Sri Mohan Prasad K C Vs the Assistant Executive Entginer (Ele)

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NC: 2025:KHC:34924 WP No. 25314 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 25314 OF 2025 (GM-KEB)

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BETWEEN:

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SRI MOHAN PRASAD K C., S/O SRI CHANDRASHEKARAIAH, AGED ABOUT 41 YEARS, R/AT NO.547, 4^TH CROSS, 7^TH MAIN ROAD, SANJEEVINI HOSPITAL ROAD, MAHALAKSHMI LAYOUT, MAHALAKSHMIPURAM, BENGALURU - 560 086.

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…PETITIONER

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[BY SRI LAKSHMIKANTH K ADV. FOR SRI SOMASHEKAR N., ADVOCATE (PH)]

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AND:

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Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka

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THE ASSISTANT EXECUTIVE ENTGINER (ELE), BANGALOLRE ELECTRICTY SUPPLY CO LTD, KURUBARAHALLI, BENGALURU - 560 086.

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THE ASSISTANT EXECUTIVE ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, WARD NO.68, MAHALAKSHMIPURAM WARD, MAHALAKSHMIPURAM CONSTITUENCY, BENGALURU - 560 086.

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…RESPONDENTS

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[BY SRI H.V.DEVARAJU, ADVOCATE FOR R1 (PH); SRI PAWAN KUMAR, ADVOCATE FOR R2 (PH)]

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2 - NC: 2025:KHC:34924 WP No. 25314 of 2025

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HC-KAR

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE NOTICE DATED 02.07.2025 ISSUED BY THE RESPONDENT NO.1 BEARING NO.2025-26/942 AT ANNEXURE E, B) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ENDORSEMENT DATED 31.07.2025 ISSUED BY THE RESPONDENT NO.2 ATANNEXURE H. C) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 31.07.2025 AT ANNEXURE - F. D) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 29.07.2025 AT ANNEXURE -G.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING ON B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL ORDER

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Challenging notice dated 02.07.2025 issued by respondent no.1, at Annexure-E and endorsement dated 31.07.2025 issued by respondent no.2 at Annexure-H and seeking for writ of mandamus directing respondent no.1 to consider petitioner's representations dated 31.07.2025 at Annexure - F and Annexure-G dated 29.07.2025 by respondent no.2 this writ petition is filed.

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Sri Lakshmikantha K, learned counsel appearing for Somashekar, learned Advocate, for petitioner submitted

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3 - NC: 2025:KHC:34924 WP No. 25314 of 2025

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HC-KAR

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petitioner was owner of property bearing no.28, Old no.547, PID no.10-25-28, situated at 4^th cross Mahalakshmi Layout Extension, BBMP Ward no.68, Old no.10, having purchased it under registered sale deed dated 16.11.2023 at Annexure-A. Thereafter, petitioner obtained sanction plan and building licence from respondent no.2-Bruhat Bengaluru Mahanagara Palike (BBMP) as per Annexures-B and B.1. For purposes of putting up construction, petitioner obtained power supply sanctioned from respondent no.1 through RR no.70TP16696 as per Annexure-C. It was submitted while petitioner was in process of construction, respondent no.2 had issued notice under Section 248(1) of Bruhat Bengaluru Mahanagara Palike Act, 2020 (BBMP Act), as per Annexure-D and alleging that construction being put up by petitioner was in violation of sanction plan, directed him to demolish deviations. Notice under Section 248(2) of BBMP Act, was also issued on 02.06.2025. Even before petitioner could show-cause against said order, respondent no.1 issued notice dated 02.02.2025 at Annexure-E for disconnection of power supply on ground that BBMP had intimated construction put up by petitioner was in violation of building plan.

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NC: 2025:KHC:34924 WP No. 25314 of 2025

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HC-KAR

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It was submitted, petitioner had submitted reply as

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per Annexure-F dated 31.07.2025 and he had also filed reply to BBMP as per Annexure-G dated 29.07.2025. Such being case, petitioner had informed BBMP about his intention to voluntarily remove deviation and render building compliant. Without consideration, endorsement dated 01.07.2025 at Annexure-H was issued and power supply was disrupted. It was submitted, even in order to remove deviation, there was need for power supply and therefore sought indulgence of this Court.

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On noticing said submissions, petitioner was directed to file an affidavit stating timeline within which he would complete demolition and utilize power supply only for said purpose and not to proceed with any further construction. In compliance, petitioner has today filed affidavit undertaking to utilise power supply restored only to remove deviation within 15 days from date of restoration and not put up any further construction rendering his building compliant.

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In view of above, instead of retaining writ petition,

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it would be appropriate to dispose it of by directing respondent

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5 - NC: 2025:KHC:34924 WP No. 25314 of 2025

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HC-KAR

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no.1 to restore power supply (on payment of advance consumption charges as applicable for a period of 15 days) and direct petitioner to utilize same to remove deviation and render building compliant as per sanction plan and subjecting said building for inspection by respondent no.2 to verify compliance

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and issue intimation to respondent no.1.

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In case, deviations are removed, respondent no.1 to continue temporary power supply for purposes of completion of construction subject to further verifications as per deviations in para no.21 of decision in Rajendra Kumar Barjatya &

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Anr. v. U.P.Avas Evam Vikas Parishad & Ors. reported in (2024) SCC OnLine SC 3767 .

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With above observations/directions writ petition is

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disposed of.

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Sd/(RAVI V HOSMANI) JUDGE

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Psg*: List No.: 1 Sl No.: 56

Sri Mohan Prasad K C v. the Assistant Executive Entginer (Ele)

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Sri Mohan Prasad K C v. the Assistant Executive Entginer (Ele)

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