Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 72480 (KAR)

SRI. M. MANJUNATH v. THE MANAGING DIRECTOR BESCOM

WP/13070/2022 · 2025-08-21

Ravi V Hosmani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32755 WP No. 13070 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 13070 OF 2022 (GM-KEB) BETWEEN: SRI. M. MANJUNATH, S/O LATE MUNISWAMY, AGED ABOUT 32 YEARS, R/AT NO.70, CHANNENAHALLI VILLAGE, KADAVAGERE POST, TAVAREKERE HOBLI, BANGALORE - 562 130. …PETITIONER [BY SRI SRIKANTH B., ADVOCATE (ABSENT)] AND: 1. THE MANAGING DIRECTOR, BESCOM, K.R. CIRCLE, BANGALORE - 560 001. 2. THE CHIEF ENGINEER, BESCOM, RAMANAGAR AREA ZONE, RAMANAGAR - 562 159. 3. THE SUPERINTENDED ENGINEER, BESCOM, MAGADI CIRCLE, MAGADI - 562 120. 4. THE EXECUTIVE ENGINEER, TAVARKERE BESCOM DIVISON, TAVARKERE - 560 029, BANGALORE SOUTH TALUK. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32755 WP No. 13070 of 2022 5. THE ASSISTANT EXECUTIVE ENGINEER, BESCOM, TAVAREKERE - 560 029. BANGALORE SOUTH TALUK. 6. THE EXECUTIVE OFFICER, TALUK PANCHAYAT, BENGALURU SOUTH TALUK, BENGALURU - 562 130. 7. THE PANCHAYATH DEVELOPMENT OFFICER, CHANNENAHALLI GRAM PANCHAYAT, TAVARKERE HOBLI, BENGALURU SOUTH TALUK - 560 029. 8. SRI CHANNAPPA, S/O SIDDAPPA, AGED ABOUT 59 YEARS, R/AT HONNAGANAHATTI VILLAGE, TAVARKERE HOBLI, BANGALORE SOUTH TALUK - 560 029. …RESPONDENTS [BY SRI SHANTHI BHUSHAN H., ADVOCATE FOR R1 TO R5; SRI K.M. PRAKASH, ADVOCATE FOR R6 & R7; R8 - SERVED] THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER / RECOMMENDATION DATED 16.05.2022 ISSUED BY RESPONDENT NO.7 IN NO.CA/GRAM/PAM/19/2022-23 IN RESPECT DISCONNECTION OF POWER SUPPLY TO THE SCHEDULE PROPERTY, PRODUCED AT ANNEXURE-F AND ETC., THIS 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 - 3 - HC-KAR NC: 2025:KHC:32755 WP No. 13070 of 2022 ORAL ORDER None appears for petitioner. 2. Heard Sri H Shanthi Bhushan, learned counsel for respondents no.1 to 5 and Sri KM Prakash, learned counsel for respondents no.6 and 7. 3. Challenging letter dated 16.05.2022 issued by respondent no.7 to respondent no.5 at Annexure-F and seeking writ of mandamus directing respondent no.7 to consider documents submitted by petitioner while sanctioning power supply and reconnect power supply to petitioner's property, this writ petition is filed. 4. Perusal of writ petition would reveal that petitioner claims to be owner of property bearing site no.24, VP Khata (Sl.no.22) 24/13, Assessment no.2-41 formed in Sy.no.13 situated at Janatha Colony, Honnaganahatti village, Kempegowda Nagar, Tavarekere Grama Panchayath, Tavarekere Hobli, Bengaluru South, site measuring 30 X 40 fts. having purchased it under Sale Deed dated 06.08.2020 at Annexure-A. It was submitted, on purchase, petitioner filed application before Taluk Panchayath for confirmation of - 4 - HC-KAR NC: 2025:KHC:32755 WP No. 13070 of 2022 allotment of site and obtained confirmation endorsement by Executive Officer at Annexure-B. It was submitted, petitioner applied to respondents no.1 to 5 for electricity connection after obtaining 'No objection' from respondent no.7. Petitioner got sanctioned power connection through meter bearing RR no.TEH14057. It was submitted, when respondent no.8 began interfering with peaceful possession of petitioner, he filed O.S.no.229/2021 on file of Principal Civil Judge & JMFC, Magadi, and obtained temporary injunction against respondent no.8. Respondent no.8 also filed O.S.no.256/2022 against petitioner and obtained ex-parte order of temporary injunction. Thereafter, petitioner filed application under Order XXXIX Rule 4 of CPC got vacated interim order of injunction. Having failed in obtaining injunction against petitioner before trial Court, respondent no.8 approached respondent no.7 and got issued communication at Annexure-F to petitioner. Based on same, respondent no.5 had issued show-cause notice at Annexure-G. Aggrieved by communication at Annexure-F, present writ petition is filed. 5. Perusal of grounds would indicate that petitioner is alleging collusion between respondents no.7 and 8 for issuance - 5 - HC-KAR NC: 2025:KHC:32755 WP No. 13070 of 2022 of communication at Annexure-F. Learned counsel for respondents no.6 and 7 submitted that insofar as communication at Annexure-F, petitioner is having efficacious remedy under Section 269 of Karnataka Gram Swaraj and Panchayat Raj Act, 1993. 6. Learned counsel for respondents no.1 to 5 would submit that on consideration of material produced by petitioner, respondents had sanctioned power supply. Admittedly, there was civil litigation between petitioner and respondent no.8, which was pending. In case, dispute between petitioner and respondent no.8 were to be decided by Civil Court, respondents no.1 to 5 would consider same and pass appropriate orders, if necessary. On said grounds, sought disposal of writ petition. 7. Heard learned counsel and perused writ petition. 8. From above it is seen, petitioner's grievance is against Annexure-F. Communication at Annexure-F does not mention that it was passed after hearing affected parties while, show-cause notice at Annexure-G issued to petitioner is only in pursuance of Annexure-F. In view of admitted pendency of civil litigation between petitioner and respondent no.8, it would only - 6 - HC-KAR NC: 2025:KHC:32755 WP No. 13070 of 2022 be appropriate to keep communication at Annexure-F and show-cause notice at Annexure-G in abeyance, until final determination of dispute between parties, especially so, since issuance of Annexure-G is apparently at instance of respondent no.8. 9. In view of above, writ petition is disposed of directing parties to keep Annexures-F and G in abeyance till final disposal of O.S.no.229/2021 and 256/2022 filed by petitioner and respondent no.8 respectively. On conclusion of same, parties would be at liberty to report result to respondent-authorities and seek necessary orders. Until then, respondents no.1 to 5 are directed not to disrupt power supply to petitioner's premises through RR.no.TEH14057, on basis of Annexure-G. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 23