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2025 DAILYLAW 86947 (KAR)

SRI. DILIP G JAIN v. THE CHIEF COMMISSIONER

WP/33199/2025 · 2025-12-16

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53389 WP No. 33199 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.33199 OF 2025 (GM-KEB) BETWEEN: 1. SRI. DILIP G JAIN S/O LATE C GOUTAMCHAND JAIN, AGED ABOUT 40 YEARS, R/AT NO. 11, 3RD MAIN ROAD, CHAMARAJPETE, BENGALURU 560 018. …PETITIONER (BY SRI. H S PRASHANTH, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BBMP (NOW RENAMED AS GBA), HAVING OFFICE AT: NR SQUARE, BENGALURU 560 001. 2. THE ZONAL COMMISSIONER CENTRAL ZONE, BBMP (NOW RENAMED AS GBA) HAVING OFFICE AT: NR SQUARE, BENGALURU 560001. 3. THE ASSISTANT EXECUTIVE ENGINEER CHAMARAJAPET SUB-DIVISION, BBMP (NOW RENAMED AS GBA) BENGALURU 560 018. 4. THE BANGALORE ELECTRIC SUPPLY COMPANY LTD., (A STATE OWNED COMPANY, REGISTERED UNDER THE COMPANIES ACT, 1956) HAVING OFFICE AT: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53389 WP No. 33199 of 2025 KR CIRCLE, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS MANAGING DIRECTOR. 5. THE SUPERINTENDING ENGINEER (ELE) BESCOM WEST CIRCLE, CA SITE NO. 05, 3RD STAGE, BHEEMAJYOTHINAGARA HSBC LAYOUT, BENGALURU 560 079. 6. THE ASSISTANT EXECUTIVE ENGINEER W2- SUB DIVISION, CHAMARAJAPETE, BENGALURU 560 018. …RESPONDENTS (BY SRI. VAIBHAV RAVI MALIMATH.,ADVOCATE FOR R1 TO R3; SMT. PUSHPALATHA.,ADVOCATE FOR R4 TO R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DTD. 24.09.2025 BEARING NO. SEE/BWC/EEE/AEE/F-45/2025-26/4174-75 ISSUED BY THE R-5 VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Sri. Pushpakantha, learned counsel to file vakalath for respondent Nos.4 to 6 within two weeks. - 3 - HC-KAR NC: 2025:KHC:53389 WP No. 33199 of 2025 2. The petitioner has approached this Court seeking for the following prayers: a) Issue a writ of certiorari or any other writ of like nature to quash the communication dated 24/09/2025 bearing No.SEE/BWC/EEE/AEE/F- 45/2025-26/4174-75, issued by the Respondent No.5 vide Annexure-A. b) Pass such other order or orders as this Hon'ble Court deems fit to grant under the facts and circumstances of the case." 3. Heard learned counsel for the petitioner and learned counsel for the respondents. 4. Learned counsel for the petitioner submits that respondent Nos.1 to 3-Bruhat Bengaluru Mahanagara Palike (now renamed as Greater Bangalore Authority) initiated proceedings under Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short ‘the BBMP Act, 2020’) and issued a provisional order to which the petitioner submitted his reply. Thereafter, a final order came to be passed under Section 248(3) of the BBMP Act, 2020. - 4 - HC-KAR NC: 2025:KHC:53389 WP No. 33199 of 2025 5. It is further submitted that challenging the order passed under Section 248(3), the petitioner approached this Court in W.P.No.36355/2025(LB-BMP), which came to be disposed of on 01.12.2025, granting liberty to the petitioner to file an appeal under Section 250 of the Greater Bengaluru Governance Act, 2024 before the appropriate Appellate Authority/Chief Commissioner within a period of thirty(30) days from 01.12.2025. It is contended that this Court had also observed that the electricity connection to the petitioner's building shall not be disconnected till the petitioner avails the appellate remedy. 6. Learned counsel for the petitioner submits that the petitioner is in the process of preferring the statutory appeal within the time granted. However, respondent No.5 has issued the impugned communication directing cessation of power supply to the petitioner's building, followed by issuance of notice dated 24.09.2025 - 5 - HC-KAR NC: 2025:KHC:53389 WP No. 33199 of 2025 (Annexure-A), calling upon the petitioner to show as to why temporary electricity supply should not be disconnected. 7. The material placed on record would indicate that the impugned action of respondent No.5-BESCOM is pursuant to the order passed by the BBMP under Section 248 of the BBMP Act, 2020. At the same time, it is undisputed that the petitioner has already been granted liberty by this Court to avail statutory appellate remedy against the said order passed under Section 248(3) of the BBMP Act, 2020. 8. In view of the matter, without expressing any opinion on the merits or demerits of the petitioner's contentions, including the issue relating to non-issuance of completion certificate, it is made clear that respondent No.5 shall take action strictly in accordance with law and depending upon the final outcome of the appeal that may - 6 - HC-KAR NC: 2025:KHC:53389 WP No. 33199 of 2025 be preferred by the petitioner against the order passed under Section 248(3) of the BBMP Act, 2020. With the above observation and liberty reserved, the writ petition stands disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 3