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2026 DAILYLAW 49966 (KAR)

SRI B SHANKARALINGAPPA v. THE ASSISTANT EXECUTIVE ENGINEER, (ELE, C, O AND M)

WP/23085/2023 · 2026-01-13

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1880 WP NO.23085 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.23085 OF 2023 (GM-RES) BETWEEN: SRI. B. SHANKARALINGAPPA S/O LATE BORAPPA, AGED ABOUT 75 YEARS, R/AT BILIGERE VILLAGE, KIBBANAHALLI HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT - 572 114. &PETITIONER (BY SRI. M.R. NAGABHUSHANA, ADVOCATE) AND: 1. THE ASSISTANT EXECUTIVE ENGINEER (ELE, C, O & M) BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, BILIGERE OMU SUB-DIVISION, TIPTUR TALUK, TUMAKURU DISTRICT - 572 114. 2. THE SECTION OFFICER (ELE.) BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, BILIGERE SECTION, BILIGERE, TIPTUR TALUK, TUMAKURU DISTRICT - 572 114 3. THE PANCHAYATH DEVELOPMENT OFFICER BILIGERE GRAMA PANCHYATH, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1880 WP NO.23085 OF 2023 BILIGERE, TIPTUR TALUK, TUMAKURU DISTRICT - 572 114. &RESPONDENTS (BY SRI. GOWRI SHANKAR E., ADVOCATE FOR R1 AND R2; R3-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 04TH OCTOBER, 2023 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-E AND CONSEQUENTLY DIRECT THE RESPONDENTS 1 AND 2 NOT TO DISCONNECT THE POWER CONNECTION ACCORDED TO THE PETITIONER PROPERTY IN TERMS OF THE SANCTION LETTER DATED 08TH SEPTEMBER, 2023 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-D; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner is before this Court, seeking following relief: "(i) Issue a writ in the nature of certiorari or any other writ, to quash the impugned order bearing No.Sha(Vi)/HiSa/B/2023-24-204 dated 04-10-2023 issued by the 2nd respondent vide Annexure-E and consequently direct the respondents 1 and 2 not to disconnect the power connection accorded to the petitioner property in terms of the sanction letter dated 08-09-2023 vide Annexure-D issued by the 2nd respondent. - 3 - HC-KAR NC: 2026:KHC:1880 WP NO.23085 OF 2023 (ii) Issue such other orders, directions as deemed fit in the circumstances of the case and allow this writ petition with exemplary costs, in the interest of justice." 2. It is the case of the petitioner that, he is the owner and in possession of the property bearing Khata No.205 with property identification No.152500801100400221 measuring East-West 35 Ft. and North-South 534 Ft. situate at Biligere Village, Tiptur Taluk, Tumakuru District and survey number of the said property is in Survey No.215/2B. The petitioner had put-up construction over the aforesaid property and he was given power connection vide R.R. No.BGL-431. That a portion of the building constructed on the said property was demolished and another structure was put-up in view of the acquisition of the portion of property by the National Highways Authority of India. During which time, the petitioner was given Temporary power connection vide R.R. No.GTTP-5225. In view of the above said circumstances, the petitioner had requested the respondent-Authorities to regularise the old permanent power connection bearing R.R. No.BGL-431 and to disconnect the temporary power connection bearing R.R. No.GTTP-5225. That pursuant to a communication dated 04th October, 2023 - 4 - HC-KAR NC: 2026:KHC:1880 WP NO.23085 OF 2023 (Annexure-E), the respondent No.2 had sought to disconnect the temporary power connection issued to the petitioner. Therefore the petitioner is constrained to approach this Court. 3. Learned counsel appearing for the petitioner submits that, in view of the subsequent development of the petitioner having completed the construction over the said property, if a direction is issued to the respondent-Authorities to regularise the old power connection bearing R.R. No.BGL- 431 and to disconnect the temporary power connection bearing R.R. No.GTTP-5225, the purpose of the petition would be served. 4. In response, learned counsel appearing for respondent Nos.1 and 2 submitted that the request of the petitioner can be considered only if, he complied with the requirements of the law in the nature of furnishing the documents such as No Objection Certificate issued from the local Panchayat Authority and payment of dues and other charges, if any. 5. The said submission of the learned counsel appearing for respondent Nos.1 and 2 is taken on record. - 5 - HC-KAR NC: 2026:KHC:1880 WP NO.23085 OF 2023 6. Accordingly, Writ Petition is disposed of with the following directions: (i) The petitioner shall submit necessary application along with the documents as may be required under law within thirty days from the date of receipt of certified copy of this order. (ii) The respondent No.2 shall thereafter consider the said application and pass appropriate order in accordance with law. (iii) Till the consideration of such application, the power connection provided to the petitioner shall not be disconnected. (iv) The petitioner shall pay all the dues legally to be payable to the respondent-Authorities. Sd/- (M.G.S. KAMAL) JUDGE ARK List No.: 1 Sl No.: 12