- 1 - HC-KAR NC: 2025:KHC:34520 WP No. 22779 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 22779 OF 2021 (GM-KEB) BETWEEN: 1. MRS.FAIZYA FAROOK AGED ABOUT 38 YEARS, W/O MR.MOHAMMED ADIL AMEEN RESIDING AT NO.117 CUNNINGHAM ROAD, OPP. CIE LTD BENGALURU-560053 REP. BY HER GPA HOLDER MR. FAROOK NOOR MOHAMMED …PETITIONER (BY SRI. SAMPATH.A., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF ENERGY AND DEPARTMENT OF ELECTRICAL INSPECTORATE-560001 REPRESENTED BY ITS CHIEF ELECTRICAL INSPECTOR TO GOVERNMENT 2. DEPUTY CHIEF ELECTRICAL INSPECTOR BENGALURU ADDITIONAL WEST FIRST FLOOR, NO.221, ZENITH BUILDING, 12TH BLOCK, 2ND STAGE, NAGARABHAVI MAIN ROAD, BENGALURU-560072 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34520 WP No. 22779 of 2021 3. DEPUTY ELECTRICAL INSPECTOR BENGALURU ADDITIONAL WEST FIRST FLOOR, NO.221, ZENITH BUILDING, 12TH BLOCK, 2ND STAGE, NAGARABHAVI MAIN ROAD, BENGALURU-560072 4. ASSISTANT EXECUTIVE ENGINEER (ELEC) W4 SUB DIVISION BESCOM ANAND RAO CIRCLE BENGALURU-560001 …RESPONDENTS (BY SMT.WAHEEDA, AGA FOR R1 TO R3 SMT.PADMA.S.UTTUR, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA QUASH THE ANNX-A DTD 20.01.2021 AND VIDE ANNX-C DTD 26.10.2021 ISSUED BY THE R-3 AS ULTRA VIRES AND WITHOUT JURISDICTION AND DIRECT THE RESPONDENTS TO CONSIDER THE LETTER DTD 28.10.2021 VIDE ANNX-B OF PETITIONER AND PROVIDE REASONABLE TIME PERIOD ON ONE YEAR FOR INSTALLATION OF LIFT AFTER SEEKING APPROPRIATE APPROVAL IN ACCORDANCE WITH LAW AND UNTIL SUCH TIME RESTRAIN THE RESPONDENTS FROM DISCONNECTING THE POWER SUPPLY TO THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34520 WP No. 22779 of 2021 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging the notices dated 20.01.2021 at Annexure-A and 26.10.2021 at Annexure-C issued by respondent no.3 and seeking for directions to respondents to consider petitioner's representation dated 28.10.2021 at Annexure-B, provide reasonable time period of one year for installation of lift in accordance with law etc., this writ petition is filed. 2. Sri A.Sampath, learned counsel for petitioner submitted that petitioner is owner of M/s. Karim Complex gifted to her by her grandfather. It was submitted that said commercial complex consists of shops leased out to tenants. It was submitted that during Covid-19 pandemic, shops remained vacant. Further, it was submitted that multi-floor commercial building was provided with a lift. On 20.01.2021, petitioner was issued with a notice from respondent No.3 that on a complaint, when petitioner's building was inspected on 10.12.2020, there was old lift and diesel generator installed on terrace floor for mobile tower. It was found that lift installed was in dangerous condition and installed without obtaining approval under - 4 - HC-KAR NC: 2025:KHC:34520 WP No. 22779 of 2021 relevant Rules. Therefore, petitioner was directed to either shift location of diesel generator to ground floor or first floor and to get approval for lift. 3. After receipt of notice, petitioner submitted reply on 28.10.2021. Thereafter, respondent no.3 issued a communication to respondent no.4 for disconnection of power supply by marking a copy to petitioner. It was submitted since action initiated by respondent no.3 was contrary to law, same was questioned before this Court. It was submitted during pendency of this writ petition, petitioner had removed diesel generator from building and stopped usage of lift as occupancy in building was very low. Thus, objections raised by respondent no.3 stood removed. On 07.08.2025, an affidavit was stated to be filed to said effect, by petitioner. Affidavit having been filed on 22.08.2025, learned counsel sought for disposal of writ petition by noting subsequent developments. 4. On 27.08.2025, respondents were directed to verify. 5. Learned AGA has filed inspection report dated 20.08.2025 which confirms assertion by petitioner in affidavit. - 5 - HC-KAR NC: 2025:KHC:34520 WP No. 22779 of 2021 6. At that stage, complainant/impleading applicant had sought time to secure instructions and today filed counter affidavit and objections to inspection report. It was sought to contend that building in question comprised of several floors and petitioner was occupant of basement floor, which did not have lift access and therefore, any undertaking given by petitioner, who was occupant of basement floor only, would not be either conclusive or binding on occupants of other floors. It was submitted that on second floor of building, M/s.Pooja Syndicate Textile business was being run and which involved transport of heavy bundles and boxes. Therefore, there was possibility of usage of lift for said business and undertaking given by petitioner did not indicate that lift was totally removed. 7. Learned counsel for respondents no.1 to 4 stand by report submitted by respondent no.3 8. From above, petitioner's grievance in this petition against notices issued by respondent no.3 at Annexures-A and C intimating petitioner about unauthorised installation/usage of lift and objection about installation of - 6 - HC-KAR NC: 2025:KHC:34520 WP No. 22779 of 2021 diesel generator on terrace floor stands discharged with petitioner herself removing diesel generator altogether from building and stopping usage of lift with undertaking not to use it. Inspection report filed by respondent no.3 would affirm said position. Such being case, there would be no purpose served by keeping writ petition pending. Taking note of subsequent development, writ petition stands disposed of. If impleading applicant/complainant has any other grievance, he is at liberty to approach appropriate authorities for redressal. In view of disposal of writ petition, I.A.no.1/2022 filed for impleading is rendered unnecessary. Sd/- (RAVI V HOSMANI) JUDGE VM List No.: 1 Sl No.: 5