- 1 - HC-KAR NC: 2025:KHC:32146 WP No. 25545 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 25545 OF 2024 (GM-KEB) BETWEEN: SMT. ANU ZAFRULLAH, W/O ZAFRULLA, AGED ABOUT 47 YEARS, NO 18/3, KEMPAPURA VILLAGE, YELAHANKA HOBLI, NEAR COFFEE BOARD LAYOUT, HEBBAL VILLAGE, H.A. FARM, BANGALORE - 560 024. …PETITIONER [BY MS.LEKHA JAIN, ADVOCATE FOR SRI SUNAI D.G., ADVOCATE (PH)] AND: 1. THE MANAGING DIRECTOR, BENGALURU ELECTRICITY SUPPLY COMPANY LTD., (BESCOM), CORPORATE OFFICE BESCOM, K.R. CIRCLE, BENGALURU - 560 001. 2. ASSISTANT EXECUTIVE ENGINEER (V) E-9 SUB DIVISION (BESCOM), NAGAVARA, BENGALURU - 560 045. …RESPONDENTS [BY SRI VIKRAM UNNI RAJAGOPAL, ADVOCATE (PH)] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT QUASHING THE POWER DISCONNECTION ORDER DATED 03.09.2024 ISSUED BY Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32146 WP No. 25545 of 2024 ASSISTANT EXECUTIVE ENGINEER (V E9 SUB-DIVISION, NAGAVARA, BANGALORE) I.E. (ANNEXURE-A) AND FURTHER PREVENT THEM FROM ANY FUTURE ACT THAT MAY DISRUPT THE ELECTRICITY CONNECTION OF THE PETITIONERS BUILDING. THIS WRIT PETITION IS COMING ON FOR HEARING ON IA., THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This writ petition is filed seeking following reliefs: "(a) To issue a Writ of Mandamus or such other appropriate Writ or orders or directions, quashing the power disconnection order dated 03.09.2024 issued by Assistant Executive Engineer (V E9 sub- division, Nagavara, Bangalore) i.e. (Annexure-A) and further prevent them from any future act that may disrupt the electricity connection of the petitioners building; and etc." 2. Ms.Lekha Jain, learned counsel appearing for Sri Sunai D.G., learned counsel for petitioner submitted, petitioner is absolute owner in possession of property bearing Sy.no.18/3 measuring East to West 120 sq.ft. and North to South 110 sq.ft., totally measuring 13200 sq.ft., situated at Kempapura village, Yelahanka Hobli, Bengaluru North Taluk, - 3 - HC-KAR NC: 2025:KHC:32146 WP No. 25545 of 2024 which petitioner obtained under registered Gift Deed dated 07.01.2016 executed by her husband as per Annexure-B. Petitioner has built dwelling house with three shops and was residing there with her children. For said dwelling house, petitioner had obtained power supply from BESCOM by submitting necessary records, through meters bearing RR no.9EDLG29766, 9EGLG32284 and 9ECLG70770. However, petitioner became aware of O.S.no.442/2020 for permanent injunction pending on file of City Civil Judge (CCH-53), Bengaluru, filed by one Joseph against petitioner and her husband. Thereafter, petitioner was surprised to receive notice dated 08.02.2024 issued by respondent no.2 stating that it had received intimation that petitioner had obtained electricity supply based on fabricated documents and sought clarification on same. 3. It was submitted, on 14.02.2024, petitioner submitted her reply along with documents as per Annexure-D, but was issued with one more notice dated 06.06.2024 as per Annexure-E, calling upon petitioner to produce title documents in respect of premises. Though petitioner replied to same on 07.06.2024, as per Annexure-F series, impugned order at - 4 - HC-KAR NC: 2025:KHC:32146 WP No. 25545 of 2024 Annexure-A came to be passed for disconnection of power supply. It was submitted, proposal to disrupt power supply on mere allegation by third person, would not be justified and would be contrary to law and without compliance of principles of natural justice. On said grounds, sought for allowing writ petition. 4. On other hand, Sri Vikram Unni Rajagopal, learned counsel for respondents opposed writ petition. It was submitted, it was apparent that petitioner was aware about dispute pending with regard to suit property. As it had occurred to respondents that petitioner had obtained power supply connection based on fabricated documents, petitioner was issued with notice and after providing opportunity, impugned order was passed. Therefore, no interference was called for. 5. Heard learned counsel and perused writ petition. 6. Perusal of impugned order at Annexure-A reveals that action for disconnection of power supply is sought to be taken against petitioner on ground of pendency of O.S.no.442/2020 and about allegation against petitioner having obtained power supply based on fake documents. While - 5 - HC-KAR NC: 2025:KHC:32146 WP No. 25545 of 2024 pendency of civil suit with regard to property in question is not in dispute, but petitioner's claim as well as that of plaintiff in O.S.no.442/2020 vis-a-vis premises in question has to be decided by Civil Court in said suit. Until then, it would not be appropriate for respondents to initiate action against petitioner on mere pendency of civil suit. 7. In view of above, it would be appropriate to dispose of writ petition by directing respondents to keep in abeyance impugned order at Annexure-A till disposal of O.S.no.442/2020 on file of City Civil Judge, (CCH-53), Bengaluru and by directing respondents to restore power supply to petitioner's premises subject to further orders or final outcome in O.S.no.442/2020. With above observations, writ petition is disposed of. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 12