- 1 - HC-KAR NC: 2025:KHC:49584 WP No. 35011 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.35011 OF 2025 (GM-KEB) BETWEEN: SRI THALAL S/O SRI ABDULLA, AGED ABOUT 44 YEARS, R/AT KAIPRATH ORKKATERI POST, ERAMALA, KOZIKODE, KERALA-673 501. …PETITIONER (BY SRI ABHINAY Y.T., ADVOCATE FOR SRI KARTHIK V., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE, REPRESENTED BY ITS COMMISSIONER, J.C. ROAD, BENGALURU-560 001. 2. THE ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, DIVISIONAL OFFICE, WHITEFIELD, BENGALURU-560 036. 3. BENGALURU ELECTRIC SUPPLY COMPANY LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR CORPORATE OFFICE, K.R. CIRCLE, BENGALURU-560001. 4. THE ASSISTANT EXECUTIVE ENGINEER, BENGALURU ELECTRICITY SUPPLY COMPANY, WHITEFIELD, 4TH SUB-DIVISION, BENGALURU-560066. …RESPONDENTS (BY SRI B.L. SANJEEV, ADVOCATE FOR R-1 & R-2; SMT. RAKSHITHA D.J., ADVOCATE FOR R-3 & R-4) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49584 WP No. 35011 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER, COPY OF WHICH IS PRODUCED AT DATED 22/08/2025 P ANNEXURE-G DATED 22.08.2025 AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW. 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 The petitioner has approached this Court seeking a writ of mandamus directing respondent No.2 to consider the petitioner's application for issuance of a No-Objection Certificate (NOC). Brief facts: 2. The petitioner claims to be the absolute owner in possession of the residential property bearing Site No.8, forming part of BBMP Khata No.4807, carved out of Survey No.65/4 (old Sy. No.65/1) at Pattandur Agrahara Village, K.R. Puram Hobli, Bengaluru East Taluk. The land stands converted by the Official Memorandum dated 17.06.2022, and the petitioner has put up construction after obtaining the building plan and - 3 - HC-KAR NC: 2025:KHC:49584 WP No. 35011 of 2025 licence, electricity and water connections and is in peaceful enjoyment of the schedule property. 3. A notice was earlier issued under Section 321 (3) of the Karnataka Municipal Corporations Act, 1976 (‘KMC Act’ for short) which became the subject matter of W.P. No.23687/2025, wherein this Court, by order dated 12.08.2025 directed that the confirmation order be treated as a show-cause notice, permitted the petitioner to file objections, directed consideration of the same, and ordered restoration of electricity supply pending such consideration. 4. Pursuant thereto, the petitioner filed an application dated 22.08.2025 before respondent No.2 seeking issuance of an NOC for regularizing the temporary electricity connection. It is asserted that during the pendency of the said application, and contrary to the earlier direction of this Court, the power supply to the petitioner's premises has once again been disconnected. - 4 - HC-KAR NC: 2025:KHC:49584 WP No. 35011 of 2025 5. Learned counsel for the petitioner contends that the subsequent disconnection is arbitrary, illegal and directly contrary to the order passed by this Court in the earlier writ petition. It is submitted that once the Court directed restoration of electricity, the respondents were duty-bound to maintain the same until the petitioner's representation was duly considered. 6. It is urged that the petitioner had already complied with all the statutory requirements, and has a valid sanctioned plan and license. Therefore, the request for an NOC ought to have been processed expeditiously. The inaction on the part of respondent No.2 has resulted in undue hardship and denial of basic amenities, amounting to violation of Articles 14 and 21 of the Constitution. 7. It is further submitted that disconnection of electricity, without notice and without consideration of the pending application, is opposed to the principles of natural justice and has caused grave injustice to the petitioner. - 5 - HC-KAR NC: 2025:KHC:49584 WP No. 35011 of 2025 8. Heard the learned counsel for the petitioner and learned counsel for the respondents. 9. It is not in dispute that the petitioner had submitted a representation as per Annexure-G, seeking issuance of an NOC. The earlier order of this Court in W.P. No.23687/2025 had protected the petitioner's electricity connection. The grievance of the petitioner, that no order has been passed on the representation and the electricity has again been disconnected, merits consideration. 10. There is sufficient force in the submission of the petitioner that the inaction of respondent No.2 in processing the NOC application has resulted in delay and consequent hardship. Accordingly, this Court deems it appropriate to issue necessary directions and accordingly this Court pass the following: ORDER i. The writ petition stands disposed of. - 6 - HC-KAR NC: 2025:KHC:49584 WP No. 35011 of 2025 ii. Respondent No.2 is directed to consider the petitioner's application dated 22.08.2025 for request of an NOC (Annexure-G) and pass reasoned order strictly in accordance with law. iii. The NOC shall be issued, subject to requisite compliance by the petitioner within two weeks from the date of receipt of the copy of this order. iv. Having regard to the earlier order in W.P. No.23687/2025 and the fact that the petitioner had a benefit of temporary electricity connection, respondent No.2 is directed to restore the temporary electricity connection forthwith, subject to the petitioner paying the advance consumption charges, if any required under law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 30