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2026 DAILYLAW 28292 (KAR)

MS. A MOHANA PREETHI v. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED

WP/20242/2026 · 2026-07-06

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33773 WP No. 20242 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20242 OF 2026 (GM-KEB) BETWEEN: 1. MS. A MOHANA PREETHI D/O. SRI. A. VENKARAMANA NAIDU, AGED ABOUT 30 YEARS, R/AT. NO.3-146-C-12-1-8, PRASHANTH NAGAR, MADANAPALLE, CHITTOR, ANDHRA PRADESH - 517 325 2. SRI. SYAMA RAMAMOHAN NAIDU, S/O. SRI. SYAMA KRISHNAMA NAIDU, AGED ABOUT 46 YEARS, R/AT. NO.6-108, PENGALUR, CUDDAPAH, ANDHRA PRADESH - 516 127 REPRESENTED BY THEIR GPA HOLDER M/S. SLV BUILDING GENERATIONS, A PARTNERSHIP FIRM REPRESENTED BY ITS AUTHORIZED PARTNER: SRI. K. KANTHA RAO, S/O. SRI. SAMBA SIVA NAIDU KOOKATLA, AGED ABOUT 39 YEARS OFF/AT. PLOT NO.101, 89/1, BELATHUR, OPP. TRIFECTA ESPLANADE APARTMENT, KADUGODI POST, BANGALORE - 560 067 …PETITIONERS (BY SRI. CHINMAY G. KURANDWAD, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33773 WP No. 20242 of 2026 AND: 1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED K.R. CIRCLE, K.R. ROAD, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR 2. ASSISTANT EXECUTIVE ENGINEER, 4TH EAST SUB-DIVISION, BESCOM, WHITEFIELD, BENGALURU …RESPONDENTS (BY SRI. B.B. PATIL, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI QUASHING THE LETTER BEARING NO.P.SM.SKE(V)/SE(T)/P4/25-26/659 DATED 17.06.2026 ISSUED BY RESPONDENT NO.2, PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:33773 WP No. 20242 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayers: “a) Issue a Writ of Certiorari quashing the letter bearing No. P.S.M.SKE(V)/SE(T)/P4 /25-26/659 dated 17.06.2026 issued by Respondent No.2, produced at Annexure-A. b) Issue a Writ of Mandamus directing the Respondents to restore the electricity connection obtained by the Petitioners in respect of the Petitioners forthwith. c) Grant such other relief/s as deemed fit by this Hon’ble Court under the facts and circumstances of the case.” 2. It is the case of the petitioners that the petitioners are the absolute owners and in possession of the composite land bearing No.79, new Sy. No.79/1, Kumbena Agrahara Village, Bidarahalli Hobli, Bangalore East Taluk. The petitioners have entered into a Joint Development Agreement dated 28.06.2024, coupled with a General Power of Attorney dated 28.06.2024, with a real estate developer. Subsequently, the - 4 - HC-KAR NC: 2026:KHC:33773 WP No. 20242 of 2026 developer has constructed a residential apartment unit in the said property and some of the units have been rented out to the tenants. At the time of construction, the petitioners obtained a temporary electricity connection from the respondents for paying the requisite charges. It is stated that on 17.06.2026, the officials of respondent No.2 came near the schedule property and issued a letter dated 17.06.2026 calling upon the petitioners to submit the NOC obtained from the BBMP within a period of seven days from the date of receipt of the letter, failing which, they would take necessary action in accordance with law. Thereafter, the petitioners had tried to secure all the requisite documents required for issuance of the NOC from the BBMP. However, since the procurement of all the documents took up a considerable amount of time, the petitioners were unable to submit a reply to the said letter nor submit the NOC as asked for by the respondent No.2. It is stated that on 01.07.2026, the officials of the respondents came near the scheduled property unannounced and unilaterally disconnected the electricity connection obtained by the petitioners. Aggrieved by the said order, the petitioners are before this Court. The petitioners have also contended - 5 - HC-KAR NC: 2026:KHC:33773 WP No. 20242 of 2026 that BESCOM has no authority to issue such a show cause notice. 3. When the matter came up on 03.07.2026, this Court passed the following order: “Learned counsel for the petitioners submits that the respondents without passing any order have disconnected the power supply. Learned counsel Sri.B.B.Patil, who accepts notice on behalf of respondents submits that he will get instructions. From the submissions of the learned counsel, so far, the final order is not passed by the respondents. In that view of the matter, the respondents shall restore the electricity supply forthwith. List this matter on 06.07.2026 on the top of List No.1.” 4. Learned counsel for the respondents, on instructions, submits that although a show cause notice was issued, the petitioners have not submitted any reply thereto. - 6 - HC-KAR NC: 2026:KHC:33773 WP No. 20242 of 2026 He further submits that no final order has been passed so far and that the respondents will pass final order in due course. 5. In response, the learned counsel for the petitioners submits that, without passing any final order, the respondents could not have disconnected the power supply in such a high- handed manner. It is further submitted that, in the light of the order dated 03.07.2026 passed by this Court, the power supply has been restored. 6. Having heard the learned counsel on either side, perused the material on record. 7. When a show-cause notice dated 17.06.2026 was issued to the petitioners, calling upon them to respond to the same within a week. The petitioners ought to have responded to the said notice by giving a suitable reply, but the petitioners have kept quiet. At the same time, the respondents have not passed any final order, and they have disconnected the power supply. In the light of the orders passed by this Court on 03.07.2026, the power supply has been restored. - 7 - HC-KAR NC: 2026:KHC:33773 WP No. 20242 of 2026 8. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, directing the petitioners to submit their reply to the show cause notice dated 17.06.2026 within a period of two weeks of the date of receipt of the copy of this order. ii. Upon receipt of the reply, the respondents shall consider the same and pass appropriate orders in accordance with law. iii. Till such orders are passed, the respondents shall not disconnect the power supply. iv. If the petitioners fail to submit their reply within a period of two weeks from the date of receipt of the copy of this order, the respondents are at liberty to pass final orders and to act in accordance with law. - 8 - HC-KAR NC: 2026:KHC:33773 WP No. 20242 of 2026 v. Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 2