Petitioner challenged a Section 248(1) BBMP Act provisional order, a Section 248(3) confirmation order and a BESCOM disconnection notice issued despite his pending statutory appeal under Section 253. The Court held the disconnection notice premature and arbitrary and kept it in abeyance until disposal of the appeal.
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NC: 2025:KHC:28651 WP No. 22362 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.22362 OF 2025 (LB-BMP)
BETWEEN:
SRI.BATTAR SETTY SRINIVASULU (SENIOR CITIZEN NOT CLAIMED) AGED ABOUT 73 YEARS S/O LATE SRI B RAMASWAMY PERMANENTLY R/AT NO.6/601-11B SANKARAPURAM KADAPA POST AND DISTRICT ANDHRA PRADESH-561002
…PETITIONER
(BY MS.YASHASWINI S, SENIOR ADVOCATE FOR
SRI.AKASH V.T, ADVOCATE)
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
AND:
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…RESPONDENTS
(BY SRI.PAWAN KUMAR, ADVOCATE FOR R.1 AND R.2; SMT.ANUSHA PRASAD, ADVOCATE FOR R.3 AND R.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PROVISIONAL ORDER DATED 30.12.2023 UNDER SECTION 248(1) OF BBMP ACT, 2020 BEARING NO. BBMP/A.E.E/H.S.D/P.O/374/ 2023-24 PASSED BY THE R2 AT ANNEXURE -A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This writ petition is filed assailing the provisional orders dated 30.12.2023 issued by respondent No.2 as per Annexures-A and B and the Confirmation Order dated
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31.01.2024 issued by respondent No.2 as per Annexure-C
as well as the impugned communication dated 14.07.2025 issued by respondent No.4 as per Annexure-D indicating that the power connection would be disconnected within seven days.
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sub judice before the Appellate Authority reflects a
disregard for due process and unnecessarily contributes to avoidable litigation.
ORDER
(i) The writ petition is partly allowed.
(ii) The impugned notice dated 14.07.2025 issued by respondent No.4 vide Annexure-D, is hereby kept in abeyance until final disposal of the appeal pending
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before the Appellate Authority under Section 253 of the BBMP Act, 2020.
(iii) It is made clear that respondent No.4 shall not take any coercive action against the petitioner pursuant to the said notice during the pendency of the appeal.
Sd/(SACHIN SHANKAR MAGADUM) JUDGE
List No.: 1 Sl No.: 13
NBM
1 issue framed by the court
Whether BESCOM could issue a power disconnection notice while an appeal under Section 253 of the BBMP Act against the Section 248 confirmation order was pending.
4 provisions across 2 enactments
Sri. Battar Setty Srinivasulu
The Chief Commissioner, Bruhath Bengaluru Mahanagara Palike
Assistant Executive Engineer, Hoodi Sub Division, BBMP
M/s Bengaluru Electricity Supply Co., Ltd.
Assistant Executive Engineer, East-12 Sub Division, BESCOM
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
