Mrs Faizya Farook Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Mrs Faizya Farook Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No substantive directions issued. The writ petition was disposed of taking note of subsequent developments (diesel generator removed; lift usage stopped with undertaking, confirmed by inspection report dated 20.08.2025). The complainant was given liberty to approach appropriate authorities; I.A.no.1/2022 for impleading was rendered unnecessary.

Issue for consideration

Whether the notices dated 20.01.2021 (Annexure-A) and 26.10.2021 (Annexure-C) issued by respondent no.3 are ultra vires and without jurisdiction and should be quashed. +3 more

Ratio / Principle

The petitioner's grievance against the impugned notices stood discharged: she had herself removed the diesel generator altogether from the building and stopped usage of the lift with an undertaking not to use it, and the inspection report filed by respondent no.3 affirmed that position.

Key takeaways

Since no purpose would be served by keeping the writ petition pending, the Court, taking note of the subsequent developments, disposed of the writ petition without adjudicating the vires of the notices.ratio¶46
The impleading applicant/complainant was left at liberty to approach the appropriate authorities for redressal of any remaining grievance.ratio¶47
In view of the disposal of the writ petition, I.A.no.1/2022 filed for impleading was rendered unnecessary.ratio

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Ravi V Hosmani J.), WP No. 22779 of 2021 (GM-KEB), decided 03.09.2025 — Owner of a multi-floor commercial complex (M/s. Karim Complex) challenged notices dated 20.01.2021 (Annexure-A) and 26.10.2021 (Annexure-C) of respondent no.3 (Deputy Electrical Inspector) arising out of a 10.12.2020 inspection, which found an old lift in dangerous condition installed without requisite approvals and a diesel generator on the terrace floor for a mobile tower, and sought quashing of the notices as ultra vires, consideration of her representation dated 28.10.2021, one year's time for lift installation, and restraint on power disconnection by BESCOM. The Court did not adjudicate vires: during pendency the petitioner removed the diesel generator and undertook not to use the lift, a position confirmed by the Electrical Inspectorate's inspection report dated 20.08.2025, leaving no purpose in continuing the proceedings. The writ petition was disposed of accordingly; I.A.no.1/2022 for impleading the complainant was rendered unnecessary, and the complainant was left free to pursue remedies before appropriate authorities.

Procedural history

How this case reached the court

AI extract

Order under challenge
Two notices — Annexure-A dated 20.01.2021 and Annexure-C dated 26.10.2021 — issued by respondent no.3 intimating unauthorised installation/usage of the lift and objecting to installation of a diesel generator on the terrace floor of the petitioner's building.¶28
Respondent No.3 — Deputy Electrical Inspector, Bengaluru Additional West (Electrical Inspectorate) · 20.01.2021 and 26.10.2021
Prior proceeding
On a complaint, the petitioner's building was inspected on 10.12.2020; the notice dated 20.01.2021 recorded an old lift and a diesel generator installed on the terrace floor for a mobile tower, with the lift allegedly in dangerous condition and installed without approval.¶29
Prior proceeding
By the notice, the petitioner was directed to either shift the diesel generator to ground floor or first floor and to obtain approval for the lift under the relevant Rules.¶32
Prior proceeding
After receipt of the notice, the petitioner submitted a reply on 28.10.2021.¶33
Prior proceeding
Thereafter respondent no.3 issued a communication to respondent no.4 (BESCOM) for disconnection of power supply, marking a copy to the petitioner; this action was questioned before this Court.¶33
Prior proceeding
During pendency of the writ petition, the petitioner removed the diesel generator from the building and stopped usage of the lift, occupancy being very low.¶33
Prior proceeding
An affidavit recording the removal of the diesel generator and stoppage of lift usage was filed on 22.08.2025, on which basis learned counsel sought disposal of the writ petition noting subsequent developments.¶33
Prior proceeding
On 27.08.2025, respondents were directed to verify (completion of the sentence, 'verify.', appears at the commencement of the next paragraph).¶34
Prior proceeding
Learned AGA filed an inspection report dated 20.08.2025 which confirmed the assertions made by the petitioner in her affidavit.¶37
Prior proceeding
The complainant/impleading applicant secured time and filed a counter affidavit and objections to the inspection report, contending inter alia that the petitioner occupied only the basement floor and that the lift might be used by the business on the second floor.¶40