SRI. PRATYUSH AGARWALLA v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
WP/13844/2021 · 2025-08-21
Ravi V Hosmani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79253 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79253 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32662 WP No. 13844 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 13844 OF 2021 (GM-KEB) BETWEEN:
1.
SRI PRATYUSH AGARWALLA, S/O PRAKASH AGARWALA, R/O NO.002, ARUN AUROVILLA, SHIVANAHALLI, NEAR PYRAMID BANKSIA, BANGLAORE NORTH, JAKKUR 560064.
2.
SMT. SHILPA NARASHIMA, W/O PRATYUSH AGGARWALLA, R/O NO. 002, ARUN AUROVILLA, SHIVANAHALLI, NEAR PYRAMID BANKSIA, BANGLAORE NORTH, JAKKUR 560064 …PETITIONERS (BY SMT. ANANYA MANJUNATH, ADVOCATE) AND:
1.
BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED KR CIRCLE, BANGALORE - 560 001.
REP BY ITS MANAGING DIRECTOR.
2.
THE EXECUTIVE ENGINEER, BESCOM, C7, SUB DIVISION, YELAHANKA, BANGALORE - 560 064.
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:32662 WP No. 13844 of 2021
3.
4.
THE ASSISTANT EXECUTIVE ENGINEER, BESCOM, C7 SUB-DIVISION, YELAHANKA, BANGALORE - 560 064.
SRIPRIYA KUMAR, RESOLUTION PROFESSIONAL REG NO.1BB1/1PA-001/ IPP 00771/2017-18/11316 NO.224A (NEW 346/1) NEXT TO NATIONAL PUBLIC SCHOOL, AVVAI SHANMUGAM SALAI, GOPALAPURAM, CHENNAI - 600 086, TAMILNADU (FOR ARUN SHELTERS PRIVATE LTD., COPORATE DEBTOR) …RESPONDENTS (BY SRI H.V.DEVARAJU, ADVOCATE FOR R1 RO R3; R4 - SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ISSUE PERMANENT ELECTRICITY SUPPLY CONNECTION BY ISSUING A SEPARATE ELECTRICITY METER IN THE NAMES OF THE PETITIONER AS PER ANENXURE-M, DIRECT TO THE RESPONDENTS TO NOT DISRUPT THE SUPPLY OF ELECTRICITY TO THE DWELLING HOUSE OF THE PETITIONERS TILL THE DISPOSAL OF THE ABOVE W.P.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, 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:32662 WP No. 13844 of 2021
ORAL ORDER
This writ petition is filed for following relief:
1. Issue a writ in the nature of mandamus, thereby directing the respondents to issue a permanent electricity supply connection by issuing a separate electricity meter in the names of the petitioners, as per Annexure-M.
2. Issue a direction to the respondents to not disrupt the supply electricity to the dwelling house of the petitioners till the disposal the above writ petition etc.
2. Writ petition is filed seeking writ of mandamus to direct respondents to issue permanent electricity connection to petitioners' apartment/premises as sought for through Online application filed at Annexure-M.
3. It was submitted, petitioners are owners of residential unit bearing no.A002 on ground floor in 'A' block, in ArunAuroville' built in property bearing BBMP Nos.944/33/2,944/32/1, 944/33/5,944/33/6 and 944/32/2, ward no.1, Shivanahalli, Yelahanka Hobli, Bengaluru North Taluk (formerly land bearing Sy.nos.33/2. 32/1, 33/5, 33/6 and 32/2, Shivanahalli, Yelahanka Hobli, Bengaluru North Taluk) measuring super built up area of 3385 sq.ft. It was submitted, apartment was purchased by petitioners under sale deed at Annexure-A after obtaining loan. Thereafter petitioner no.1 got his name entered in
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HC-KAR NC: 2025:KHC:32662 WP No. 13844 of 2021
Khata at Annexure-E. It was submitted builder had also given 'no objection certificate' for availing water and sewage connection as per communication dated 08.03.2013 at Annexure-F. Apart from above, petitioner had availed cooking gas connection etc.
4. It was submitted, petitioners' apartment was given power supply through meter bearing no.RR:YTP34828. It was submitted, during second week of July, 2021, respondents intimated petitioners that electricity supply was being disconnected as connection was in name of builder, who was due electricity consumption charges to respondents as well as on ground that it was temporary connection.
5. In response, petitioner had submitted online application as per Annexure-M. It was submitted, power supply was an essential requirement for survival and denial of same by respondents by not considering same was not justified. On said ground sought for allowing writ petition.
6. Sri HV Devaraju,
learned counsel for respondents no.1 to 3 submitted respondent no.4-builder,
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HC-KAR NC: 2025:KHC:32662 WP No. 13844 of 2021
who had obtained temporary power connection while construction, was due certain amounts to respondents no.1 to 3. For non-payment of same, there was proposal for disconnection.
7. It was also submitted, respondent no.4 had not remitted due nor filed any application for permanent power connection. This would indicate that development of apartments including electricity connection installations was not completed by respondent no.4 and untenable and applications by individuals for permanent power supply could not be considered. On said ground sought for dismissal.
8. Heard learned counsel and perused writ petition records.
9. From above, since only relief sought by petitioners is for mandamus directing respondent no.1 to consider petitioners' application at Annexure-M and as submitted, same is apparently pending consideration, it would be appropriate to dispose of writ petition by directing respondent no.3 to consider same in accordance
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HC-KAR NC: 2025:KHC:32662 WP No. 13844 of 2021
with law and keeping in mind directions issued by Hon'ble Supreme Court in Rajendra Kumar Barjatya & Anr. v. U.P.Avas Evam Vikas Parishad & Ors. reported in (2024) SCC OnLine SC 3767, in para no.21, and to issue appropriate reply/response to petitioners within a period of four weeks from date of receipt of copy of order.
10. In above terms, petition is disposed of.
Until then respondents no.1 and 3 are directed not to disrupt power supply to petitioners' premises bearing RR no. YTP 40368, by collecting advance consumption charges as may be required.
Sd/- (RAVI V HOSMANI) JUDGE
PSG List No.: 1 Sl No.: 19