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2026 DAILYLAW 40543 (KAR)

SRI ARUN KUMAR v. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED

WP/13398/2026 · 2026-09-11

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010287972026 NC: 2026:KHC:49816 WP No. 13398 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13398 OF 2026 (GM-KEB) BETWEEN: 1. SRI.ARUN KUMAR S/O. OMKARAPPA, AGED ABOUT 50 YEARS, R/AT.NO.41, 3RD MAIN ROAD, PRASANTHANAGARA, 2ND STAGE BHOGADI SOUTH, MYSORE-570 026 2. SRI. M. MAHADEV, S/O. MADAPPA, AGED ABOUT 58 YEARS, R/AT.NO.35, 1ST MAIN ROAD, KUMBARA KOPPAL METAGALLI POST, MYSORE-570 016 3. SRI. LAXMAN KUMAR D PUROHIT, S/O. LATE. DAYARAMJI PUROHIT, AGED ABOUT 59 YEARS, R/AT.NO.2, VINAYAKA FANCY STORE, MARUTI TEMPLE ROAD, GANGOTHRI LAYOUT, SARASWATHIPURAM, MYSORE-570 009 4. SRI. LOKESH.H.S. S/O. SWETHAMBAR. H.E, AGED ABOUT 46 YEARS, R/AT.NO.625, 1ST CROSS, AMRUTHANANDAMAYI ROAD, BHOGADI SOUTH, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010287972026 NC: 2026:KHC:49816 WP No. 13398 of 2026 MYSORE-570 009 5. SRI. JAGADISH H PUROHITH, S/O. HIRALAL JI, AGED ABOUT 58 YEARS, R/AT.NO.10, RONAK FASHION, GANGOTHRI LAYOUT, NEAR MURTHI TEMPLE, SARASWATHIPURAM, MYSORE-570 009 6. SMT. JAMUNA, W/O. JAGADEESHA, AGED ABOUT 58 YEARS, R/AT NO.2233, MARUTHI TENT ROAD, BOGADI 2 STAGE, JANATHANAGARA, MYSORE-570 009 7. SRI. H.F.. BASAVARAJU, S/O. LATE. H. EREDOWDA, AGED ABOUT 58 YEARS, R/AT 847/A, 3D CROSS, 4 STAGE, MARUTI TEMPLE ROAD, TK LAYOUT, MYSORE-570 023 8. SRI. K.B. PRASANNA KUMAR, S/O. KT. BORAIAH, AGED ABOUT 62 YEARS, R/ALL-176, 80 FEET ROAD, 2ND MAIN, 2ND STAGE, MYSORE-570 017 9. SRI. S. SHEKAR, SIO. LATE. SHEKHU, AGED ABOUT 56 YEARS, R/ALNO.1444, 13 CROSS, JANATHANAGARA, MYSORE-570 009 - 3 - HC-KAR CNR: KAHC010287972026 NC: 2026:KHC:49816 WP No. 13398 of 2026 10. SRI. YOGISHA, S/O. SWAMY, AGED ABOUT 58 YEARS, R/AT NO.139, 3D CROSS, CFTRI LAYOUT, BOGADI 2ND STAGE, MYSORE-570 026 11. SMT. LALITHA. TN, WIO. MV. YOGEESH, AGED ABOUT 47 YEARS, R/ALNO.EWS 215, 9TH CROSS, GANGOTHRI LAYOUT, MYSORE-570 009 …PETITIONERS (BY SRI. GOVARDHAN S., ADVOCATE) AND: 1. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (CESC MYSORE), REPRESENTED BY ITS MANAGING DIRECTOR, OFF. AT. NEAR HINKAL, VIJAYANAGAR 2ND STAGE, MYSORE-570 017 2. EXECUTIVE ENGINEER, CESC, OFF. AT. DIVISIONAL OFFICE, VV MOHALLA, MYSORE-570 002 3. ASSISTANT EXECUTIVE ENGINEER, CESC. OFF. AT. KUVEMPUNAGARA SUB-DIVISION, JODI BASAVESWARA ROAD, MYSORE-570 023 4. BHARAT SEVA DALA DISTRICT COMMITTEE REP. BY ITS SECRETARY, OFF. AT. MARUTI TEMPLE CIRCLE, - 4 - HC-KAR CNR: KAHC010287972026 NC: 2026:KHC:49816 WP No. 13398 of 2026 HARDIKAR BHAVANA, GANGOTRI LAYOUT, SARASWATIPURAM, MYSORE-570 009 …RESPONDENTS (BY SRI.H.V.DEVARAJU, ADVOCATE FOR R1 TO R3 R4 IS SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ENDORSEMENT 17/01/2025 AT ANNEXURE-A ISSUED BY RESPONDENT NO.3 AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 1 TO 3 TO IMMEDIATELY RESTORE ELECTRICITY SUPPLY TO THE PETITIONERS WITH RESPECT TO RR NUMBERS I.E., 3SP 202696(RR NUMBER OF PETITIONER NO.1), 93662 (RR NUMBER OF PETITIONER NO.2), 93663(RR NUMBER OF PETITIONER NO.3), 20700, 202697(RR NUMBER OF PETITIONER NO.4), KSC 17479 (RR NUMBER OF PETITIONER NO.5), 93664 (RR NUMBER OF PETITIONER NO.6) 202692(RR NUMBER OF PETITIONER NO.7) 202699 (RR NUMBER OF PETITIONER NO.8), 202698 (RR NUMBER OF PETITIONER NO.9), KSC 13959(RR NUMBER OF PETITIONER NO.10) AND 202694 (RR NUMBER OF PETITIONER NO.11) OR ALTERNATIVELY PROVIDE INDEPENDENT ELECTRICITY CONNECTION TO THE PETITIONERS WITHOUT INSISTING ON LANDLORDS NOC. - 5 - HC-KAR CNR: KAHC010287972026 NC: 2026:KHC:49816 WP No. 13398 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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: a) Issue a Writ of Certiorari Quashing the endorsement dated:17/01/2025 at Annexure-A issued by Respondent No.3 in bearing No.SA.Ka.Ni.Im(V)/ Sa.Im (Tham) ku.na/U.V/2025-26/1858. b) Issue a Writ of Mandamus directing the Respondents 1 to 3 to Immediately restore electricity supply to the Petitioners with respect to RR Numbers i.e., 3SP 202696(RR Number of Petitioner No.1), 93662 (RR Number of Petitioner No.2), 93663(RR Number of Petitioner No.3), 20700, 202697(RR Number of Petitioner No.4), KSC 17479 (RR Number of Petitioner No.5), 93664 (RR Number of Petitioner No.6) 202692(RR Number of Petitioner No.7) 202699 (RR Number of Petitioner No.8), 202698 (RR Number of Petitioner No.9), KSC 13959(RR Number of Petitioner No.10) and 202694 (RR Number of Petitioner No.11) or alternatively provide independent electricity connection to the Petitioners without insisting on landlord's NOC. 2. It is the case of the petitioner that the petitioners are lawful tenants occupying the shop premises under respondent No.4 for the past 20 to 30 years, carrying on business for their livelihood. Due to disputes between the parties, several eviction - 6 - HC-KAR CNR: KAHC010287972026 NC: 2026:KHC:49816 WP No. 13398 of 2026 suits have been filed and are pending adjudication before the competent Civil Court. During the pendency of the suit, respondent No.4, with an oblique motive to evict the petitioners by coercion, disconnected the electricity supply to the shops owned by the petitioners, who are tenants under respondent No.4. In this regard, the petitioners submitted a representation to respondent No.3, seeking restoration of the electricity supply, by letter dated 31.12.2025. Respondent No.3 instructed the petitioners to produce records pertaining to the power supply and to furnish documents relating to the suits pending before the court. Accordingly, the petitioners produced the documents. Meanwhile, on 03.01.2026, respondent No.4 submitted a representation to respondent No.3 requesting the permanent disconnection of the power supply, and the same was disconnected. Thereafter, the petitioners submitted representations seeking restoration of the power supply. However, there was no response from respondent Nos.1 and 2. On 17.01.2026, respondent No.3 issued an endorsement stating that the restoration of electricity supply is not possible - 7 - HC-KAR CNR: KAHC010287972026 NC: 2026:KHC:49816 WP No. 13398 of 2026 without the landlord's consent and hence the petitioners are before this court. 3. This Court on 17.06.2026 recording the reasons, that when a dispute is pending between the landlord and the tenant, the authorities cannot disconnect the power supply at the landlord's behest, even after the tenant brings the pending litigation to their notice, directed respondent No.3 to forthwith restore the power supply. This court directed the petitioners shall continue to pay the regular consumption charges. Notice has been served on respondent No.4, and no vakalath has been filed on their behalf. 4. When the matter came up on the last occasion, the petitioner brought to the court's notice that the power supply had not been restored. On 09.09.2026, this court directed that the power supply be restored forthwith. On 10.09.2026, it was again submitted that the power supply had not been restored. The court then ordered that if the power supply was not restored to the petitioner by the end of the day, the Managing Director of respondent No.1 shall be present before the court on 11.09.2026. Today, when the matter came up before the - 8 - HC-KAR CNR: KAHC010287972026 NC: 2026:KHC:49816 WP No. 13398 of 2026 court, learned counsel appearing for respondent No.3 submits that the power supply had been restored. It is further submitted that the owner had locked the premises where the meter is situated, and as such, the power supply could not be restored as per the order passed by the court. It is submitted that the concerned officer is also present before the court. 5. Learned counsel for the petitioner submits that the power supply has been restored, the writ petition must be allowed because the endorsement, i.e., issued by respondent No.3, is arbitrary. 6. Though notice is served on the respondent No.4, there is no representation on their behalf. 7. Having heard the learned counsels on either side, perused the material on record. Admittedly, when the disputes are pending between the petitioner and respondent No.4, and when the respondent is notified that civil suits are pending between the parties at the behest of the owner, the power supply is disconnected. CESCOM cannot act in this manner, and the landlord is using CESCOM to ensure that the tenant vacates - 9 - HC-KAR CNR: KAHC010287972026 NC: 2026:KHC:49816 WP No. 13398 of 2026 the premises even before the civil suits are disposed of. The respondent/authorities have no business to interfere in these kinds of matters where civil suits are pending adjudication before the competent court. 8. In that view of the matter as far as the second relief is concerned already it is worked out and as far as the first relief is concerned, this court is passing the following: ORDER i. The endorsement dated 17.01.2025 issued by Respondent No.3 is set aside. ii. Accordingly, the writ petition is Allowed. The parties are at liberty to settle their disputes before the competent forum. iii. Pending IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS,List No.: 1 Sl No.: 38 AK