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2026 DAILYLAW 16880 (KAR)

SRI M N CHANDREGOWDA v. STATE OF KARNATAKA

WP/993/2026 · 2026-04-21

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21406 WP No. 993 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 993 OF 2026 (GM-KEB) BETWEEN: SRI M N CHANDREGOWDA S/O LATE NARASEGOWDA, AGED ABOUT 50 YEARS, RESIDING AT NO.655, 2ND CROSS, HMT LAY OUT, C.B.I. MAIN ROAD, R.T. NAGAR, BENGALURU - 560 032. …PETITIONER (BY SRI. BHAT SHANKAR SHIVARAM.,ADVOCATE) AND: 1. STATE OF KARNATAKA M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY, 2. THE COMMISSIONER RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT (RDPR), GOVERNMENT OF KARNATAKA, OFFICE OF COMMISSIONERATE OF PANCHAYAT RAJ, K.G. ROAD, BENGALURU - 560 009. 3. BENGALURU ELECTRICITY SUPPLY COMPANY LTD ADDRESS AT CORPORATE OFFICE, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21406 WP No. 993 of 2026 CORPORATE OFFICE, MD SECTION. DESIGNATION, PHONE, EMAIL. MANAGING DIRECTOR, 080-22085093, MD@BESCOM.COM.IN. PS TO MD, 080-22354929, PSTOMD@BESCOM.COM.IN. REPRESENTED BY ITS MANAGING DIRECTOR. 4. PANCHAYAT DEVELOPMENT OFFICER HIREHALLI GRAMA PANCHAYATHI OFFICE OF GRAMA PANCHAYAT MANCHAKAL KUPPE, TUMKUR TALUK, TUMKUR DISTRICT - 571 201. 5. ASSISTANT EXECUTIVE ENGINEER (VI) (COM. OAND M) OFFICE OF ASSISTANT EXECUTIVE ENGINEER, KYATSANDRA SUB-DIVISION, BENGALURU ELECTRICITY COMPANY LIMITED, TUMKUR - 572 104. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA.,HCGP FOR R1 AND R2; SRI. A NAGARAJAPPA.,ADVOCATE FOR R4; SRI. LIKITH R PRAKASH.,ADVOCATE FOR R3 AND R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTINO OF INDIA PRAYING TO DIRECT AND QUASH THE ORDER OF POWER DISCONNECTION DTD 17.07.2025 BEARING NO.SA.KA.NI.EM(VI)/SUVI-3/2025-26 WHEREIN THERE WAS A THREAT OF DISCONNECTION VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:21406 WP No. 993 of 2026 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent No.2. 2. The petitioner has approached this Court seeking for the following prayers: " i) Issue a writ of certiorari or any other appropriate writ or order or direction and quash the order of power disconnection dated: 17-07-2025 bearing No.Sa.Ka.Ni.em. (vi)/suvi-3/2025-26 wherein there was a threat of disconnection vide ANNEXURE-A ii) i) Issue a writ of certiorari or any other appropriate writ or order or direction and quash the order/endorsement respondent No.4, dated: 20-11- 2025, vide ANNEXURE-H, Grama pam:hi:vivara: him:/5/2025-26. iii) Writ of mandamus or any other order or direction to the respondents No.1 and 5 not to disturb the power connection existing since the last 23 years to the premises. - 4 - HC-KAR NC: 2026:KHC:21406 WP No. 993 of 2026 iv) Writ of mandamus or any other order or direction to the respondents No.4 to regularize the building of the petitioner as already represented by the petitioner, in accordance with last representation dated: 14-11-2025 Vide ANNEXURE-A-1. v) Pass such other and further Order / Judgement/s/ Decree/s that this Hon'ble Court may be please deem fit and proper on facts and circumstances of the case in the ends of justice and equity." 3. Learned counsel appearing for respondent No.4 submits that as against the endorsement dated 20.11.2025 (Annexure-H), an efficacious alternative remedy is available under Section 269 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and therefore, the writ petition is not maintainable. 4. Learned counsel for the petitioner submits that liberty may be reserved to the petitioner to avail the said statutory remedy. It is further submitted that insofar as disconnection order dated 17.07.2025 (Annexure-A) passed by respondent No.5 and the consequential - 5 - HC-KAR NC: 2026:KHC:21406 WP No. 993 of 2026 proceedings dated 31.03.2026 (Annexure-P) are concerned, liberty also be granted to approach the appropriate forum in accordance with law. 5. Having regard to the submissions made and the nature of the reliefs sought, this Court is of the opinion that the petitioner ought to be relegated to the appropriate statutory authority/forum remedy available under law. However, in order to safeguard the interest of the petitioner, limited protection requires to be granted for a limited period. Accordingly, this Court pass the following: ORDER i) The Writ Petition is disposed of. ii) Liberty is reserved to the petitioner to approach the appropriate authority/forum challenging the endorsement dated 20.11.2025 (Annexure-H) passed by respondent No.4 and the disconnection - 6 - HC-KAR NC: 2026:KHC:21406 WP No. 993 of 2026 order dated 17.07.2025 (Annexure-A) issued by respondent No.5, along with the consequential proceedings. iii) The petitioner is granted four(4) weeks time from the date of receipt of certified copy of this order to avail such remedy. iv) Till such time (i.e., four weeks), respondent No.5 shall not take any coercive or precipitative steps against the petitioner. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 10