Mr. Raghavendra K Vs the Assistant Executive Engineer (Elec)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WRIT PETITION WITH COSTS; DIRECTING THE 1^ST RESPONDENT TO RESTORE ELECTRICITY SUPPLY TO THE SCHEDULE PROPERTY BY TAKING SUPPORT TO THE POLICE IN CASE OF ANY OBSTRUCTION

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NC: 2026:KHC:13556 WP No. 5387 of 2026

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BY THE 2^ND RESPONDENT OR HIS HENCHMEN SERVANTS ETC., AT ANNEXURE-D DATED 12.01.2026; COST OF THE PETITION.

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioner has approached this Court seeking a writ of mandamus directing respondent No.1-BESCOM Authorities to restore electricity supply to the shop premises bearing No.141, Ground Floor, M.M. Road, Frazer Town, Bengaluru-560005, by implementing the endorsement dated 12.01.2026 issued by the Assistant Executive Engineer and to provide police assistance in the event of obstruction by respondent No.2.

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Brief facts:

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The petitioner claims to be a tenant in respect of the shop premises bearing No.141, Ground Floor, situated at M. M. Road, Frazer Town, Bengaluru-560 005, where he is carrying on business in the name and style of “Hebbar Condiments”. The electricity meter supplying

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power to the said shop is installed inside the building premises. According to the petitioner, the electricity meter became unfunctional and therefore, he submitted a representation dated 12.01.2026 to respondent No.1 seeking restoration of electricity supply.

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Upon inspection of the premises, the Assistant Executive Engineer issued an endorsement directing the field officials to restore power supply upto the meter of the complainant. However, it is the grievance of the petitioner that respondent No.2, who claims to be the owner of the property has instituted a suit for ejectment against the petitioner in OS No.7445/2024 before the Additional City Civil Court, Bengaluru, and he is obstructing the officials of BESCOM from accessing the meter and restoring electricity supply. Hence, the petitioner has approached this Court.

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Learned counsel appearing for the petitioner

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submits that the petitioner is in lawful possession of the shop premises as a tenant and he is carrying on business

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therein. It is contended that the electricity supply is an essential service for carrying on the business activities and the petitioner cannot be deprived of such utility. It is further submitted that the petitioner submitted representation to the BESCOM on 12.01.2026 and upon inspection, the Assistant Executive Engineer had already directed the restoration of power supply. However, the said direction has not been implemented, due to obstruction caused by respondent No.2.

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Per contra, learned counsel appearing for respondent No.2 submits that respondent No.2 is the owner of the property and has already instituted a suit for ejectment against the petitioner in OS No.7445/2024 seeking eviction and recovery of possession and another suit in OS No.6518/2024 seeking injunction restraining the petitioner from sub-letting the property to the third parties. It is contended that the tenancy of the petitioner has already been terminated and therefore, the petitioner is not entitled to an equitable relief. It is also submitted

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that the petitioner does not possess a valid licence to run the business and that respondent No.2 has not obstructed the supply of electricity to the premises.

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Learned counsel appearing for respondent No.1 has placed on record the affidavit of the Assistant Executive Engineer, BESCOM and at Para Nos.3, 4, 5 and 6, it is stated as under:

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“3. I submit that, the 2^nd Respondent availed the Power Supply of 7 Installations; out of which 6 Installations domestic purpose and one Installation bearing R.R. No.1ELC69182 was serviced under LT3 Tariff for Commercial purpose, the Sanction Load of 2 KW, the consumption of the said installation has been paying regularly and however, for the month of February 2026 Consumption was not recorded in the Meter and Bill has been issued claiming fixed charges of Rs.430/- the due date of the said amount on 23/02/2026 and however, the same has not been paid by the consumer. A copy of Bill in the month of February 2026 is produced herewith and marked as ANNEXURE – R1.

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4. I submit that, I have received the Complaint on 12/01/2026 from the Petitioner with a request to rectify the Power Supply to his shop and on the same day I have instructed to the Assistant Engineer/Junior Engineer to restore the Power Supply upto the Meter Point of the Complainant and on the same day Assistant Engineer visited the spot and reported me that, there was no Power Supply disconnected upto the meter point.

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5. I submit that, as per the instructions of the Advocate, I have visited the installation on 04/03/2026 at around 5 pm and I have verified the meter of the aforesaid installation and the meter is in good condition which showing display and same has been taken two Photographs which are produced herewith and marked as ANNEXURES R2 and R3 respectively.

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6. I submit that, at the time of inspection MCB Switch (Miniature Circuit Breaker) is in off condition and when I have switch on the MCB and however, there was no Power Supply to the Shop and thereby, it may be a problem after the MCB Switch from the load side upto the shop and it is the consumer to get it rectify the same which is within the premises. I submit that, the Officers of the BESCOM have not disconnected the Power Supply of

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Installation bearing R.R. No.1ELC69182 upto the Meter Point. Hence this Affidavit.

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WHEREFORE, I respectfully pray that this Hon'ble Court may kindly be pleased to record that, the BESCOM and its officers are not disconnected the Power Supply upto the Meter Point vide installation bearing R.R. No.1ELC69182 in the interest of justice”

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it is stated by the learned counsel that installation bearing RR No.1ELC69182 was inspected and meter was found to be in a proper working condition. It is further stated that MCB switch was found to be in off position and when the same was switched on, no power supply was reaching the shop premises, which indicates that the problem may lie on the load side after the MCB switch within the consumer’s premises.

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Reliance is also placed on Clause 2.51 of the Conditions of Supply of Electricity of Distribution of Licensees in the State of Karnataka notified in Karnataka

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Gazette dated 17.06.2006, which defines ‘Point Of Commencement Of Supply ’, which reads as under:

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“2.51. ‘POINT OF COMMENCEMENT OF SUPPLY’ means the outgoing terminals of the Licensee’s metering system fixed in the premises of the Consumer in case of LT installations and the outgoing terminals of the Licensee’s Metering cubicle placed before any Consumer’s apparatus in case of HT installations. In the absence of any metering cubicle or the metering being on the LT side in case of HT installations, the point of commencement of supply shall be the incoming terminals of the Consumer’s main switchgear.”

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This Court has carefully considered the rival submissions and perused the material on record.

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The undisputed facts emerging from the material on record is that the petitioner is presently in possession of the premises and he is carrying on business. It is also not disputed that the electricity meter supplying power to the said premises is installed within the building

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and the petitioner had submitted representation dated 12.01.2026 seeking restoration of electricity supply. The endorsement issued by the Assistant Executive Engineer clearly indicates that the BESCOM officials were directed to restore the power supply to the meter point of the complainant.

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The dispute between the petitioner and respondent No.2 regarding tenancy and eviction is already the subject matter of proceedings before the competent Civil Court. The communication addressed by respondent No.2 to BESCOM authorities (Annexure-R9) which is annexed to the objections filed by respondent No.2, which reads as under:

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“Dated: January 11, 2026, Frazer Town, Bangalore-560005

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AEE-EI BESCOM OFFICE, BANGALORE-45

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To,

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Mr. Satish The Assistant Engineer, BESCOM Frazer Town, Bangalore-560005.

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COMPLAINT

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Subject: Unauthorised person has occupied shop at 141, MM Road, Frazer Town, Bangalore-5.

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Sir,

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The shop has been Sublet and an Eviction case is filed against tenant Raghavendra which is pending in the Civil Court.

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Please do not give them power connection as the occupant now is illegally operating the shop. If you have any questions please call me at the mobile No. Below.

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Thank you,

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R. Vijay Kumar Owner 11/01/2026 9620458268”

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The communication indicates that the owner

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had requested the authorities not to provide electricity supply on the ground that an eviction suit is pending.

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It is well settled law that a landlord cannot

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resort to a coercive methods, such as disconnecting the essential services in order to compel the tenant to vacate

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the premises. Any dispute regarding the eviction must be resolved only in a manner known to law.

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In the present case, though the authority has

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filed an affidavit and contends that the meter is functioning and that the defect may be on the load side within the premises, such a stand cannot absolve the statutory authority of its responsibilities. The BESCOM authorities are required to ensure that the electricity supply upto the premises is effectively restored when there is no legal impediment. Accordingly, this Court pass the following:

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ORDER

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(i) The Writ Petition is allowed.

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(ii) Respondent No.1-BESCOM Authorities are directed to take necessary steps to restore the electricity supply to the Shop Premises bearing No.141, Ground Floor, M.M.Road, Frazer Town, Bengaluru-560 005, in terms of the

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endorsement dated 12.01.2026, if not already restored.

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(iii) Respondent No.2 shall not cause any obstruction to the officials of respondent No.1 in restoring the electricity supply to the said premises.

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(iv) It is made clear that this order will not affect the rights of the parties in the civil proceedings, which is adjudicated before the competent Civil Court.

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Sd/-

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_____________________ JUSTICE K.S. HEMALEKHA

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TSN

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List No.: 1 Sl No.: 40

Mr. Raghavendra K v. the Assistant Executive Engineer (Elec)

Case brief

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Mr. Raghavendra K v. the Assistant Executive Engineer (Elec)

Case brief

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