[Cites 1, Cited by 0]
Karnataka High Court
Smt Pushpalatha vs Bangalore Electricity Supply Company ... on 5 January, 2026
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WA No. 1464 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 1464 OF 2025 (GM-KEB)
BETWEEN:
SMT PUSHPALATHA
W/O SRI K. KATHROY,
D/O LATE KC JAYALAKSHMI,
AGED ABOUT 40 YEARS,
RESIDING AT NO. 3/1,
VAIBHAV HOTEL BUILDING,
BESIDE GOVT. SCHOOL,
SARJAPURA ROAD,
KAIKONDRAHALLI VILLAGE,
VARTHUR HOBLI,
Digitally BENGALURU-560035.
signed by
NIRMALA ...APPELLANT
DEVI
(BY SMT. BHARMAL SHISIN SHABBISBHAN, ADVOCATE FOR
Location: SRI. MENTO ISAC, ADVOCATE)
HIGH
COURT OF
KARNATAKA AND:
1. BANGALORE ELECTRICITY
SUPPLY COMPANY LTD
CORPORATE OFFICE AT KR CIRCLE,
BENGALURU-560001,
REPRESENTED BY ITS MANAGING DIRECTOR
2. CHIEF ENGINEER,
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WA No. 1464 of 2025
HC-KAR
BENGALURU METROPOLITAN
AREA ZONE (BESCOM),
NO. 14/3, 3RD FLOOR,
MAHARISHI ARAVINDA BHAVAN,
CFC BUILDING,
NRUPATHUNGA ROAD,
BENGALURU-560001
3. EXECUTIVE ENGINEER,
(ELECTRICITY) (O AND M),
BESCOM HSR LAYOUT DIVISION,
1ST FLOOR, 24TH MAIN ROAD,
17TH CROSS, 2ND SECTOR,
HSR LAYOUT,
BENGALURU-560102
4. ASSISTANT EXECUTIVE ENGINEER,
(ELECTRICITY) (COM.O AND M),
BESCOM-S11 SUB-DIVISION,
GROUND FLOOR, 24TH MAIN,
17TH CROSS, 2ND SECTOR,
HSR LAYOUT,
BENGALURU-560102
5. SRI. A. RAMAPPA
S/O LATE SRI ANJANAPPA,
AGED ABOUT 46 YEARS
6. SRI. A. LAKSHMAPPA,
S/O LATE SRI ANJANAPPA.
AGED ABOUT 46 YEARS,
7. SMT. V. SHYLAJA,
W/O A. RAMAPPA,
AGED ABOUT 44 YEARS
8. SMT. L. ROOPA,
W/O A LAKSHMAPPA,
AGED ABOUT 38 YEARS
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WA No. 1464 of 2025
HC-KAR
RESPONDENT No.5 TO 8 ARE
RESIDING AT NO. 24,
SUNNY BROOKS,
SARJAPURA MAIN ROAD,
NEAR WIPRO CORPORATE OFFICE,
DODDAKANNALLI,
CARMELARAM,
BENGALURU-560035
...RESPONDENTS
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
DATED 22/07/2025 PASSED IN WP NO.2565/2025 BY THE
LEARNED SINGLE JUDGE OF THIS HONBLE COURT
PRODUCED AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an
order dated 22.07.2025 passed by the learned Single Judge in
Writ Petition No.2565/2025. The petitioner had filed the said
petition inter alia praying that direction be issued to the
respondent Nos.1 to 4 to disconnect the electricity supply to the
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HC-KAR
building named as 'Sri Balaji Vaibhav' which has been raised on
a land described in Survey No.41 situated at Kaikondrahalli
Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru [subject
property].
2. It is the appellant's case that the said building is being
constructed illegally on the land which belongs to the appellant.
The learned Single Judge had noted that the appellant has
already filed a civil action against respondent Nos.5 to 8 being
O.S. No.4293/2025 with regard to the construction as well as
occupation of the subject property.
3. In the given facts, the learned Single Judge has declined
to excise the jurisdiction under Article 226 of the Constitution of
India. We concur with the decision of learned Single Judge. It
would be inapposite to entertain the writ appeal which in effect
has been filed to effectively prevent respondent Nos.5 to 8 from
enjoying the premises which are the subject matter of civil suit
between the appellant and the said parties. The appellant is not
precluded from seeking appropriate interim relief in the said suit
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and cannot compel the State Authorities to disconnect the
utilities in order to assert her rights.
4. The appeal is unmerited and accordingly, dismissed.
5. We however, clarify this would not preclude the appellant
from raising her contentions in any pending civil action or for
availing appropriate remedies.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
BS
List No.: 2 Sl No.: 24
