- 1 - HC-KAR NC: 2025:KHC:51600 WP No. 3754 of 2025 C/W WP No. 3882 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.3754 OF 2025 (GM-KEB) C/W WRIT PETITION NO.3882 OF 2025 (GM-KEB) IN W.P. NO. 3754/2025 BETWEEN: SMT. V. DEEPA W/O LATE LOKESH ADITYA, DAUGHTER IN LAW OF LATE G. VENKATASWAMY, AGED ABOUT 42 YEARS, SY NO.36, 105/1, ANAND NAGA, 2ND CROSS, MARATHAHALLI, BENGALURU-560037. …PETITIONER (BY SRI VENUGOPAL M.S., ADVOCATE) AND: 1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, K.R. CIRCLE, BENGALURU-560001. REPRESENTED BY ITS MANAGING DIRECTOR. 2. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, S-17, SUB-DIVISION, BESCOM, OLD AIRPORT ROAD, BENGALURU-560017. 3. SMT. SATHYAVATHI K.V. NO.249, 3RD CROSS, KHB COLONY, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51600 WP No. 3754 of 2025 C/W WP No. 3882 of 2025 KORAMANGALA, BENGALURU-560095. (R-3 IS IMPLEADED AS PER VIDE COURT ORDER DATED 10.02.2025) …RESPONDENTS (BY SRI AJMAL KHAN, ADVOCATE FOR SMT. DIVYA A.V., ADVOCATE FOR R-1 & R-2; R-3 IS SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER / ORDER DATED 03.02.2025 BEARING NO.AEE(E)/S17/AE(T)/24- 25/1340-42 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-K; DIRECT THE RESPONDENT NO.2 TO RESTORE POWER SUPPLY TO THE PREMISES OF THE PETITIONER AS IT WAS BEFORE DISCONNECTION WITH REFERENCE TO RR NO.MRP124. IN W.P. NO.3882/2025 BETWEEN: SMT. PUNITHA MUNESHA W/O. SRI V. MUNESHA, AGED ABOUT 42 YEARS, RESIDING AT NO.11TH CROSS, KAGGADASAPURA RAMAMURTHY NAGAR, BENGALURU-560 016 AND ALSO PRESENTLY RESIDING AT NO.106, TANISHKA MANSION, ANAND NAGAR, MARATHAHALLI POST, BANGALORE-560 037. ...PETITIONER (BY SRI MAHABALESHWARA RAO K.N., ADVOCATE) AND: 1. THE BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) (GOVERNMENT OF KARNATAKA UNDERTAKING) - 3 - HC-KAR NC: 2025:KHC:51600 WP No. 3754 of 2025 C/W WP No. 3882 of 2025 K.R. CIRCLE, BANGALORE-560 001 REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE ASSISTANT EXECUTIVE ENGINEER (ELE) S-17TH SUB DIVISION, BESCOM OLD AIRPORT ROAD, BANGALORE-560 017. 3. THE SUPERINTENDING ENGINEER (ELEC) C.O. & M BESCOM, K.R. CIRCLE, BANGALORE-570 001. 4. SMT. SATYAVATHI K.V. (FATHER NAME NOT KNOWN TO THE PETITIONER) MAJOR R/AT NO.248, 3RD CROSS, K.H.B. COLONY, KORAMANGALA, BANGALORE-560 095. ...RESPONDENTS (BY SRI AJMAL KHAN, ADVOCATE FOR SMT. DIVYA A.V., ADVOCATE FOR R-1; SRI SRIDHAR HEGDE, ADVOCATE FOR R-2 TO R-3; R-4 IS SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT DISCONNECTION OF POWER SUPPLY BY THE RESPONDENT NO.1 TO 3 TO RR.NO.MRP 124, A/C I.D.NO.2361866000 AND M.R. CODE NO.14012382, WITHIN S.17 SUB-DIVISION, BESCOM, OLD AIRPORT ROAD, BANGALORE 560037, IN THE BUILDING HAVING BBMP KATHA NO.1530/36/43 PRESENTLY AT 2ND CROSS, ANANDANAGAR, MARATHALLI BANGALORE-560037 IS ILLEGAL AND CONSEQUENTLY DIRECT THEM TO RESTORE THE ELECTRICITY POWER SUPPLY TO RR. RR. NO.MRP 124, A/C I.D.NO.2361866000 AND M.R.CODE NO.14012382, WITHIN S.17 SUB-DIVISION, BESCOM, OLD AIRPORT ROAD, BANGALORE-560017. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 4 - HC-KAR NC: 2025:KHC:51600 WP No. 3754 of 2025 C/W WP No. 3882 of 2025 ORAL ORDER These writ petitions call in question the orders of disconnection of electricity supply passed by respondent- Bengaluru Electricity Supply Company Limited (BESCOM), namely the order dated 03.02.2025, produced as Annexure- K in W.P.No.3754/2025, and the order of even date produced as Annexure-D in W.P.No.3882/2025. 2. The grievance of the petitioners is that the power supply, which has been inexistence since for several years and in respect of which there are no arrears, has been abruptly disconnected without affording an opportunity of hearing, though the notices which preceded the impugned action neither indicated the intention to disconnect, non- granted the statutory required time for furnishing objections. The petitioners, therefore, seek for quashing of the said disconnection order and restoration of electricity. 3. This Court by order dated 10.02.2025 in W.P.No.3754/2025 and 12.02.2025 in W.P.No.3882/2025, directed the respondent-authority to restore the electricity - 5 - HC-KAR NC: 2025:KHC:51600 WP No. 3754 of 2025 C/W WP No. 3882 of 2025 connection to the petitioners, subject to payment of arrears of charges, if any and it is the submission of the learned counsel that the electricity connection has been provided to the petitioners. 4. On perusal of the impugned orders and the preceding notices, it is evident that the notices dated 30.01.2025, served late in the evening merely sought production of survey sketches and did not propose disconnection nor grant any reasonable time to furnish a reply. The power supply was disconnected on 03.02.2025, immediately following a weekend, without affording the petitioners an opportunity to place their explanation or documents and pursuant to the order of this Court, the electricity connection has been however restored. The principles of natural justice, particularly the requirement of a notice and reasonable opportunity stands violated. Even under Section 56 of the Electricity Act, 2003 (‘Electricity, Act’ for short), the disconnection for dues requires a 15 days clear notice, and though the present cases concern an - 6 - HC-KAR NC: 2025:KHC:51600 WP No. 3754 of 2025 C/W WP No. 3882 of 2025 objection regarding survey indication, the requirement of due process and opportunity applies with equal force. 5. The respondent-BESCOM has acted in an undue haste manner and therefore the impugned disconnection orders cannot be sustained in the present form and must be treated as a show cause notices, as the uninterrupted electricity is a basic civic necessity and the petitioners include households with aged members and school going children. Accordingly, the following: ORDER i. The writ petitions are disposed of. ii. The impugned orders dated 03.02.2025, namely Annexure-K in W.P.No.3754/2025 and Annexure- D in W.P.No.3882/2025 shall be treated as show cause notices. iii. The petitioners are at liberty to submit their detailed reply to the said show cause notices within four weeks from the date of receipt of copy of this order. - 7 - HC-KAR NC: 2025:KHC:51600 WP No. 3754 of 2025 C/W WP No. 3882 of 2025 iv. Upon receipt of such reply, the respondent- authority shall afford adequate opportunity of hearing, consider all materials placed by the petitioners and thereafter pass appropriate orders in accordance with law, within a further period of four weeks. v. Electricity supply which is already restored shall continue, subject to the petitioners regularly paying applicable electricity charges, until the respondent-authority takes a final decision on the show cause notices as directed above. vi. All the contentions of the parties are kept open to be urged before the competent authority. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 26