- 1 - HC-KAR NC: 2026:KHC:6925-DB WA No. 199 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE G BASAVARAJA WRIT APPEAL NO. 199 OF 2026 (LB-BMP) BETWEEN: 1. SRI B S SURESH, AGED ABOUT 67 YEARS, S/O LATE SHAMANNA REDDY, RESIDING AT NO.454, 4TH CROSS, BELLANDUR, BENGALURU 560 103 …APPELLANT (BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL ALONG WITH SRI. KARTHIK V., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, J C ROAD, BENGALURU 560 001. 2. THE ASSISTANT EXECUTIVE ENGINEER, BBMP, DODDANEKKUNDI SUB-DIVISION, BENGALURU 560 037 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6925-DB WA No. 199 of 2026 3. THE ASSISTANT EXECUTIVE ENGINEER, GRATER BENGALURU AUTHORITY, DODDANEKKUNDI SUB-DIVISION, EAST MUNICIPAL COUNCIL, BENGALURU 560 037 4. BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, CAUVERY BHAVAN, BENGALURU 560 009. 5. THE ASSISTANT EXECUTIVE ENGINEER (ELE.) S-7, ASWATH NAGAR, MARATHHALLI, BESCOM, BENGALURU-560037 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R1 TO R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE ENTIRE RECORDS IN WP NO.123/2026 AND SET ASIDE THE ORDER DATED 14/01/2026 THEREIN, THE WRIT PETITION BE DISPOSED OF PROTECTING THE RIGHT OF THE APPELLANT TO PUT UP FURTHER CONSTRUCTION AS SOUGHT FOR, BY ALLOWING THIS APPEAL WITH COSTS THROUGHOUT AND GRANT SUCH OTHER ORDER/JUDGMENT. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6925-DB WA No. 199 of 2026 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the interim order dated 14.01.2026 passed by the learned Single Judge in W.P.No.123/2026 filed by the appellant/petitioner. This is a second writ petition filed by the petitioner on the same subject matter. 2. Before filing the aforesaid writ petition, the petitioner had filed W.P.No.26540/2025 praying therein that the order dated 07.07.2025 passed by the Assistant Executive Engineer, BBMP, Doddanekundi Sub-Division, Bengaluru, be set aside and the electricity connection be restored to the petitioner's building. 3. The learned Single Judge, vide interim order dated 01.09.2025 passed in W.P.No.26540/2025, had directed the respondent-authority to restore the electricity to the building of the petitioner with a rider that the petitioner - 4 - HC-KAR NC: 2026:KHC:6925-DB WA No. 199 of 2026 should not put up any additional construction on the property. The electricity to the building of the petitioner was restored in compliance of the said interim order dated 01.09.2025. 4. Thereafter, W.P.No.26450/2025 was taken up for final hearing and vide order dated 26.11.2025, the learned Single Judge, in paragraph Nos.7 and 8, had observed as under:- "7. Be that as it may, since the petitioner has now stated that he would file an appeal, it is appropriate to permit the petitioner to file an appeal before the Appropriate Authority. At the same time, It is also appropriate to direct respondent Nos.3 and 4 to restore the electricity supply to the building constructed by the petitioner, subject however to the condition that the petitioner shall not put up any further construction of whatsoever nature until the appeal before the Appellate Authority is disposed off. 8. It is made clear that if the petitioner puts up any further construction of whatsoever nature, respondent Nos.1 and 2 are at liberty to approach - 5 - HC-KAR NC: 2026:KHC:6925-DB WA No. 199 of 2026 this Court seeking orders to stop such construction or seal the building of the petitioner." 5. Thus, the interim order dated 01.09.2025 was in operation when the final order dated 26.11.2025 came to be passed in the aforesaid W.P.No.26450/2025. While permitting the petitioner to file an appeal against the order dated 07.07.2025, the learned Single Judge had directed that the petitioner shall not put up any additional construction till the appeal filed by him would get decided. 6. The petitioner has now filed the second writ petition in W.P.No.123/2026 (LB-BMP) in which the following interim directions have been issued at paragraph Nos.2 to 4:- "2. The submission of the impleading applicant is that the petitioner is still going on with the construction. Respondent No.3 is directed to cause the inspection of the property and to ensure that no further construction takes place. Respondent No.3 is also directed to get a CCTV camera installed at the construction site at the cost of the petitioner with a recording facility for 90 days, so that any - 6 - HC-KAR NC: 2026:KHC:6925-DB WA No. 199 of 2026 construction activity including plastering or the like is captured in the said CCTV, and also to ascertain, if there is any further violation being made by the petitioner of the order dated 01.09.2025 in WP No.26450/2025. 3. The report of the 2nd respondent to be filed by 28.01.2026 with a sample video recording made. It is made clear that if any further construction has taken place, necessary action would have to be taken against the official respondents. 4. The petitioner is restrained from occupying the premises or causing occupation of the premises by anyone. The jurisdictional BESCOM and BWSSB are restrained from granting any electricity or water connection to the said property, other than the temporary connection already provided." 7. To test the bona fides of the petitioner, the learned Single Judge, in W.P.No.123/2026, has observed that it has to be seen whether the petitioner has put up any additional construction in violation of the interim order dated 01.09.2025 passed in W.P.No.26450/2025 inasmuch as the electricity connection to the building of the - 7 - HC-KAR NC: 2026:KHC:6925-DB WA No. 199 of 2026 petitioner was restored on the condition that he should not put up any additional construction. 8. The matter is sub judice before the learned Single Judge in W.P.No.123/2026 and we do not think that the observations made in paragraph 2 of the impugned interim order dated 14.01.2026 passed by the learned Single Judge requires an interference. The petitioner cannot take the plea that though electricity was restored subject to the condition that he would not put up any additional construction, but in the final order, he has been restrained from putting up the additional construction and therefore, any construction put up by him after 01.09.2025 till the final order dated 26.11.2025 in W.P.No.26450/2025, cannot be questioned. If he has put up any additional construction in violation of the interim order dated 01.09.2025, the consequences would follow. - 8 - HC-KAR NC: 2026:KHC:6925-DB WA No. 199 of 2026 9. We are, therefore, of the considered view that there is no occasion for the petitioner to file this writ appeal, which is why we dismiss the same. 10. Parties may agitate their rights before the learned Single Judge in the pending W.P.No.123/2026. 11. In view of dismissal of the appeal, pending interim applications, if any, does not survive for consideration and accordingly they stand rejected. Sd/- (D K SINGH) JUDGE Sd/- (G BASAVARAJA) JUDGE NG List No.: 1 Sl No.: 5