise decree by filing I.A.no.1/2024 in said suit. Though application was - 5 - HC-KAR NC: 2025:KHC:31403 WP No. 34177 of 2024 rejected as per order dated 31.08.2024, same had not yet attained finality and respondent no.3 was pursuing her remedies. 5. Learned counsel for respondent no.2 would submit that disruption of power supply was based on application filed by respondent no.3. Therefore, disconnection of electricity supply by respondent no.2 was justified and sought dismissal of writ petition. 6. Heard learned counsel and perused writ petition records. 7. From above, filing of application for electricity connection, grant of same by respondent no.2 as per Annexure-J in respect of petitioner’s land are not in dispute. Admittedly, show-cause notice at Annexure-K, is issued based on dispute/objection raised by respondent no.3 before respondent no. 2. While petitioner claims right in respect of 32 guntas in Sy.no.63 situated at K.Bevinahalli village, Dabbegatta Hobli, Turuvekere Taluk, in view of compromise decree at Annexures-D and E of writ petition, respondent no.3 alleges same to be under challenge, which has met with rejection. - 6 - HC-KAR NC: 2025:KHC:31403 WP No. 34177 of 2024 Thus, respondent no.3 is yet to establish illegality or irregularity of compromise decree, whereunder petitioner is claiming right insofar as land in question. Until conclusion of said proceedings, vindicating right of respondent no.3, it would not be appropriate for respondent no.2 to foreclose such determination by issuing order for disruption of power supply at Annexure-K. 8. In view of above, it would be appropriate to order Annexure-K to be kept in abeyance until final determination of claim/application of respondent no.3 against petitioner herein insofar as 32 guntas in Sy.no.63 situated at K.Bevinahalli village, Dabbegatta Hobli, Turuvekere Taluk, to which respondent no.2 has granted power supply. 9. Accordingly, writ petition is disposed of directing respondent no.2 to keep show-cause notice at Annexure-K to be kept in abeyance, until final determination of allegation/claim of respondent no.3 questioning compromise decree at Annexure-D. It would be needless to observe, in case respondent no.3 succeeds in her challenge against compromise decree, she - 7 - HC-KAR NC: 2025:KHC:31403 WP No. 34177 of 2024 would be entitled to pursue her complaint/application /representation before respondent no.2 for cancellation of power supply. In such circumstance, respondent no.2 would be required to provide opportunity to petitioner before passing order. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 37