- 1 - HC-KAR NC: 2025:KHC:28650 WP No. 22361 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.22361 OF 2025 (LB-BMP) BETWEEN: SMT.BHARGAVI VATTIGUNTA AGED ABOUT 47 YEARS W/O MR.SATHISH YELLANTY PERMANENTLY R/AT NO.49 4TH AB CROSS 10TH MAIN, NANDANAM COLONY HORAMAVU MAIN ROAD BENGALURU-560043 …PETITIONER (BY SRI. AKASH V T, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU BANGALORE-560002 2. ASSISTANT EXECUTIVE ENGINEER HOODI SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560048 3. M/S BENGALURU ELECTRICITY SUPPLY CO., LTD REP BY ITS CHAIRMAN AND MANAGING DIRECTOR Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28650 WP No. 22361 of 2025 SHESHADRI ROAD, K R CIRCLE BENGALURU-560001 4. THE ASSISTANT EXECUTIVE ENGINEER EAST-12, SUB DIVISION, B.E.S.COM MAHADEVAPURA BENGALURU-560048 …RESPONDENTS (BY SRI.PAWAN KUMAR, ADVOCATE FORR.1 AND R.2; SMT.ANUSHA PRASAD, ADVOCATE FOR R.3AND R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION BY QUASHING THE PROVISIONAL ORDER DATED 31/01/2024 UNDER SECTION 248(1) OF B.B.M.P ACT, 2020 BEARING NO.BBMP/AEE/HSD/P.O/259/24-25 PASSED BY RESPONDENT NO.2 AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed assailing the provisional orders dated 31.01.2024 issued by respondent No.2 as per Annexures-A and B and the Confirmation Order dated 17.02.2024 issued by respondent No.2 as per Annexure-C as well as the impugned communication dated 14.07.2025 - 3 - HC-KAR NC: 2025:KHC:28650 WP No. 22361 of 2025 issued by respondent No.4 as per Annexure-D indicating that the power connection would be disconnected within seven days. 2. The short point that arises for consideration in the present writ petition is whether respondent No.4 – BESCOM, was justified in issuing the impugned notice dated 14.07.2025 (Annexure-"D") threatening disconnection of power on the ground that a confirmation order has been passed against the petitioner under Section 248(3) of the BBMP Act, 2020. 3. This Court has taken serious note of the conduct of respondent authorities, in mechanically issuing such coercive notices despite the fact that the petitioner has availed a statutory remedy by filing an appeal under Section 253 of the BBMP Act, 2020, which is pending consideration. Issuance of such notice while the matter is sub judice before the Appellate Authority reflects a - 4 - HC-KAR NC: 2025:KHC:28650 WP No. 22361 of 2025 disregard for due process and unnecessarily contributes to avoidable litigation. 4. Once the petitioner has preferred an appeal and the same is pending adjudication, it was incumbent upon respondent No.4 to exercise restraint and await the decision of the Appellate Authority. The issuance of the impugned notice dated 14.07.2025 at Annexure "D" is clearly premature and arbitrary, and therefore, not sustainable in law. 5. In view of the above, this Court passes the following: ORDER (i) The writ petition is partly allowed. (ii) The impugned notice dated 14.07.2025 issued by respondent No.4 vide Annexure-D, is hereby kept in abeyance until final disposal of the appeal pending before the Appellate Authority under Section 253 of the BBMP Act, 2020. - 5 - HC-KAR NC: 2025:KHC:28650 WP No. 22361 of 2025 (iii) It is made clear that respondent No.4 shall not take any coercive action against the petitioner pursuant to the said notice during the pendency of the appeal. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 12