Writ Petition No. 4619 of 2021 · The High Court
Case Details
- 1 - NC: 2025:KHC:6583 WP No. 4619 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 4619 OF 2021 (GM-KEB) BETWEEN: 1. SMT GEETHA AGARWAL, W/O LATE RAVINDER KUMAR AGGARWAL, AGED ABOUT 65 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
Legal Reasoning
2. SRI RANJAN AGGARWAL, S/O LATE RAVINDER KUMAR AGGARWAL, AGED ABOUT 45 YEARS, 3. SMT RESHMA AGGARWAL, D/O LATE RAVINDER KUMAR AGGARWAL, AGED ABOUT 43 YEARS. 4. SMT PRITI GUPTA, D/O LATE RAVINDER KUMAR AGGARWAL, AGED ABOUT 41 YEARS. 5. SRI GAUTAM AGGRWAL, S/O LATE RAVINDER KUMAR AGGARWAL, AGED ABOUT 41 YEARS ALL ARE RESIDENTS OF NO 504 AND 507, SILVER OAKS VITTAL MALLYA ROAD, BENGALURU-560001, REPRESENTED BY THEIR GPA HOLDER SRI SYED FAYAZ @ H BABU, S/O LATE SYED HUSSAIN, AGED ABOUT 56 YEARS, RESIDING AT NO.FLAT NO.201 1ST FLOOR, KRISTAL VIEW APARTMENT, - 2 - NC: 2025:KHC:6583 WP No. 4619 of 2021 KITTAGANUR MAIN ROAD, NEAR SAMUEL PUBLIC SCHOOL, BENGALURU-560056. (BY SRI SATISH M DODDAMANI, SR. COUNSEL FOR SRI SAGAR B B, ADVOCATE) …PETITIONERS AND: 1. THE MANAGING DIRECTOR, BENGALURU ELECTRICITY SUPPLY, OFFICE OF THE BESCOM, CORPORATE OFFICE, 3RD FLOOR, BLOCK-II, K R CIRCLE, BENGALURU-560001. 2. THE SUPERINTENDENT OF ENGINEER, C O AND M, BESCOM, BENGALURU EAST CIRCLE, BENGALURU -01. 3. SRI SYED TOUFEEQ AHMED, S/O SYED MAHABOOB, AGED ABOUT 41 YEARS, RESIDING AT NO.397, EAST OF NGEF, SADANANDNAGAR, BENGALURU-560038. 4. VEGA BUILDINERS AND DEVELOPERS, PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.FLAT 502, BRUNDAVAN APARTMENT, KAMADENUNAGAR, B - NARAYANAPURA, MAHADEVAPURA, BENGALURU-560016, REPRESENTED BY ITS MANAGING PARTNER. …RESPONDENTS (BY SMT SWAMINI GANESH MOHANAMBAL, ADV. FOR R1 &R2, SRI MAHESH H V, ADV. FOR SRI V ANAND, ADVOCATE FOR R3, R4 SERVED AND UNREPRESENTED) - 3 - NC: 2025:KHC:6583 WP No. 4619 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO TAKE ACTION ON THE COMPLAINT OF THE PETITIONER DTD.29.7.2020 VIDE ANNEXURE-G. DIRECT THE BESCOM AUTHORITIES TO DISCONNECT THE POWER SUPPLY GIVEN TO THE LAND BEARING OLD SY NO.92/2 NEW SY NO.92/5. DIRECT THE BESCOM AUTHORITIES TO DISCONNECT ILLEGAL POWER CONNECTION OBTAINED IN RESPECT OF THE OLD NO.92/2 NEW SY NO.92/3, 92/4 AND 92/5 TOTALLY MEASURING 1 ACRE 31 GUNTAS SITUATED AT VIJINAPURA VILLAGE, BENGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned Senior counsel appearing for the petitioners, the learned counsel appearing for the respondents No.1, 2 and the leaned counsel appearing for respondent No.3. 2. This petition is filed seeking writ of mandamus against respondent No.2 to act on the complaint dated 29.07.2020 marked at Annexure-G. The petitioner also seeks a direction to respondents No.1 and 2 to disconnect the power supply to the property built in land bearing Sy.No.92/2 (old number) 92/5 (new number) at Vijanapura Village, Bangalore. Direction is also sought to disconnect the illegal power supply in respect of the building built in Sy.No.92/2 (old number) 92/3, - 4 - NC: 2025:KHC:6583 WP No. 4619 of 2021 92/4 and 92/5 (new number) measuring 1 acre 31 guntas situated at Vijanapura Village, Bangalore. 3. Learned Senior Counsel appearing for the petitioner would contend that respondents No.3 and 4 have put-up illegal structure without obtaining necessary sanction from Bruhat Bengaluru Mahanagara Palike (for short 'BBMP') and in this regard, proceeding was initiated and BBMP has passed an order on 25.06.2019 holding that the construction is illegal. And the said order also directed respondents No.3 and 4 to demolish the structure. It is stated that the appeal is pending before Karnataka State Administrative Tribunal. However, operation of the said order is not stayed. 4. Learned Senior counsel would further contend that respondents No.3 and 4 who have illegally put-up the structure are not entitled for electricity supply to the said premises as the construction is illegal. In this regard, an application is submitted to respondent No.2 and said application dated 29.07.2020 is not yet considered in accordance with law. Thus, he seeks writ of mandamus to consider the application. - 5 - NC: 2025:KHC:6583 WP No. 4619 of 2021 5. Learned counsel appearing for respondents No.1 and 2 would contend that the application is considered. Pursuant to the said application, spot inspection is made and notice is issued to respondent No.3. It is further submitted by the learned counsel appearing for respondents No.1 and 2 that there are 98 occupants in the said premises and learned counsel would further submit that under the Regulations, the occupants of the building have to be notified before taking action to disconnect electricity supply. It is further stated that action would follow in accordance with law. 6. Learned counsel appearing for respondents No.3 and 4 would submit that portion of the property is sold in the year 2001. However, no document is produced to show that construction is made after obtaining necessary permission from BBMP. 7. Under these circumstances, this Court is of the view that there has to be appropriate direction to respondents No.1 and 2 to act on the complaint dated 29.07.2020 (Annexure-G). It is made clear that in case, the Regulations mandates respondents No.1 and 2 to disconnect the electricity supply - 6 - NC: 2025:KHC:6583 WP No. 4619 of 2021 given to the aforementioned premises, notice will have to be issued to the occupants to the said premises and they have to be heard before passing the order. In case, the Regulations do not mandate any such notice, there is no need to issue notice to the occupants of the premises. 8. Nothing is expressed on the merits of the claim of the parties. All contentions are kept open. 9. The whole exercise shall be completed within two months from the date of receipt of certified copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 44