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2026 DAILYLAW 29727 (KAR)

M/S INNOVATIVE STAYS PVT LTD v. ASSISTANT EXECUTIVE ENGINEER

WP/19270/2026 · 2026-07-06

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33850 WP No. 19270 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. 19270 OF 2026 (GM-KEB) BETWEEN: M/S INNOVATIVE STAYS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT 102, A BLOCK, TOWER - I, BELLANDUR, OUTER RING ROAD, BENGALURU -560 103 REPRESENTED HEREIN BY ITS MANAGING DIRECTOR MR. SURESH B., …PETITIONER (BY SRI. ARAVIND M NEGLUR, ADVOCATE) AND: 1. ASSISTANT EXECUTIVE ENGINEER, BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, E-12 SUB-DIVISION, BESCOM MAHADEVPURA, BENGALURU -560 048 2. EXECUTIVE ENGINEER, BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, 1ST FLOOR, NEAR OLD POLICE STATION VIGNESHWARA NAGAR, DEVASANDRA INDUSTRIAL ESTATE, MAHADEVPURA, BENGALURU -560 048 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33850 WP No. 19270 of 2026 3. MR. OMAR FAROOK S/O A. SHAKOOR, AGED ABOUT 62 YEARS, RESIDING AT NO. 315, 8TH CROSS, LAKSHMI ROAD, SHANTI NAGAR, BENGALURU – 560 027 4. KARNATAKA ELECTRICITY REGULATORY COMMISSION, REPRESENTED HEREIN BY ITS CHAIRMAN HAVING ADDRESS AT NO. 16C-1, MILLER ROAD, KAVERAPPA LAYOUT, VASANTH NAGAR, BENGALURU -560 052 …RESPONDENTS (BY SMT.PADMA S. UTTUR, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED BESCOM ORDER BEARING NO. NO.AEE(ELE)/E- 12/AAO/SA/2026-27/337-42, DATED 9.06.2026 PASSED BY THE 1ST RESPONDENT WHICH IS AT ANNEXURE K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “The petitioner prays that this Hon’ble Court be pleased to issue a writ, order or direction in the nature of a writ: a. Quash the impugned BESCOM order bearing No.AEE(Ele)/E-12/AAO/SA/2026-27/337-42 - 3 - HC-KAR NC: 2026:KHC:33850 WP No. 19270 of 2026 dated 09.06.2026 passed by the 1st respondent which is at Annexure K; and b. Pass any other order that this Hon’ble Court deems fit, in the furtherance of justice.” 2. Learned counsel appearing on behalf of the petitioner submits when the respondents were trying to disconnect the power supply, he has filed WP No.1819/2026 and that came to be disposed of by order dated 29.04.2026, wherein this Court has disposed of the writ petition with a liberty to file its objections to the impugned notice issued by respondent No.1-BESCOM within a period of two weeks from the date of receipt of the copy of the order. The impugned notice shall be treated as a show cause notice and the competent authority shall consider the objections filed by the petitioner and pass appropriate orders in accordance with law. 3. Learned counsel appearing on behalf of the petitioner submits that pursuant to the said order, the petitioner has filed his objections dated 18.05.2026 and 26.05.2026. It is the grievance of the petitioner that the final order came to be passed without considering the objections of the petitioner. The petitioner's case is that, for residential - 4 - HC-KAR NC: 2026:KHC:33850 WP No. 19270 of 2026 purposes, they are using the premises for which they were charged on a commercial basis, and this aspect was not considered by the Court. According to him, the order is bereft of reasons and passed without considering the objections filed by the petitioner. 4. Learned counsel appearing on behalf of respondent Nos.1, 2 and 4 submits that the present writ petition is not maintainable before this Court, as the petitioner has an effective alternative remedy under Section 127 of the Electricity Act, 2003. In this regard, she has relied on an order passed by a Co-ordinate Branch of this Court in WP No.7150/2024(GM- KEB) dated 18.07.2025, and on a judgment in W.P. No.8445/2018(GM-KEB) dated 27.11.2019 and under Section 127 of the Electricity Act, 2003, the present writ petition is not maintainable. 5. The learned counsel has raised several grounds. This Court is not inclined to go into all those aspects, as the petitioner has an effective alternative remedy under Section 127 of the Electricity Act, 2003. In that view of the matter, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC:33850 WP No. 19270 of 2026 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy before the appellate authority under Section 127 of the Electricity Act, 2003. ii. The alternative remedy available shall be exercised within a period of one week from the date of receipt of the copy of the order. iii. This Court is not issuing notice to respondent No.3 as no adverse orders are passed. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN, List No.: 3 Sl No.: 1