- 1 - HC-KAR NC: 2025:KHC:35888 WP No. 16201 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 16201 OF 2025 (GM-KEB) BETWEEN: M/S ELITE CONSTRUCTIONS, REP. BY PROPRIETOR, MR. LINGRAJ GORAVAR, AGED ABOUT 45 YEARS, S/O SHIVAPPA. G PROPRIETOR OF M/S SHINE CONSTRUCTIONS, R/O FLAT NO-302, ELITE SHINE APARTMENT THIRD FLOOR, VAJARAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU URBAN - 560 061 REGISTRATION UNDER SET PROPRIETORSHIP - 1908 …PETITIONER (BY SRI. NAZEEFA M. MULLA., ADVOCATE) AND: 1. MANAGING DIRECTOR BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), K.R. CIRCLE, BENGALURU- 560 001. 2. SUPERINTENDENT ENGINEER (ELE), BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) BENGALURU SOUTH CIRCLE, K.R CIRCLE, BENGALURU 560 001 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35888 WP No. 16201 of 2025 3. ASSISTANT EXECUTIVE ENGINEER (V), BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), D-12, SUB DIVISION, J.P NAGAR, 7TH BLOCK, BESCOM, BENGALURU-560 078. 4. ZONAL COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, KENCHENHALLI, RAJARAJESHWARI NAGAR, BENGALURU 560 098. 5. THE ASSISTANT DIRECTOR OF CITY PLANNING, YESHWANTHAPURA DIVISION, RAJARAJESHWARI NAGAR, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 098. …RESPONDENTS (BY SMT. PADMA S. UTTUR, ADV. FOR R1 TO R3, SRI/SMT. SINCHANA M.R., ADV. FOR R4 & R5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DISCONNECTION NOTICE ISSUED BY THE R3 BEARING NO. SAKANILM(V)SAE(TA)/DA12/2025-25/2321 DATED 23.05.2025 FOR DISCONNECTION OF POWER SUPPLY TO THE PETITIONER BUILDING PRODUCED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC:35888 WP No. 16201 of 2025 ORAL ORDER Challenging notice dated 23.05.2025 issued by respondent no.3 as per Annexure-A, this writ petition is filed. Petitioner is also seeking for a direction to respondent no.3 to restore power connection to petitioner’s building. 2. Smt.Nazeefa M. Mulla, learned counsel for petitioner submitted that petitioner was GPA holder and developer of two sites bearing no.23 and 24, each measuring 50 to 80 square feet, formed in Sy.no.75/3 of Vajarahalli Village, situated in BBMP Hemmigepura Ward no.198, bearing khatha no.352/23, Uttarahalli Hobli, Bangalore. Said property belonged to one Madan Mohan N.T and in terms of Joint Development Agreement with owner, petitioner has constructed residential apartment building known as ‘M/s.Elite Constructions’, after obtaining plan sanction and building licence as per Annexures-F and G. Petitioner had also obtained power supply connection from BESCOM as per Annexures-K and L. Such being case, on 23.05.2025 respondent no.3, issued impugned notice calling upon petitioner to show cause against disconnection on ground that building constructed by petitioner was illegal. And based on same, respondent no.3 had - 4 - HC-KAR NC: 2025:KHC:35888 WP No. 16201 of 2025 disconnected power. Since it was without issuing notice or complying with principles of natural justice, same was being questioned herein. It was submitted, construction put up by petitioner was as per sanctioned building plan and after completion and sale, purchasers had occupied apartments. Therefore, disruption would affect several families. 3. On other hand, Smt.Padma S. Uttur, for respondents no.1 to 3 and Smt.M.R.Sinchana for respondents no.4 and 5 would oppose writ petition. It was submitted that show cause notice at Annexure-A was issued at instance of respondents no.4 and 5 alleging construction put up by petitioner was unauthorised. Same would be in consonance with directions issued by Hon'ble Supreme Court contained in para 21 in Rajendra Kumar Barjatya & Anr., v. U.P.Avas Evum Vikas Parishad Anr., reported in 2024 SCC OnLine SC 3767. It was submitted that on an allegation that construction put up by M/s. Elite Constructions was unauthorized and representation submitted to BBMP had not been considered, one Bhaskar A - complainant had filed WP no.23103/2024 before this Court. Same was disposed of on 29.11.2024, after BBMP placed on record copies of provisional order, show cause - 5 - HC-KAR NC: 2025:KHC:35888 WP No. 16201 of 2025 notice and Confirmation order under Sections 248(1) to (3) of BBMP Act apart from order for demolition under Section 356(1) and (2) thereof. Since authorities had found construction by petitioner being deviant, they had intimated same to respondent no.3. It was submitted that said action was in compliance with directions issued in Barjatya’s case. Therefore, sought for dismissal. 4. It was further submitted that petitioner had falsely stated in para 9 of writ petition that an appeal was preferred against orders passed by BBMP. Therefore, writ petition was not bonafide and sought for its dismissal. 5. Heard learned counsel and perused material on record. 6. From above, petitioner's grievance against notice at Annexure-A is that disconnection of power in pursuance of notice at Annexure-A was without complying with principles of natural justice. 7. Admittedly, Annexure-A is only a show cause notice. Disconnection of power as alleged by petitioner is after issuance of Annexure-A. At best petitioner may not have had sufficient opportunity to submit reply. Further, in view of fact - 6 - HC-KAR NC: 2025:KHC:35888 WP No. 16201 of 2025 that in pursuance of interim order passed by this Court there is restoration of power supply, it is found appropriate to dispose of writ petition by permitting petitioner to reply to show cause notice at Annexure-A within 2 weeks from today and directing respondents to consider petitioner's reply and pass orders thereon, after obtaining say of respondents no.4 and 5 thereon, within a period of 3 weeks thereafter. Needless to observe that at time of consideration, respondent authorities shall keep in mind directions issued by Hon’ble Supreme Court in Para 21 in Barjatya’s case. Till then, respondent – BESCOM is directed not to disconnect power supply to petitioner’s building. With said directions, writ petition is disposed of. Sd/- (RAVI V HOSMANI) JUDGE ND List No.: 1 Sl No.: 14