- 1 - HC-KAR NC: 2025:KHC:51481 WP No. 2579 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.2579 OF 2025 (GM-KEB) BETWEEN: SRI PASCAL DIAS S/O SRI APPLU DIAS @ APPU DIAS, AGED ABOUT 72 YEARS, OLV ESTATE, BINTRAVALLI, BERUKUDIGE POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126. …PETITIONER (BY SRI RAVIKUMAR N.R., ADVOCATE) AND: 1. THE ASSISTANT EXECUTIVE ENGINEER (ELEC), O & M SUB-DIVISION, MESCOM KOPPA, CHIKKAMAGALURU DISTRICT-577126. 2. THE CHAIRPERSON, CONSUMER GRIEVANCE REDRESSAL FORUM (CGRF) O & M CIRCLE, MADHUVANA LAYOUT, MESCOM, CHIKKAMAGALURU TOWN, CHIKKAMAGALURU DISTRICT-577101. …RESPONDENTS (BY SRI PRASHANT T. PANDIT, ADVOCATE FOR R-1; V/O. DATED 30.01.2025 NOTICE TO R-2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT - ASSISTANT EXECUTIVE ENGINEER (ELEC) O & M SUB-DIVISION MESCOM, KOPPA DATED Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51481 WP No. 2579 of 2025 22.02.2019 BEARING NO.SA KA NI EM: SA LE AA: KOPPA: 2018-19: 4060-61 AS PER ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court calling in question (i) demand notice dated 22.02.2019 issued by the Assistant Executive Engineer, Mangaluru Electricity Supply Company Limited (‘MESCOM’ for short) demanding ````. 2,05,646/- (ii) order dated 19.03.2021 passed by the Consumer Grievance Redressal Forum (‘Consumer Forum’ for short) (iii) order dated 19.06.2024 passed by the Electricity Ombudsman in Appeal No. OMB/M/G-503/2022 (iv) subsequent demand notice dated 04.01.2025 demanding ````.4,76,953/-. 2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for respondent No.1. - 3 - HC-KAR NC: 2025:KHC:51481 WP No. 2579 of 2025 BRIEF FACTS 3. The petitioner is the owner of agricultural lands in Bintravalli Village, Kasaba Hobli, Koppa Taluk, wherein he obtained an IP set power connection of 5 HP on 15.12.1993 under LT-4(a). In 2013 upon enhancement of load, the inspection reflected that the petitioner was using 7.5 HP as against the sanctioned 5 H.P leading to the back billing charges and arrears which he partly paid. In the meanwhile, under the Tariff Order dated 31.07.1996, coffee plantations were reclassified from LT-4(a) to LT- 4(c) and billings thereafter were issued accordingly. The petitioner questioned the demand notice dated 22.02.2019 for ````.2,05,646/- before the Consumer Forum. The Consumer Forum on 19.03.2021 rejected the petition, the appeal preferred before the Electricity Ombudsman was also dismissed and the billing under LT-4(c) was held to be justified. The subsequent demand notice dated 04.01.2025 for ````.4,76,953/- is now issued. Feeling aggrieved by the concurrent findings and the tariff - 4 - HC-KAR NC: 2025:KHC:51481 WP No. 2579 of 2025 classification and the notice issued on 04.01.2025, the petitioner has approached this Court in this Writ Petition. 4. Learned counsel for the petitioner contends that the I.P set was sanctioned in 1993 for LT-4(a) for irrigation of areca garden, agricultural lands and the first respondent could not levy tariff under LT-4(c) after decades without notice. It is submitted that the pump though is existing in Sy. No.229, it is not used for irrigating coffee plantations situated at a higher elevation but is used only for areca garden in Sy. Nos.204, 61/P1, 49 and 50. It is submitted that the Consumer Forum and the Electricity Ombudsman mechanically upheld the demand without examining factual usage and without considering the correct facts. 5. Per contra, learned counsel for respondent No.1 submits that under the Tariff Order dated 31.07.1996, coffee plantations were expressly reclassified under LT- 4(c) and the billings are issued accordingly since 1996. - 5 - HC-KAR NC: 2025:KHC:51481 WP No. 2579 of 2025 Petitioner’s land in Sy. No. 229 contains coffee estate in 15 acres and inspection reflect that the petitioner was using 7.5 HP against sanctioned 5 HP. Thereafter back billing charges were issued, which the petitioner has paid partly. It is submitted that both the authorities have upheld LT-4(c) after due consideration and the concurrent findings on facts does not warrant any interference by this Court. 6. This Court has carefully considered the contentions urged by the parties and perused the material on record. 7. The Tariff Order dated 31.07.1996 has categorically brought the coffee plantations under LT-4(c). The tariff classification is not a contractual term but is a statutory consequence, it applies automatically. Both Consumer Forum and the Electricity Ombudsman, which stands constituted under the Regulation 2004 have upheld (i) tariff applicability under LT-4(c) and (ii) arrears. The - 6 - HC-KAR NC: 2025:KHC:51481 WP No. 2579 of 2025 petitioner has admitted about 2.5 HP enhanced and paid `. `. `. `. 54,157/-. This establishes that there is on-going bill, regular communication from MESCOM and in the absence of any suppression by the respondents and payment of arrears weakens the petitioner’s case that he was not aware and that the payment was made without any notice. The Consumer Forum and the Electricity Ombudsman have considered the entire material and rightly arrived at a conclusion that the demand made is justified. The manner in which the Consumer Forum and the Electricity Ombudsman have considered the entire oral and documentary evidence, this Court is of the considered view that the same does not warrant any interference. Accordingly, the Writ Petition is devoid of merits and it is dismissed. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 25