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2025 DAILYLAW 77168 (KAR)

SMT MADA CHANDRA GEETHA v. THE STATE OF KARNATAKA

WP/18656/2025 · 2025-08-18

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31847 WP No. 18656 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. 18656 OF 2025 (GM-KEB) BETWEEN: SMT MADA CHANDRA GEETHA W/O SURENDRA KUMAR MAMILIA, AGED ABOUT 38 YEARS, R/AT NO. 76, 2ND FLOOR, 2ND MAIN, 6TH CROSS, RAMANJANEYA NAGAR, CHIKKALASANDRA, NEAR RAMANJANEYANAGAR BMTC LAST STOP, BENGALURU- 560 061. PRESENTLY R/AT NO. 437 SY NO. 35, BSK 6TH STATE 2ND BLOCK, BENGALURU - 560 098. …PETITIONER (BY SRI. M.V.VEDACHALA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF ENERGY, HAVING OFFICE AT ROOM NO. 236, 2ND FLOOR, VIKASA SOUDHA, DR. BR AMBEDKAR STREET, BENGALURU- 560 001. REPRESENTED BY ITS ADDITIONAL SECRETARY. 2. BENGALURU ELECTRICITY SUPPLY COMPANY LTD., HAVING ITS OFFICE AT, KR CIRCLE, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, BENGALURU- 560 001. REPRESENTED BY ITS MANAGING DIRECTOR. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31847 WP No. 18656 of 2025 3. ASSISTANT EXECUTIVE ENGINEER RAJARAJESHWARI SUB DIVISION, BESCOM BENGALURU- 560 098. …RESPONDENTS (BY SRI. K. SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W MISS. WAHEEDA, AGA FOR R-1 MISS RACHEL RAJU ALICE, ADV FOR R2 & R3 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, TO QUASH THE OPERATIONAL GUIDELINES FOR SMART METER ISSUED ON 13/2/2025 BY RESPONDENT NO.2 VIDE CIRCULAR BEARING NO. BESCOM/CGM (OP)/DGM (OP3)/2024- 25/CYS-94, VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Writ petition is filed seeking for following reliefs: A. Issue a writ of certiorari or any other appropriate writ, order or direction, to quash the Operational Guidelines for Smart Meter issued on 13.02.2025 by respondent No.2 vide Circular bearing No.BESCOM/CGM (OP)/DGM (OP3)/2024-25/CYS-94, vide Annexure-C. B. Issue a writ of mandamus to direct the respondent No.2 to cease collection and - 3 - HC-KAR NC: 2025:KHC:31847 WP No. 18656 of 2025 payment of Rs.75 per meter per month to AMI Service Provider. C. Issue writ of Mandamus to Respondent No.2 to approach the Karnataka Electricity Regulatory Commission with appropriate proposal in the tariff petition of Financial Year 2025 prior to carrying out any other Smart Meter Project. D. Issue a writ of Mandamus or any other appropriate writ, order or direction, by directing Respondent No.2 and 3 not to compel the installation of smart meters as mandatorily and consequently give an option to the consumer either to opt for smart meters or to install Electrostatic Energy Meters in the interest of justice and equity. E. Issue a Writ of Mandamus to reinstate and operationalize Official Memorandum No.BESCOM/BC-248&45/GM(M&C)/DGM(M&C) /AGM-2/24-25/CYS-07 dated 12.06.2024 to offer the choice to the consumers to choose the meter manufacturer of their choice without any enforcement of brand or price by BESCOM, vide Annexure-H. F. To pass such other reliefs as this Hon’ble Court deems fit in the facts and circumstances - 4 - HC-KAR NC: 2025:KHC:31847 WP No. 18656 of 2025 of the above case in the interest of justice and equity. 2. Heard Sri M.V.Vedachala, learned counsel for petitioner and Sri K.Shashikiran Shetty, learned Advocate General along with Miss Waheeda, learned AGA for respondent no.1 and Miss Rachel Raju Alice, learned counsel for respondents no.2 and 3. 4. Learned Advocate General appearing for respondent no.1 would submit that subject matter of writ petition is squarely covered by decision in W.P.no.12987/2025 passed by a co-ordinate Bench of this Court on 13.08.2025. 5. Though learned counsel for petitioner submits that judgment is not released, same would not prevent this Court from following said order. Following the decision of this Court in W.P.No.12987/2025 disposed of on 13.08.2025, this writ petition is disposed of. Sd/- (RAVI V HOSMANI) JUDGE MDS; List No.: 1 Sl No.: 27