Sri Battarusetty Venkata Sunil Vs State of Karnataka

SRI BATTARUSETTY VENKATA SUNIL S/O BATTARSETTY RAMA SWAMY, AGED ABOUT 46 YEARS, RESIDING AT NO.38, 10 DOWING, WHITEFIELD, HOSKOTE MAIN ROAD, OPPOSITE MAHAVEER VARMA APARTMENT, BENGALURU-560067.

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…PETITIONER

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(BY SRI PAVAN M., ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE, VIKASA SOUDHA, BENGALURU-560 001.

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THE EXECUTIVE ENGINEER-2, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, DIVISIONAL OFFICE, NO.14/3, 2^ND FLOOR, C F C BUILDING, MAHARSHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001.

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THE ASSISTANT EXECUTIVE ENGINEER (ELEC) EAST 12^TH SUB DIVISION BANGALORE ELECTRICITY SUPPLY COMPANY, MAHADEVAPUR, BENGALURU-560048.

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…RESPONDENTS

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2 - NC: 2026:KHC:20268 WP No. 9792 of 2026

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HC-KAR

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(BY SMT. RASHMI RAO, HCGP FOR R-1; SRI H.N. VASUDEVAN, ADVOCATE FOR R-2; SRI K.S.N. RAJESH, ADVOCATE FOR R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 27.11.2025 IN NO.Sa.Ka.Em(A)/Sa.Em(Tha)/Pu-12/202526/1835-19 ISSUED BY THE THIRD RESPONDENT A COPY OF WHICH IS PRODUCED AT ANNEXURE-F, AND DIRECT THE THIRD RESPONDENT TO FORTHWITH RESTORE THE POWER SUPPLY TO RR NO.E12TPM-3373.

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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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It is submitted that Sri K.S.N.Rajesh, learned

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counsel, has filed vakalath for respondent No.3.

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Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent Nos.2 and 3.

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The petitioner has approached this Court seeking to quash the notice dated 27.11.2025 issued by respondent No.3-BESCOM (Annexure-F) and for consequential direction to restore power supply to RR E12TPM-3373.

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3 - NC: 2026:KHC:20268 WP No. 9792 of 2026

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HC-KAR

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Learned counsel for the petitioner submits that

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the issue involved in this writ petition is squarely covered by the decision of this Court in the case of Suresh R., Vs. State of Karnataka and Others¹ (Suresh R.,) wherein, similar notices were directed to be treated as show cause notices and liberty was granted to submit objections before the competent authority.

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Learned counsel for respondent Nos.2 and 3 does not dispute that the similar matters have been disposed of by this Court by directing the impugned notices to be treated as show cause notices, enabling the affected parties to submit their objections before the competent authority.

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It is evident that the impugned notice has been issued by the BESCOM to the petitioner calling upon the petitioner to obtain No Objection Certificate (NOC) from KIADB within seven (7) days, failing which the power supply would be disconnected. The notice is issued on the

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1 W.P.No.8047/2025 and connected WPs D.D 11.03.2026

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4 - NC: 2026:KHC:20268 WP No. 9792 of 2026

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HC-KAR

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basis of the communication issued by the KIADB, alleging that the constructions undertaken by the petitioner is contrary to the sanctioned plan. However, no provisional or final determination has been passed by the KIADB, holding that the petitioner has violated the sanctioned plan. Be it as it may, the impugned notice issued by the BESCOM essentially indicates an action of disconnection of electricity in the event of failure to obtain NOC certificate from the KIADB.

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In respect of similarly placed persons, this Court has permitted the affected parties to file their objections by treating such notices as show cause notices. No distinguishing circumstances have been demonstrated to treat the present petitioner differently. In view of the above, this Court pass the following:

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ORDER

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i. The writ petition is disposed of with the following directions:

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NC: 2026:KHC:20268 WP No. 9792 of 2026

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5 -

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HC-KAR

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a. The petitioner is at liberty to file his objections to the impugned notice issued by respondent No.3-BESCOM within a period of two (2) weeks from the date of receipt of copy of this order.

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b. The impugned notice shall be treated as show cause notice and the competent authority shall consider the objections filed by the petitioner and pass appropriate orders in accordance with law.

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c. Till consideration of the objections and passing of appropriate order, the respondents shall not take any coercive steps, including disconnection of electricity to the petitioner's property.

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