Disposed¶44

Smt. Yashaswini R v. Bengaluru Electricity Supply Company Limited

Karnataka HC4 Jun 2025WP/7668/2025

Case brief

AI extract

What is this about?

BESCOM refusal of permanent electricity connection to newly constructed house; unauthorised layout dispute; interim order in W.P.No.22050/2023; consideration of application for permanent power supply subject to result of W.P.No.22050/2023; certiorari and mandamus under Articles 226 and 227; Karnataka Town and Country Planning Act; Bangalore Development Authority Act; Single Judge (Jyoti Mulimani); writ petition disposed of.

What did the court decide?

Impugned letter dated 21.11.2024 not to be given effect to; second respondent directed to consider the petitioner's application for permanent power supply in accordance with law, any sanction being subject to the result of W.P.No.22050/2023. ¶44

Smt. Yashaswini R Vs Bengaluru Electricity Supply… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the letter/communication dated 21.11.2024 issued by the second respondent refusing permanent electricity connection to the petitioner's newly constructed house in Site No.306 is liable to be quashed (certiorari). +1 more

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Court's answer

Since the dispute whether the petitioner has put up construction in the unauthorised layout is seized before this Court in W.P.No.22050/2023 with an interim order operating, the impugned order/letter issued by the second respondent cannot be given effect to; the second respondent is at liberty to take appropriate action subject to the result of W.P.No.22050/2023.

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Ratio / Principle

On the submission that an application for sanction of permanent power supply stands submitted, the second respondent is directed to consider the application in accordance with law; any permanent power connection sanctioned would be subject to the result of W.P.No.22050/2023.

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Detailed headnote1 paragraphs

Writ Petition (GM-KEB) under Articles 226 and 227 of the Constitution of India, decided by a Single Judge (Hon'ble Ms. Justice Jyoti Mulimani) on 04.06.2025. The petitioner, owner of Site No.306 (Seegehalli Village, Yeswanthpur Hobli, Bengaluru) purchased under registered Sale Deed dated 25.08.2022, sought quashing of a letter dated 21.11.2024 issued by the second respondent (Assistant Executive Engineer, K-4 Sub-Division, BESCOM) refusing permanent electricity connection to her newly constructed house, and a mandamus to sanction permanent power supply. Noting that the question whether the construction is in an unauthorised layout was seized of in W.P.No.22050/2023 (filed by the petitioner's vendors against show cause notices under the Karnataka Town and Country Planning Act and the Bangalore Development Authority Act), wherein an interim order dated 04.10.2023 restrained coercive/precipitate action by the authorities, the Court held that the impugned letter cannot be given effect to and left the second respondent at liberty to take appropriate action subject to the result of W.P.No.22050/2023. On the joint submission that an application for permanent power supply had been submitted, the second respondent was directed to consider it in accordance with law, any sanction being subject to the result of W.P.No.22050/2023. Writ Petition disposed of.

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NC: 2025:KHC:18778 WP No. 7668 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 JUNE, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 7668 OF 2025 (GM-KEB)

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BETWEEN:

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SMT. YASHASWINI.R W/O KARTHIKESAN.K.RAJENDRAN, AGED ABOUT 29 YEARS, R/AT NO. 321, 15^TH CROSS, PIPE LINE ROAD, MUTHURAYASWAMY LAYOUT, SUNKADAKATTE, VISHWANEEDAM, BENGALURU-560 091.

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…PETITIONER

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(BY SRI. ABHIJITH.M.M., ADVOCATE)

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AND:

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Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

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

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THE ASSISTANT EXECUTIVE ENGINEER, K-4 SUB-DIVISION, B.S.C.O.M, R.R. LAYOUT, NAGADEVANAHALLI, BENGALURU-560 056.

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…RESPONDENTS

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(BY SRI. ASHOK PATIL., ADVOCATE FOR SMT. PADMA.S.UTTUR., ADVOCATE)

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2 - NC: 2025:KHC:18778 WP No. 7668 of 2025

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Abhijith.M.M., counsel for the petitioner and Sri.Ashok Patil., counsel on behalf of Smt.Padma S.Uttur., for the respondents have appeared in person.

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The captioned Writ Petition is filed seeking following reliefs:

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I. Writ of Certiorari or any other Writ or order or direction by quashing the letter (communication) forwarded by the second respondent to the petitioner on 21.11.2024 and not to operation of further proceedings as per Annexure-F1 in respect of petitioner's house constructed in Site No.306.

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II. Issue a Writ of Mandamus or issue direction to the second respondent to consider the representation filed by the petitioner as per Annexure-F and sanction of permanent power supply to the petitioner's newly constructed house in Site No.306 formed out of assessment No.52, 53, 56, 57, 58 and 59, village panchayath katha No.old

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NC: 2025:KHC:18778 WP No. 7668 of 2025

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HC-KAR

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42, house list No.306, situated at Seegehalli Village, Yashawanthpura Hobli, Bengaluru North Taluk.

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Heard the arguments and perused the Writ papers

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with utmost care.

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The petitioner acquired the property bearing Site No.306 in layout formed out of assessment Nos.52, 53, 56, 57, 58 and 59, Village Panchayat Katha No.Old 42, House list No.306 situated at Seegehalli Village, Yeswanthpur Hobli, Bengaluru through registered Sale Deed dated 25.08.2022. Pursuant to the Sale Deed, the petitioner's name has been entered in the revenue records and the petitioner obtained license and approved sanction plan to construct the house in her site by obtaining temporary power connection. After the construction, the petitioner sought sanction of permanent power connection for her house in Site No.306. The second respondent issued a letter stating that the permanent electricity connection cannot be granted to the newly constructed house situated at Sy.Nos.52, 53, 56, 57, 58 and 59.

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NC: 2025:KHC:18778 WP No. 7668 of 2025

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HC-KAR

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Counsel for the respective parties brought to the notice of the Court that the petitioner's vendors were issued with a show cause notice stating that they have formed unauthorized layout in contravention of provisions of Karnataka Town and Country Planning Act and Bangalore Development Authority Act, challenging the show cause notices, the petitioner's vendors approached this Court in W.P.No.22050/2023 and this Court vide order dated 04.10.2023 directed the authorities not to take any coercive steps.

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The dispute as to whether the petitioner has put up construction in the unauthorized layout is seized before this Court in W.P.No.22050/2023 and there is a interim order operating, directing the BDA as well as the Tahsildar not to take any precipitate action. Such being the case, the impugned order issued to the petitioner by the second respondent cannot be given effect to and the second respondent is at a liberty to take appropriate action subject to the result of W.P.No.22050/2023.

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5 - NC: 2025:KHC:18778 WP No. 7668 of 2025

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HC-KAR

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Lastly, counsel Sri.Abhijith.M.M., submits that an

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application for sanction of permanent power supply has been submitted to the authority concerned. Counsel therefore, submits that an appropriate order may be passed.

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Counsel for the respondents submits that an appropriate order may be passed.

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Taking note of the submission that an application for sanction of permanent power supply has been submitted by the petitioner, the second respondent is hereby directed to consider the application submitted by the petitioner in accordance with the law. In case, the permanent power connection is sanctioned to the petitioner, the same would be subject to the result of W.P.No.22050/2023.

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Resultantly, the Writ Petition is disposed of .

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Sd/(JYOTI MULIMANI) JUDGE

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TKN List No.: 1 Sl No.: 70

Smt. Yashaswini R v. Bengaluru Electricity Supply Company Limited

Case brief

What is this about?

What did the court decide?

Smt. Yashaswini R v. Bengaluru Electricity Supply Company Limited

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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