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2025 DAILYLAW 74142 (KAR)

MRS SAVITHRI SUGUMARAN v. STATE OF KARNATAKA

WP/8515/2025 · 2025-08-18

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31718 WP No. 8515 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 8515 OF 2025 (GM-KEB) BETWEEN: MRS SAVITHRI SUGUMARAN, W/O K.SUGUMARAN, AGED ABOUT 71 YEARS, NO.G1, RC BRINDAVAN APARTMENT, NEAR BLOOMER SCHOOL, CHANNASANDRA, KADUGODI POST, BANGALORE EAST TALUK, BENGALURU 560 067. …PETITIONER [BY Ms. PAVITHRA N., ADVOCATE FOR SRI KARTHIK V., ADVOCATE (PH)] AND: 1. STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY, ROOM NO.236, 2ND FLOOR, VIKASA SOUDHA, DR. AMBEDKARVEEDHI, BENGALURU 560 001. 2. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, HEAD OFFICE, HUDSON CIRCLE, BENGALURU 560 001. 3. BANGALORE ELECTRICITY SUPPLY COMPANY LTD., REP. BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, K R CIRCLE, BENGALURU 560 001. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31718 WP No. 8515 of 2025 4. THE ASSISTANT EXECUTIVE ENGINEER (ELEC.) BENGALURU ELECTRICITY SUPPLY CO., LTD., 4TH EAST SUB-DIVISION, BESCOM, WHITEFIELD, BENGALURU - 560 066. …RESPONDENTS [BY SMT. VAHEEDA, AGA FOR R1; SRI K.B. MONESH KUMAR, ADVOCATE FOR R2; SRI LOKESH K., ADVOCATE FOR R3 & R4] THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 04.02.2025 IN NO.AEE(EI)AE((TA)/PU4/2024-25/5611-13 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER (ELEC), 4TH EAST SUB- DIVISION, BESCOM, WHITE FIELD, BENGALURU A COPY OF WHICH IS PRODUCED AT ANNEXURE-D AND DIRECT THE RESPONDENTS TO RESTORE POWER SUPPLY TO NO.42, WARD NO.83, SHAMANNA LAYOUT, IN FRONT OF GOVERNMENT POLYTECHNIC COLLEGE, AKG COLONY, KADUGODI, BENGALURUTO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR HEARING ON I.A., 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: "(i) Issue a writ of certiorari or any other writ or direction quashing the notice dated 4.2.2025 in No.AEE(EI)AE((TA)/PU4/2024-25/5611-13 issued by the Assistant Executive Engineer (EI), 4th East Sub-Division, BESCOM, White Field, Bengaluru a copy of which is produced at Annexure-D and direct the respondents to restore power supply to No.42, Ward No.83, Shamanna Layout, In front of Government - 3 - HC-KAR NC: 2025:KHC:31718 WP No. 8515 of 2025 Polytechnic College, A K G Colony, Kadugodi, Bengaluru to meet the ends of justice; and etc" 2. Miss Pavithra N., learned counsel appearing for Sri Karthik V., learned counsel for petitioner submits that petitioner is owner of site bearing no.42, portion of BBMP Khata no./SL.no.2895, Khatha Municipal no.39, BBMP Ward no.83 formed in old Sy.no.42, new Sy.no.166 duly converted, situated at Pattandur Agrahara village, K.R.Puram Hobli, Bengaluru East Taluk, having purchased it under Sale Deed dated 05.12.2022 at Annexure-A. Thereafter, Khata was changed in her name and she has paid tax upto date (Annexures-B and C). 3. It was further submitted, such being case, petitioner was shocked to receive impugned notice dated 04.02.2025 (Annexure - D) ordering disconnection of power supply to her building. It was submitted, said notice was preceded with any notice served on petitioner. It was further submitted, petitioner has completed construction of building and in case non-restoration of power supply, she would put to hardship. Aggrieved thereby, petitioner filed present writ petition. - 4 - HC-KAR NC: 2025:KHC:31718 WP No. 8515 of 2025 4. Smt.Vaheeda, learned AGA for respondent no.1, Sri KB Monesh Kumar, learned counsel for respondent no.2 and Sri Lokesh K., learned counsel for respondents no.3 and 4 opposed writ petition. 5. Learned counsel for respondents no.3 and 4 would submit that impugned notice in nature of order was passed on receipt of intimation by Assistant Executive Engineer (EL), vide Annexure - D, prohibiting electricity supply to building being constructed in violation of bye-laws. On receipt of said communication, spot inspection report was obtained from jurisdictional Assistant Engineer and found construction was apparently in violation of bye-laws. Therefore, impugned order was justified. 6. Learned counsel for petitioner further submits that under similar circumstances this Court in WP no.22554/2025, disposed of on 30.07.2025, issued certain directions and same would cover subject matter of present petition also, insofar as petitioner’s premises. 7. Heard learned counsel for parties and perused writ petition records. - 5 - HC-KAR NC: 2025:KHC:31718 WP No. 8515 of 2025 8. Above facts reveal that petitioner is aggrieved by impugned notices in nature of order threatening of disconnection of power supply to petitioner's premises. It is held by this Court in decision relied on that same would impose serious civil consequences and petitioner would be entitled for opportunity of showing cause against proposed action. Same would squarely apply to present petition also. 9. In view of above, Writ petition is disposed of. Impugned notice dated 04.02.2025 bearing no.AEE(EI)AE((TA)/PU4/2024-25/5611-13 issued by the Assistant Executive Engineer (EL), 4th East Sub-Division, BESCOM, White Field, Bengaluru at Annexure - D is quashed. However, in facts and circumstances of this case, it shall be treated as show-cause notice by petitioner and objections, if any, to be filed before respondent no.4 within two weeks from today. If same is filed within time indicated, respondent no.4 shall consider petitioner's objections and pass appropriate orders, in accordance with law, within two weeks thereafter. - 6 - HC-KAR NC: 2025:KHC:31718 WP No. 8515 of 2025 Until then, respondents to restore temporary power connection to petitioner's building subject to payment of advance consumption charges etc., as may be required. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 20