- 1 - HC-KAR NC: 2025:KHC:33898 WP No. 22145 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 22145 OF 2024 (GM-KEB) BETWEEN: SRI D.T. NINGARAJA. S/O LATE D R THIMMAIAH, AGED ABOUT 57 YEARS, R/O NO.15, 8th CROSS ROAD, SAMPIGE ROAD, MALLESHWARAM, BENGALURU 560003. …PETITIONER (BY SRI NARAYAN MAYYAR, ADVOCATE) AND: 1. ASSISTANT EXECUTIVE ENGINEER (V) BESCOM, C-2, SUB DIVISION, 13th CROSS ROAD,MALLESWARAM, BENGAURU 560 003. 2. SRI. BHASKAR S/O LAT H MAREGOWDA, AGED ABOUT 68 YEARS, R/O NO.4 LAKSHMIPURA DASANAPURA HOBLI, BENGALURU 560 080. 3. SMT. MAMATHA W/O LATE M.C. GOWDA, AGED ABOUT R/O NO. 25, LAKSHMIPURA, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33898 WP No. 22145 of 2024 DASANAPURA HOBLI, BENGALURU - 560 080. …RESPONDENTS (BY SRI H V DEVARAJU, ADVOCATE FOR R1; SRI ABHINAY Y.T., ADVOCATE FOR R2; SRI MANJU BYRAL R., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) KINDLY QUASH THE IMPUGNED NOTICE OF DISCONNECTION BEARING NO. SAKAANIEM(V)/C-2/SAEM(TAA)/2024-25/1030A ISSUED BY THE R1 AUTHORITY DATED 01/07/2024 AS PER ANNEXURE-H AGAINST THE PETITIONERS ELECTRICITY METER BEARING R.R. NO.C2TP-15078 AND THEREBY DISCONNECTING THE TEMPORARY ELECTRICITY CONNECTION OF THE PETITIONER WITH RESPECT TO HIS PROPERTY BY ISSUING WRIT CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER. B) CONSEQUENTLY DIRECT THE R1 AUTHORITY TO CONTINUE TEMPORARY ELECTRICITY CONNECTION TO THE PETITIONERS ELECTRICITY METER BEARING R.R. NO. C2TP-15078 BY ISSUING WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION. 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 - 3 - HC-KAR NC: 2025:KHC:33898 WP No. 22145 of 2024 ORAL ORDER Challenging notice dated 01.07.2024 issued by respondent no.1 at Annexure-H, this writ petition is filed. 2. Sri Narayan Mayyar, learned counsel for petitioner submitted, site no.15 situated at 8th Cross, Malleshwaram, Bengaluru, originally belonged to MC Jayalakshmamma wife of H Maregowda. During her lifetime, she had inducted petitioner as licencee in respect of entrance passage area measuring East-West 14 ft., North-South 25 ft., leading to extent of 40 ft. East-West and 55 ft. North-South in site no.15 on Leave and Licence Agreement dated 24.10.2005 ('LLA' for short), subject to payment of daily licence fee of Rs.1,000/-. It was submitted, said licence was for a period of 10 years and she had authorized her elder son Sri CM Gowda to collect daily licence fee. Though, on 16.05.2012 MC Jayalakshmamma died, petitioner continued was paying licence fee and continued in possession of premises even after expiry of LLA period. It was submitted, when petitioner approached CM Gowda for execution of fresh LLA, he was informed that two daughters of MC Jayalakshmamma had filed suit for partition of properties of - 4 - HC-KAR NC: 2025:KHC:33898 WP No. 22145 of 2024 MC Jayalakshmamma including premises in question in OS no.6423/2009 before XXII Addl. City Civil & Sessions Judge, Bengaluru, which was decreed on 20.02.2019, and challenged before this Court in RFA no.550/2019. It is submitted, said appeal was allowed and matter was remitted back to trial Court, where it was pending. 3. It was submitted on being inducted as licencee in year 2006, petitioner had applied for temporary electricity connection from BESCOM. And, respondent no.1 had granted it. Thereafter petitioner got it extended same every six months until 30.06.2024. After completion of 10 years period of LLA, when petitioner approached Sri CM Gowda for extension when, on 13.06.2024 petitioner was issued with notice by BESCOM. He had replied. On consideration of reply, impugned notice of disconnection dated 01.07.2024 was issued. It was submitted, petitioner was carrying on business in premises and abrupt disconnection of power without termination of LLA and evicting petitioner in manner known to law, by respondent no.1 at instance of respondent no.2 was not justified. On said ground sought for allowing petition. - 5 - HC-KAR NC: 2025:KHC:33898 WP No. 22145 of 2024 4. On other hand, Sri HV Devaraju, learned counsel for respondent no.1 submitted as per Regulations upon execution of LLA in year 2006, petitioner had obtained temporary power supply and it was granted on 'no objection' issued by owner of premises. After expiry of period of LLA and when respondent no.2 filed complaint before respondent no.1 against illegal power supply obtained by petitioner, it had issued notice to petitioner. It was submitted, writ petition was filed challenging mere show-cause notice and as such, was not tenable. It was further submitted, temporary power connection could not be extended perpetually and unauthorized occupants were not entitled to claim power supply. Moreover, in view of pendency of civil litigation between legal representatives of MC Jayalakshmamma, action initiated by respondent no.1 was in accordance with law and did not call for any interference. 5. Sri Abhinay YT learned counsel for respondent no.2 submitted, LLA on which petitioner based his claim did not provide for any extension and stood auto-terminated. It was submitted, premises to which power supply sought was for temporary construction put up without obtaining any sanction - 6 - HC-KAR NC: 2025:KHC:33898 WP No. 22145 of 2024 and therefore could not be provided power supply iin view pf directions issued by Hon'ble Supreme Court in para no.21 of Rajendra Kumar Barjatya & Anr. v. U.P.Avas Evam Vikas Parishad & Ors. reported in (2024) SCC OnLine SC 3767. 6. Sri Manju Byral R, learned counsel for respondent no.3 submitted that she was wife of CM Gowda and looking after property in question. It was submitted, civil litigation was presently pending before Civil Court. 7. Heard learned counsel and perused writ petition record. 8. From above, petitioner's grievance against notice at Annexure-H appears to be that petitioner had obtained temporary power supply to run shop in question on basis of LLA and until its termination and his eviction as per law, he was entitled to continue therein and avail power supply from respondent no.1. Prima facie there does not appear to be any dispute about petitioner having not been inducted as licencee in respect of premises under LLA for duration of 10 years, which expired in year 2015 and there is no express extension. - 7 - HC-KAR NC: 2025:KHC:33898 WP No. 22145 of 2024 9. Clause 4.02 Conditions of Supply of Electricity Of Distribution Licensees in State of Karnataka, stipulates requirements to be fulfilled while filing application for power supply and reads as follows: "(ii) The Application duly filed in shall be filed at the local office of the Licensee. Attested true copies or Photostat copies of the following documents as applicable shall be enclosed along with the application. a) Proof of ownership of the premises or proof of occupancy with consent of owner, in the absence of such consent, indemnity bond as per ANNEX-8. Likewise, Clause 4.09 (1) and (2) reads as follows: GENERAL i) In case of domestic/non-commercial installations, the consent of the owner is not necessary where the owner is not the occupant of the premises. In such cases proof of occupancy such as valid power of attorney or latest rent paid receipt or valid lease deed shall be produced. ii) If the Applicant is not the owner of the premises, Indemnity bond shall be produced as per Annex-8. iii) Unauthorized occupants of the premises shall not be given power supply connection for any purpose." (emphasis supplied) And Clause 12 reads as follows: 12.00 PROCEDURE FOR ARRANGING POWER SUPPLY ON TEMPORARY BASIS All Temporary power supply installations shall be serviced only with a Meter Any person desirous of availing himself of temporary power supply shall comply with the following requirements: - 8 - HC-KAR NC: 2025:KHC:33898 WP No. 22145 of 2024 12.01 APPLICABLE TO L.T. TEMPORARY POWER SUPPLY i) If the load is less than 50 KW/67 HP. the consumer shall avail power under Lt supply and if the load is 50 KW/67 HP and above, the consumer shall avail HT power supply. ii) The prospective consumer shall apply for temporary supply in the prescribed form to the licensee's Section / Sub-Division Office In the case of LT and Division office in the case of HT. No registration cum processing fee is payable. He shall pay service charges of Rs. 50/- per installation in case of LT supply & Rs. 250/ in case of HT supply and advance estimated power consumption charges as per the Clause 12.01(c) at the prevailing Tariff rate. b) The Licensee shall prepare the estimate for the service line required for arranging temporary power supply and communicate temporary power sanction indicating service charges, advance power consumption charges, etc……." 10. Though, learned counsel for respondents no.2 and 3 contend that said clauses would not permit petitioner to avail power supply without 'no objection' from owner, reading of said clause would indicate that by furnishing indemnity bond, applicant could pursue application. However, as rightly contended by learned counsel for respondent no.3, while considering application for power supply, respondent no.1 would require to take note of directions issued by Hon'ble Supreme Court in Barjatya's case (supra) to verify whether premises were put up in accordance with law. - 9 - HC-KAR NC: 2025:KHC:33898 WP No. 22145 of 2024 11. In view of above, issuance of notice at Annexure-H would not be tenable. It is seen that respondents have continued power supply to petitioner's premises in pursuance of interim order granted in this writ petition. In case, petitioner files application for renewal of temporary power supply, respondent no.1 would require to consider same in light of Clauses 4.02 and 4.09 and 12 and conditions of supply extracted but above keeping in mind directions issued by Hon'ble Supreme Court in Barjatya's case (supra) 12. In above terms, writ petition is disposed of and to ensure timely consideration, petitioner is directed to file application within two weeks from today along with necessary documents on which respondents shall examine and pass appropriate orders thereon within two weeks thereafter. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 30