- 1 - HC-KAR NC: 2025:KHC:27654 WP No. 21556 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21556 OF 2025 (LB-BMP) BETWEEN: 1. SMT. GNANASELVI W/O JAYACHANDRAN AGED ABOUT 57 YEARS RESIDING AT NO.1444/31, 4TH E MAIN ROAD MARIYAPPANA PALYA BENGALURU-560 021. …PETITIONER (BY SRI. S. SHANKARACHAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560 001. 2. BRUHAT BENGALURU MAHANAGAR PALIKE REPRESENTED BY COMMISSIONER J C ROAD, BENGALURU-560 002. 3. THE JOINT COMMISSIONER BBMP, J C ROAD BENGALURU-560 002. 4. THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27654 WP No. 21556 of 2025 RAJARAJESHWARI NAGAR ZONE IDEAL HOMES, 18TH CROSS BENGALURU-560098. 5. THE ASSISTANT EXECUTIVE ENGINEER BBMP, GORAGUNTEPALYA SUB-DIVISION NO.8/13, LAKSHMIKANTA COMPLEX NANDHINI LAYOUT, BENGALURU-560 096. 6. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU ELECTRICITY SUPPLY COMPANY, 7TH NORTH SUB-DIVISION J C NAGAR, BENGALURU-560 086. 7. THE ASSISTANT EXECUTIVE ENGINEER (SUB-DIVISION) - 2, (NORTH-EAST)2 SUB-DIVISION, BWSSB, NEAR BUS-STATION PEENYA II STAGE, BENGALURU-560 0587. …RESPONDENTS (BY SRI. BOPANNA .B, AGA FOR R1 SMT. SUMANGALA GACHCHINAMATH, ADVOCATE FOR R2, R5 AND R7; SMT. ANUSHA PRASAD, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROVISIONAL ORDER DATED 6.2.2025 IN NO. VA. AA(RARANAVA)/P.R/67/2024-25 PASSED BY THE 4TH RESPONDENT, A COPY OF WHICH IS PRODUCED AT ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27654 WP No. 21556 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The short point that arises for consideration in the present writ petition is whether respondent No.6 – BESCOM, was justified in issuing the impugned notice dated 23.06.2025 (Annexure-"N") and whether respondent No.7 was justified in issuing a similar notice dated 09.07.2025 (Annexure-"P"), both threatening disconnection of power and water supply on the ground that a confirmation order has been passed against the petitioner under Section 248(3) of the BBMP Act, 2020. 2. This Court has taken serious note of the conduct of respondent authorities, including BBMP, BESCOM, and BWSSB, 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 in Appeal No.159/2025. Issuance of such notices while the matter is sub judice before the Appellate - 4 - HC-KAR NC: 2025:KHC:27654 WP No. 21556 of 2025 Authority reflects a disregard for due process and unnecessarily contributes to avoidable litigation. 3. Once the petitioner has preferred an appeal and the same is pending adjudication, it was incumbent upon respondents No.6 and 7 to exercise restraint and await the decision of the Appellate Authority. The issuance of the impugned notices at Annexures "N" and "P" is clearly premature and arbitrary, and therefore, not sustainable in law. 4. In view of the above, this Court passes the following: ORDER (i) The writ petition is partly allowed. (ii) The impugned notices dated 23.06.2025 and 09.07.2025 issued by respondents No.6 and 7 vide Annexures "N" and "P" respectively, are hereby kept in abeyance until final disposal of Appeal No.159/2025 pending before the Appellate Authority under Section 253 of the BBMP Act, 2020. - 5 - HC-KAR NC: 2025:KHC:27654 WP No. 21556 of 2025 (iii) It is made clear that respondents No.6 and 7 shall not take any coercive action against the petitioner pursuant to the said notices during the pendency of the appeal. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 2