Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37407 WP No. 25649 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 25649 OF 2025 (GM-KEB) BETWEEN:
1.
SMT C JAYANTHI W/O SRIDHAR RAMASWAMY.
AGED ABOUT 66 YEARS.
2.
SRI VARUN SAI SRIDHAR S/O SRIDHAR RAMASWAMY AGED ABOUT 38 YEARS.
BOTH R/AT NO.3314, 13TH MAIN, 7TH CROSS, HAL II STAGE, INDIRANAGAR, BENGALURU-560 008. …PETITIONERS (BY MISS. PRATHIKSHA JAIN, ADVOCATE FOR SRI.S.RAJASHEKAR.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF ENERGY, VIKAS SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETRY.
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:37407 WP No. 25649 of 2025
2.
THE EXECUTIVE ENGINEER (ELE.), C.O AND M, INDIRANAGAR DIVISION, BESCOM, KODIHALLI, 2ND CROSS, HAL 2ND STAGE, INDIRANAGAR, BENGALURU - 560 008
3.
THE ASSISTANT EXECUTIVE ENGINEER (V), E6- DIVISION, INDIRANAGAR, BESCOM, BENGALURU - 560 038. …RESPONDENTS (BY SMT. VAHEEDA, A.G.A. FOR R1;
SMT. PADMA S. UTTUR, ADVOCATE FOR R2 & R3;
SMT. YAMINI MUNIRAJ FOR SRI. RONITH PEMMAIAH, ADVOCATE FOR R4 & R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER REPRESENTATIONS DATED 24.08.2022 VIDE ANNEXURE-A AND 04.03.2025 VIDE ANNEXURE-B SUBMITTED FOR RECTIFICATION OF NAMES IN R.R. NOS. EH19641 AND 6EH23489 SITUATED IN PROPERTY BEARING NO.#3314, 7TH CROSS, 13TH MAIN, HAL 2ND STAGE INDIRANAGAR BENGALURU VIDE ANNEXURES-A AND B.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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HC-KAR NC: 2025:KHC:37407 WP No. 25649 of 2025
ORAL ORDER
Seeking for a writ of mandamus directing respondents to consider petitioners' representation dated 24.08.2022 and 04.03.2025 as per Annexures-A and B and to rectify names in respect of R.R.no.EH19641 and 6EH23489 installed at premises bearing no.3314, 7th Cross, 13th Main, HAL 2nd Stage, Indiranagar, Bangalore, this Writ Petition is filed. 2. Miss Prathiksha Jain, learned counsel appearing Sri S. Rajashekar, advocate for petitioners submitted that property bearing no.3314, 7th Cross, 13th Main, HAL 2nd Stage, Indiranagar, Bangalore, originally belonged to Lt.Col. K.S. Ramaswami. It was submitted that said Lt.Col. K.S. Ramaswami and Smt.Dhanalakshmi Ramaswamy were parents of Sridhar Ramaswamy (husband of petitioner no.1 and father of petitioner no.2) and Srikanth Ramaswamy. 3. After demise of Lt.Col. K.S. Ramaswami, property devolved upon his wife Smt.Dhanalaksmi Ramaswamy, who executed a Will on 28.10.2005 bequeathing ground floor, garage, room above garage and second floor of property to Sridhar Ramaswamy and remaining to Srikanth Ramaswamy. - 4 -
HC-KAR NC: 2025:KHC:37407 WP No. 25649 of 2025
It is stated that Smt.Dhanalaksmi Ramaswamy died on
27.10.2006. Thereafter, Sridhar Ramaswamy under registered gift deeds dated 27.08.2009 at Annexures-E and F, gifted 1/3rd share to petitioners no.1 and 2 herein. Subsequently on 18.11.2018, Sridhar Ramaswamy also passed away. But prior to his death he had executed a Will on 18.03.2015 bequeathing his 1/3rd share to petitioners. Thus, petitioners had inherited property. It was further submitted that Srikanth Ramaswamy, who was bequeathed remaining portion of property, namely, first floor, sold same to one Muniraju and his wife under registered sale deed dated 22.01.2010. But in said sale deed had included room above garage. Therefore, petitioners had filed O.S.no.1390/2010 before Civil Court. Since it was dismissed, RFA.no.1939/2023 was filed and same was pending. 4. It was submitted, taking undue advantage of health condition of Sridhar Ramaswamy, Muniraju and his wife Smt.Nalini Muniraju had concocted sale deed dated 24.05.2010 to show Sridhar Ramaswamy had sold his 1/3rd share in residential building in their favour. Challenging said sale deed O.S.no.3013/2019 was filed. After death of Sridhar
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HC-KAR NC: 2025:KHC:37407 WP No. 25649 of 2025
Ramaswamy and based on his Will dated 18.03.2015 bequeathing his 1/3rd share in favour of petitioners, petitioners had filed representation with BESCOM for change of name in Meter.
But, representations remained without consideration, Therefore, petitioners had approached this Court. It was submitted, petitioners became owners by virtue of gift deeds/Will. Therefore, they were entitled for entry of their names insofar as electricity meters installations. Hence, prayed for allowing Writ Petition. 5. On other hand, Smt.Vaheeda, learned Additional Government Advocate for respondent no.1 and Smt.Padma S. Uttur, learned counsel for respondents no.2 and 3 opposed writ petition. 6. It was submitted that on filing of applications/representations by petitioners, objections were received. On perusal of same, it was noticed that there was pending litigation with regard to premises in question and therefore, respondents could not act on representations. 7. Smt.Yamini Muniraj, learned counsel appearing for Sri Ronith Pemmaiah, advocate for proposed respondents no.4
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HC-KAR NC: 2025:KHC:37407 WP No. 25649 of 2025
and 5 sought to contend that relief sought in writ petition would affect proposed respondents as they had become owners of portion of premises in question by virtue of sale deeds dated 24.05.2010 and 22.01.2010 therefore, they were proper and necessary parties to writ petition. It was submitted that claim of petitioners with regard to 1/3rd share of Sridhar Ramaswamy in respect of Ground floor of premises was disputed and pending adjudication in O.S.no.3013/2019. 8. It was submitted, when application for entry of names of Muniraju and Smt.Nalini Muniraju were not considered, they had approached I Additional District Consumer Disputes Redressal Commission in Complaint no.1872/2019, wherein a direction was issued to BESCOM authorities for inclusion of their names also. On said grounds sought for dismissal of writ petition. 9. Heard learned counsel for parties and perused material on record. 10. From above, petitioners' grievance in present writ petition is failure of respondents to consider their representation for change of names in respect of RR
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HC-KAR NC: 2025:KHC:37407 WP No. 25649 of 2025
no.EH19641 and 6H23489 installed at premises no.3314, 7th Cross, 13th Main, HAL 2nd Stage, Indiranagar, Bangalore. Admittedly, there is dispute with regard to title and claim between petitioners and impleading applicants namely in O.S.no.3013/2019 and RFA.no.1939/2023.
Therefore, respondents no.2 and 3 would be justified in awaiting settlement of dispute between parties herein before Civil Court. 11. Under such circumstances, petitioners would not be entitled for direction to respondents for entering their names. However, taking note of fact that there is pending civil litigation between parties, it would be appropriate to dispose of petition directing respondents no.2 and 3 to maintain status-quo with regard to names in respect of RR no.EH19641 and 6H23489 installed at premises no.3314, 7th Cross, 13th Main, HAL 2nd Stage, Indiranagar, Bangalore, till conclusion of civil proceedings. On conclusion of litigation, liberty is reserved to either of parties to approach BESCOM and seek for change of names accordingly. - 8 -
HC-KAR NC: 2025:KHC:37407 WP No. 25649 of 2025
In view of disposal of petition,
consideration of I.A.no.1/2025 for impleading application would not be necessary and is disposed of as such. Sd/- (RAVI V HOSMANI) JUDGE
HNM/GRD List No.: 1 Sl No.: 17