- 1 - HC-KAR NC: 2026:KHC:23254 WP No. 10396 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 10396 OF 2026 (GM-KEB) BETWEEN: M/S SAI SUMUKHA PROPERTIES A PARTNERSHIP FIRM, REGISTERED UNDER THE REGISTRAR OF FIRMS, REGISTRATION DISTRICT, OFFICE AT NO.37, TELECOM LAYOUT, TIMBER LAYOUT, MYSORE ROAD, BANGALORE - 560 026. REPRESENTED BY ITS PARTNER SRI N A NAGARAJ SETTY, AGED ABOUT 72 YEARS, (SENIOR CITIZEN NOT CLAIMED) S/O LATE N ANJANEYA SETTY, R/AT NO. 840/D, ARAVIND, FIRST 'E' MAIN, R P ROAD, GIRINAGAR, BANGALORE - 560 085. …PETITIONER (BY SMT. YASHASWINI S.,ADVOCATE FOR; SRI. AKASH V T.,ADVOCATE) AND: 1. M/S BENGALURU ELECTRICITY SUPPLY CO LTD REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, SHESHADRI ROAD, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23254 WP No. 10396 of 2026 K.R. CIRCLE, BENGALURU - 560 001. 2. THE ASSISTANT EXECUTIVE ENGINEER (E) EAST- 6 SUB DIVISION, BYATARAYANAPURA, B.E.S.C.O.M, BENGALURU - 560 037. 3. ASSISTANT EXECUTIVE ENGINEER GREATER BENGALURU AUTHORITY, GALI ANJANEYASWAMI TEMPLE, SUB - DIVISION, BASAVESHWARA LAYOUT, 3RD MAIN ROAD, BEHIND KAILASHESHWARA TEMPLE, ATTIGUPPE, BENGALURU - 560 040. …RESPONDENTS (BY SMT. SWAMINI GANESH MOHANAMBAL.,ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 17.02.2026 BEARING NO. SA.KA.E(V)/SA LE/JO SA/PA6/2025-26/3931-33 ISSUED BY R-2 VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:23254 WP No. 10396 of 2026 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking for the following reliefs: "A. Issue a writ of Certiorari quashing the order dated: 17/2/2026, bearing no. Sa.Ka.E(V)/Sa Le/Hi/Sa/Pa6/2025-26/3931-33 issued by Respondent No.2, vide Annexure-A. B. Grant such other relief/s as this Hon'ble Court deems fit in the interest of justice and equity." Brief facts: 2. The petitioner claims to be the absolute owner in possession of the property bearing Municipal No.29 (7 guntas in Survey No.25/2 and 33 guntas in Survey No.27/1 of Byatarayanapura Village, Kasaba Bangalore North Taluk, situated at 1st main Road, Byatarayanapura, Bengaluru, Corporation Ward No:157 (Old Ward No:41), PID No:157-Wo224-3 (Old PID NOL41-44-29), (for short 'schedule property') in all measuring 43,560 Sq.ft., feet by - 4 - HC-KAR NC: 2026:KHC:23254 WP No. 10396 of 2026 virtue of a registered sale deed dated 05.02.2014 and has been in lawful enjoyment of the same. It is the case of the petitioner that temporary structures were put up in the property and electricity connection was obtained, for which the petitioner has been paying regular electricity charges. It is stated that respondent No.3 (BBMP) issued a provisional order dated 17.09.2024 under Sections 248 (1) and 248 (2) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act') followed by a confirmation order dated 14.10.2024 under Section 248(3), alleging unauthorized construction. It is submitted that the petitioner has preferred Appeal No.11/2026 and the same is pending consideration. It is stated that in W.P.No.5014/2026, this Court has relegated the petitioner to the appellate authority and restrained the authority from taking any coercive action against the petitioner, till an appropriate decision is taken by the Appellate Authority. - 5 - HC-KAR NC: 2026:KHC:23254 WP No. 10396 of 2026 3. Learned counsel for the petitioner submits that the appeal No.11/2026 is pending adjudication and W.P.No.5014/2026, this Court has protected the petitioner, directing the respondents (GBA) from taking any coercive steps till the appropriate decision is taken by the authority. The order in W.P.No.5014/2026 is produced along with the memo. 4. Per contra, learned counsel for respondent Nos.1 and 2 submits that in view of the order passed by this Court in W.P.No.5014/2026, the petitioner has already been relegated to the appellate authority in Appeal No.11/2026 is pending adjudication. The impugned notice issued by respondent No.2 be made subject to the final outcome of the proceedings before the Appellate authority. 5. The said submission is recorded. 6. In view of the submission made by the learned counsel on both sides and taking note of the order passed in W.P.No.5014/2026, wherein the petitioner has been - 6 - HC-KAR NC: 2026:KHC:23254 WP No. 10396 of 2026 relegated to the appellate authority and the respondents are restrained from taking coercive steps till an appropriate decision is taken by the appellate authority. In view of the said order, the Appeal No.11/2026 being pending consideration, this Court is of the opinion that the impugned order dated 17.02.2026 is unsustainable. Accordingly, this Court pass the following: ORDER i. The Writ Petition is allowed. ii. The impugned order dated 17.02.2026 (Annexure-A) is hereby quashed. iii. Respondent No.2 is at liberty to take appropriate action, pursuant to the decision taken by the appellate authority in Appeal No.11/2026. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM/List No.: 1 Sl No.: 25