Sri Subhash vs The Managing Director

Citation : 2026 Latest Caselaw 2212 Kant
Judgement Date : 12 March, 2026

[Cites 2, Cited by 0]

Karnataka High Court

Sri Subhash vs The Managing Director on 12 March, 2026

Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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                                                             NC: 2026:KHC-K:2326
                                                          WP No. 200921 of 2026


                      HC-KAR




                                  IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                               DATED THIS THE 12TH DAY OF MARCH, 2026

                                              BEFORE
                           THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
                            WRIT PETITION NO. 200921 OF 2026 (GM-KEB)


                      BETWEEN:

                      1.   SRI SUBHASHCHANDRA
                           S/O LAXMANRAO BENAKANAHALLI,
                           AGED ABOUT 80 YEARS,
                           OCC: AGRICULTURE AND BUSINESS,
                           R/O CHOWDESHWAR COLONY,
                           BRAHAMPUR,
                           KALABURAGI-585 103.

                      2.   SRI.CHETAN
                           S/O PRABHAKAR BENAKANALLI,
                           AGED ABOUT 50 YEARS, OCC: BUSINESS,
                           R/O CHOWDESHWAR COLONY,
Digitally signed by        BRAHAMPUR,
NIJAMUDDIN
JAMKHANDI                  KALABURAGI-585 103.
Location: HIGH
COURT OF
KARNATAKA             3.   SRI.SURESH
                           S/O LAXMANRAO BENAKANALLI,
                           AGED ABOUT 55 YEARS,
                           OCC: BUSINESS,
                           R/O CHOWDESHWAR COLONY,
                           BRAHAMPUR,
                           KALABURAGI-585 103.


                                                                  ...PETITIONERS
                      (BY SRI. RAVI B. PATIL, ADVOCATE)
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                                      NC: 2026:KHC-K:2326
                                  WP No. 200921 of 2026


HC-KAR




AND:

1.   THE MANAGING DIRECTOR,
     GULBARGA ELECTRICITY SUPPLIES
     COMPANY LIMITED, STATION ROAD,
     KALABURAGI-585 102.

2.   THE ASSISTANT EXECUTIVE ENGINEER,
     SUB DIVISION-2, GULBARGA ELECTRICITY
     SUPPLIES COMPANY LIMITED (GESCOM),
     STATION ROAD, KALABURAGI-585 102.

3.   THE COMMISSIONER,
     KALABURAGI MAHANAGAR PALIKE,
     JAGATH CIRCLE, KALABURAGI-585 102.

                                          ...RESPONDENTS

(BY SRI RAVINDRA REDDY, ADVOCATE FOR R1 & R2;
 SRI KRUPA SAGAR PATIL, ADVOCATE FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED
ENDORSEMENT         DATED      26.12.2025     BEARING
NO.SA.KA.A(V)/SA.LE/NAUVI-2/GU/2025-26/3004,  AS    AT
ANNEXURE-F ISSUED BY THE 2ND RESPONDENT AUTHORITY,
AS ILLEGAL, ARBITRARY AND CONTRARY TO THE PROVISIONS
OF LAW. B) ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENT NO.2 AUTHORITY TO RESTORE THE ELECTRICITY
CONNECTION TO THE PREMISES OF THE PETITIONER NO.1
WITH RR NO.3641344777 AND PETITIONERS NO.2 AND 3
WERE ISSUED WITH TEMPORARY CONNECTION WITH
ACCOUNT ID NO.6265689784 AND 6300160662 WITHIN SUCH
STIPULATED TIME AS THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE. C) PASS SUCH OTHER
ORDER/S AS THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE.
                                 -3-
                                              NC: 2026:KHC-K:2326
                                          WP No. 200921 of 2026


HC-KAR




    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                         ORAL ORDER

1. The petitioners are before this Court in this writ petition filed under Articles 226 & 227 of the Constitution of India, seeking for the following reliefs:

(a) Issue a writ of certiorari to quash the impugned endorsement dated 26.12.2025 bearing No.Sa.Ka.A(V)/Sa.Le/NaUvi-2/Gu/2025-26/3004, as Annexure-F issued by the 2nd respondent authority, as illegal, arbitrary and contrary to the provisions of law;
(b) Issue a writ of mandamus directing the respondent No.2 authority to restore the electricity connection to the premises of the petitioner No.1 with RR No.3641344777 and petitioner Nos.2 and 3 were issued with temporary connection with Account ID No.6265689784 and 6300160662 within such stipulated time as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice.
(c) Pass such other order/s as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity.
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NC: 2026:KHC-K:2326 WP No. 200921 of 2026 HC-KAR

2. Heard the learned counsels for the parties.

3. It is the case of the petitioners that, they are carrying on the business in the shop premises situated within the jurisdiction of respondent No.3-Corporation and the electricity connection to their premises was given by the GESCOM with RR numbers as follows:

Petitioner No.1 : RR No.3641344777;
Petitioner Nos.2 and 3 : Temporary connection with Account I.D. No.6265689784

4. According to the petitioners respondent Nos.1 and 2 have abruptly disconnected the electricity connection given to the shop premises of the petitioners in which they have been carrying on their business for the last nearly three decades.

5. Learned counsel appearing for the respondent Nos.1 and 2 submits that, the trade license of the petitioners has not been renewed and the shop premises for which the electricity connection was earlier given has been now demolished and it is under these circumstances, the -5- NC: 2026:KHC-K:2326 WP No. 200921 of 2026 HC-KAR electricity supply was disconnected to the shop premises of the petitioners.

6. Learned counsel Sri. Krupa Sagar Patil, has filed an affidavit of the Commissioner of Kalaburagi Mahanagara Palike and in the said affidavit dated 12.03.2026 it is stated that, as on this date, the petitioners are in possession of the shop situated at Jatra Maidan, opposite to S.B.Temple, however, the City Corporation has not issued any authorization or valid license to carryout the business in the said place.

7. Learned counsel for the petitioners has filed a memo dated 11.03.2026, producing the photographs of the shop premises in which the petitioners are carrying their business.

8. Under the circumstances, the respondents could not have abruptly disconnected the electricity connection, merely for the reason that, the trade licence of the petitioners was not renewed. If the trade licence of the petitioner was not renewed, it is for the competent authority -6- NC: 2026:KHC-K:2326 WP No. 200921 of 2026 HC-KAR to take appropriate action and the respondent Nos.1 and 2 cannot abruptly disconnect the electricity connection given to the premises, for the said reason.

9. In the impugned endorsement at Annexure-F, the respondents have sought for copy of certain document for the purpose of supplying the electricity to the premises of the petitioners.

10. In my considered opinion, having disconnected the electricity connection to the premises of the petitioners, the respondents were not justified in issuing endorsement and seeking aforesaid documents. Therefore, the prayer made by the petitioners to quash the impugned endorsement and also direct the respondent No.2 to restore the electricity connection to the premises of the petitioners needs to be granted.

11. Accordingly, the following:

ORDER
(i) The writ petition is allowed;
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NC: 2026:KHC-K:2326 WP No. 200921 of 2026 HC-KAR

(ii) The impugned endorsement at Annexure-F dated 26.12.2025 bearing No.Sa.Ka.A(V)/Sa.Le/NaUvi-2/Gu/2025-26/3004 is quashed and the respondent No.2 is directed to restore the electricity connection to the premises of the petitioner No.1 with RR No.3641344777 and petitioner Nos.2 and 3 with temporary connection with Account ID No.6265689784 and 6300160662, forthwith, but not later than a period of one week from the date of receipt of copy of this order.

Sd/-

(S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 18 CT:PK