Allowed

Smt C a Shantha v. Bengaluru Electricity Supply Company Ltd.

Karnataka HC21 Mar 2024WP/881/2024

Case brief

AI extract

What is this about?

Writ petitions challenging notices by BESCOM for disconnection of temporary electricity connections due to alleged unauthorized construction. The Court allowed the petitions, holding that disconnection cannot be enforced while the legality of the layout is pending adjudication in another writ petition, but permitted applicants to seek permanent connections.

What did the court decide?

Notice for disconnection set aside; petitioners at liberty to apply for permanent power supply subject to final outcome of WP No.22050/2023.

Smt C a Shantha Vs Bengaluru Electricity Supply… — Service and Employment | Karnataka HC (2024)

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1 - NC: 2024:KHC:11805 WP No. 881 of 2024 C/W WP No. 913 of 2024 WP No. 963 of 2024 WP No. 997 of 2024 WP No. 1068 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 881 OF 2024 (GM-KEB) C/W

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WRIT PETITION NO. 913 OF 2024 (GM-KEB) WRIT PETITION NO. 963 OF 2024 (GM-KEB) WRIT PETITION NO. 997 OF 2024 (GM-KEB) WRIT PETITION NO. 1068 OF 2024 (GM-KEB)

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IN WRIT PETITION NO. 881 OF 2024:

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BETWEEN:

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SMT C A SHANTHA W/O SRI. BYREGOWDA G, AGED ABOUT 46 YEARS, NO.191, SHANTHILAL LAYOUT, SEEGEHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU-560 112.

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…PETITIONER

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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(BY SRI. NATARAJU T, ADVOCATE)

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AND:

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BENGALURU ELECTRICITY SUPPLY COMPANY LTD CORPORATE OFFICE, K.R.CIRCLE, NRUPATHUNGA ROAD, BENGALURU-560 001, BY ITS MANAGING DIRECTOR.

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THE ASSISTANT EXECUTIVE ENGINEER (E) KENGERI 4^TH SUB DIVISION, KENGERI, R.R.LAYOUT, BESCOM, BENGALURU-560 056.

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THE ASSISTANT EXECUTIVE ENGINEER (E) K-4, SUB DIVISION, BESCOM,

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2 - NC: 2024:KHC:11805 WP No. 881 of 2024 C/W WP No. 913 of 2024 WP No. 963 of 2024 WP No. 997 of 2024 WP No. 1068 of 2024

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R.R.LAYOUT, NAGADEVANAHALLI, BENGALURU-560 056.

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…RESPONDENTS

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(BY SRI. NARASIMHA RAJESH K S, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 08/09/2023 IN NO. SAKAANIE(V)K4/SA.A(THA)/F-58/22-23/3218-19 ISSUED BY THE R3, VIDE ANNEXURE-H AND ETC.

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IN WRIT PETITION NO. 913 OF 2024:

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BETWEEN:

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SRI DHANANJAYA G N S/O SRI NINGAPPA, AGED ABOUT 45 YEARS, NO.192, SHANTHILAL LAYOUT, SEEGEHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU-560 112.

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…PETITIONER

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(BY SRI. NATARAJU T, ADVOCATE)

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AND:

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BENGALURU ELECTRICITY SUPPLY COMPANY LTD CORPORATE OFFICE, K R CIRCLE, NRUPATHUNGA ROAD, BENGALURU-560 001 BY ITS MANAGING DIRECTOR.

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THE ASSISTANT EXECUTIVE ENGINEER (E) KENGERI, 4TH SUB DIVISION, KENGERI, R R LAYOUT, BESCOM BENGALURU-560 056.

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THE ASSISTANT EXECUTIVE ENGINEER (E) K-4 SUB DIVISION, BESCOM, R R LAYOUT, NAGADEVANAHALLI BENGALURU-560 056.

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…RESPONDENTS (BY SRI. NARASIMHA RAJESH K S, ADVOCATE FOR R1 TO R3)

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3 - NC: 2024:KHC:11805 WP No. 881 of 2024 C/W WP No. 913 of 2024 WP No. 963 of 2024 WP No. 997 of 2024 WP No. 1068 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 29/09/2023 IN NO. SAKAANIE(V)K4/SA.A(THA)/F-58/22-23/3696-97 ISSUED BY THE R3, VIDE ANNEXURE-K AND ETC.

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IN WRIT PETITION NO. 963 OF 2024:

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BETWEEN:

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SRI M L SATISH S/O LATE M R LINGAPPA, AGED ABOUT 53 YEARS, NO 206, SHANTHILAL LAYOUT, SEEGEHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU 560 112.

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…PETITIONER

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(BY SRI. NATARAJU T, ADVOCATE)

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AND:

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BENGALURU ELECTRICITY SUPPLY COMPANY LTD CORPORATE OFFICE, K R CIRCLE, NRUPATHUNGA ROAD, BENGALURU 560 001, BY ITS MANAGING DIRECTOR.

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THE ASSISTANT EXECUTIVE ENGINEER (E) KENGERI, 4TH SUB DIVISION, KENGERI, R R LAYOUT, BESCOM, BENGALURU 560 056.

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THE ASSISTANT EXECUTIVE ENGINEER (E) K-4 SUB DIVISION, BESCOM, R R LAYOUT, NAGADEVANAHALLI, BENGALURU 560 056.

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…RESPONDENTS

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(BY SMT. M S THARANGINI, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 08/09/2023 IN NO. SAKAANIE(V)K4/SA.A(THA)/F-58/22-23/3214-15 ISSUED BY THE R3, VIDE ANNEXURE-K AND ETC.

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NC: 2024:KHC:11805 WP No. 881 of 2024 C/W WP No. 913 of 2024 WP No. 963 of 2024 WP No. 997 of 2024 WP No. 1068 of 2024

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IN WRIT PETITION NO. 997 OF 2024:

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BETWEEN:

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SRI K L RAJU S/O LATE K N KENCHAIAH, AGED ABOUT 46 YEARS, NO. 202, SHANTHILAL LAYOUT, SEEGEHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU 560 112.

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…PETITIONER

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(BY SRI. NATARAJU T, ADVOCATE)

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AND:

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BENGALURU ELECTRICITY SUPPLY COMPANY LTD CORPORATE OFFICE, K R CIRCLE, NRUPATHUNGA ROAD, BENGALURU 560 001 BY ITS MANAGING DIRECTOR.

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THE ASSISTANT EXECUTIVE ENGINEER (E) KENGERI, 4TH SUB DIVISION, KENGERI, R R LAYOUT, BESCOM, BENGALURU 560 056.

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THE ASSISTANT EXECUTIVE ENGINEER (E) K-4 SUB DIVISION, BESCOM, R R LAYOUT, NAGADEVANAHALLI, BENGALURU 560 056.

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…RESPONDENTS

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(BY SMT. THARANGINI M S, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 08/09/2023 IN NO. SAKAANIE(V)K4/SA.A(THA)/F-58/22-23/3216-17 ISSUED BY THE R3, VIDE ANNEXURE-H AND ETC.

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IN WRIT PETITION NO. 1068 OF 2024:

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BETWEEN:

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SRI. MOHANKUMAR U S/O N UMASHANKAR,

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5 - NC: 2024:KHC:11805 WP No. 881 of 2024 C/W WP No. 913 of 2024 WP No. 963 of 2024 WP No. 997 of 2024 WP No. 1068 of 2024

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AGED ABOUT 26 YEARS, NO.847, SHANTHILAL LAYOUT, SEEGEHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU-560 112.

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…PETITIONER

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(BY SRI. NATARAJU T, ADVOCATE)

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AND:

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BENGALURU ELECTRICITY SUPPLY COMPANY LTD CORPORATE OFFICE, K.R.CIRCLE, NRUPATHUNGA ROAD, BENGALURU-560 001, BY ITS MANAGING DIRECTOR.

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THE ASSISTANT EXECUTIVE ENGINEER (E) KENGERI, 4^TH SUB DIVISION, KENGERI, R.R.LAYOUT, BESCOM, BENGALURU-560 056.

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THE ASSISTANT EXECUTIVE ENGINEER (E) K-4, SUB DIVISION, BESCOM, R.R.LAYOUT, NAGADEVANAHALLI, BENGALURU-560 056.

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…RESPONDENTS

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(BY SRI. NARASIMHA RAJESH K S, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 08.09.2023 IN NO.SAKAANIE(V)K4/SA.A(THA)/F-58/22-23/3212-13 ISSUED BY THE R3 VIDE ANENXURE-J AND ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners in these writ petitions assert that they purchased the sites cared out of Sy.Nos.52, 53, 56, 57, 58 and 59, House List No.191, Katha No.42, situated at Seegehalli village, Yeshwanthpura Hobli, Bangalore North Taluk, through a registered

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NC: 2024:KHC:11805 WP No. 881 of 2024 C/W WP No. 913 of 2024 WP No. 963 of 2024 WP No. 997 of 2024 WP No. 1068 of 2024

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sale deed, and in pursuance of the same, their names were mutated in the revenue records concerned. They further assert that they obtained temporary electricity connection from the respondent No.3 - BESCOM in order to construct residential houses on their respective sites.

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The Bangalore Development Authority issued show cause notices to the vendors of the petitioners as to why action should not be taken for forming unauthorized layout in contravention the provisions of the Karnataka Town and Country Planning Act, and the Bangalore Development Authority Act. The show cause notices issued were challenged by the petitioners' vendors in WP No.22050/2023, and this Court vide order dated 4.10.2023 directed the Authorities not to take any coercive steps, and in the meanwhile, the Bangalore Development Authority, and the Tahsildar called upon the respondent - BESCOM to disconnect the temporary connection sanctioned to the owners of the sites including the petitioners herein.

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The respondent No.3 in turn issued notices to the petitioners calling upon the petitioners to obtain no objection certificate from the Bangalore Development Authority, failing which, the power supply will be disconnected. The dispute as to whether the petitioners have put up construction unauthorizedly in the layout, is seized before this Court in WP No.22050/2023, and there is an interim order operating directing the Bangalore Development Authority as well as the Tahsildar not to take any precipitative

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NC: 2024:KHC:11805 WP No. 881 of 2024 C/W WP No. 913 of 2024 WP No. 963 of 2024 WP No. 997 of 2024 WP No. 1068 of 2024

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action. Such being the case, the impugned notices issued to the petitioners by the respondent No.3 cannot be given effect to, and the respondent No.3 is at liberty to take appropriate action subject to final outcome of WP No.22050/2023. Accordingly, I pass the following:

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ORDER

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i) The petitions stand allowed.

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ii) The petitioners are at liberty to submit applications in prescribed form with the respondent No.3 for sanction of permanent power supply along with requisite fee, and if such applications are submitted, the respondent No.3 - BESCOM to consider the same, and pass appropriate order in accordance with law.

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iv) This order is subject to outcome of the final outcome of the pending writ petition in WP No.22050/2023.

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Sd/JUDGE

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BKM

Smt C a Shantha v. Bengaluru Electricity Supply Company Ltd.

Case brief

What is this about?

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Smt C a Shantha v. Bengaluru Electricity Supply Company Ltd.

Case brief

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