Citation : 2026 Latest Caselaw 2150 Kant
Judgement Date : 11 March, 2026
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NC: 2026:KHC:14726
WP No. 8047 of 2026
C/W WP No. 8050 of 2026
WP No. 8052 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.8047 OF 2026 (GM-KEB)
C/W
WRIT PETITION NO.8050 OF 2026 (GM-KEB)
WRIT PETITION NO.8052 OF 2026 (GM-KEB)
IN W.P. NO.8047/2026
BETWEEN:
SRI SURESH .R
AGED ABOUT 42 YEARS,
S/O. R. VENKATADRI NAIDU,
RESIDING AT FLAT NO.201,
SLV HOMES, 2ND FLOOR,
28/, 26TH CROSS, 18TH MAIN,
HSR LAYOUT, BENGALURU-560 102.
...PETITIONER
(BY SMT. PAVITHRA N., ADVOCATE FOR
Digitally signed by SRI KARTHIK V., ADVOCATE)
MAHALAKSHMI B M
Location: HIGH AND:
COURT OF
KARNATAKA
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF COMMERCE,
VIKASA SOUDHA,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER-2,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
DIVISIONAL OFFICE,
NO.14/3, 2ND FLOOR, C F C BUILDING,
MAHARSHI ARAVIND BHAVAN,
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WP No. 8047 of 2026
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WP No. 8052 of 2026
HC-KAR
NRUPATHUNGA ROAD,
BENGALURU-560 001.
3. THE ASSISTANT EXECUTIVE ENGINEER (ELEC),
EAST 12TH SUB-DIVISION,
BANGALORE ELECTRICITY SUPPLY COMPANY,
MAHADEVAPUR, BENGALURU-560 048.
...RESPONDENTS
(BY SMT. RASHMI RAO, HCGP FOR R-1;
SRI C. CHANNEGOWDA, ADVOCATE FOR R-2;)
SRI H.N. VASUDEVAN, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTICE DATED 11.02.2026 IN NO. SA.KA.EM(A)/SM.EM(THA)/PU-
12/2025-26/2270-74 ISSUED BY THE THIRD RESPONDENT A
COPY OF WHICH IS PRODUCED AT ANNEXURE-H.
IN W.P. NO.8050/2026
BETWEEN:
1. SRI N. KANTHA RAO
AGED ABOUT 56 YEARS,
S/O MR. N. NAGAIAH,
2. SMT. N. ANUPUMA,
AGED ABOUT 46 YEARS,
W/O MR. N. KANTHA RAO,
BOTH ARE RESIDING AT NO.65,
3RD FLOOR, 2ND MAIN, WGHBS LAYOUT,
J.P. NAGAR, 7TH PHASE,
BENGALURU-560 078.
3. SRI N. THULASIRAM,
S/O N. MURAGAIAH,
AGED ABOUT 34 YEARS,
4. SRI N. VINOD KUMAR,
S/O MR. N. MURAGAIAH,
AGED ABOUT 33 YEARS,
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WP No. 8047 of 2026
C/W WP No. 8050 of 2026
WP No. 8052 of 2026
HC-KAR
R-3 & R-4 ARE RESIDING AT
NO.4/17, GOLLAKANDRIGA VILLAGE,
NANDIMANGALAM POST,
PUTTUR MANDAL,
TIRUPATHI DISTRICT,
ANDHRA PRADESH-517 683.
5. SRI N. CHIRANJEEEVI,
S/O MR. N. KRISHNUDU,
AGED ABOUT 45 YEARS,
6. SMT. SWATHI K.M.
AGED ABOUT 29 YEARS,
W/O MR. N. CHIRANJEEVI,
R-5 & R-6 ARE RESIDING AT NO.202,
B BLOCK, TNR VAISHNOVI APARTMENT,
NEAR VIBGYOR SCHOOL,
THUBARAHALLI,
BENGALURU-560 037.
...PETITIONERS
(BY SMT. PAVITHRA N., ADVOCATE FOR
SRI KARTHIK V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF COMMERCE,
VIKASA SOUDHA,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER-2,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
DIVISIONAL OFFICE,
NO.14/3, 2ND FLOOR, C F C BUILDING,
MAHARSHI ARAVIND BHAVAN,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
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WP No. 8047 of 2026
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WP No. 8052 of 2026
HC-KAR
3. THE ASSISTANT EXECUTIVE ENGINEER (ELEC),
EAST 12TH SUB-DIVISION,
BANGALORE ELECTRICITY SUPPLY COMPANY,
MAHADEVAPUR,
BENGALURU-560 048.
...RESPONDENTS
(BY SMT. RASHMI RAO, HCGP FOR R-1;
SRI C. CHANNEGOWDA, ADVOCATE FOR R-2;)
SRI H.N. VASUDEVAN, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION
QUASHING THE NOTICES DATED 11.02.2026 IN
NOS.SA.KA.EM(A)/SA.EM(THA)/PU-12/2025-26/2244-48, 2260-64
AND 2254-59 ISSUED BY THE THIRD RESPONDENT A COPIES OF
WHICH ARE PRODUCED AT ANNEXURES-H, H2 AND H1
RESPECTIVELY AND ETC.
IN W.P. NO.8052/2026
BETWEEN:
1. SRI G. RAGHU NADHA MANDADI
AGED ABOUT 54 YEARS,
S/O G. VENKATESULU MANDADI,
2. SMT. R. SUMA,
AGED ABOUT 44 YEARS,
W/O MR. RAGHU NADHA MANDADI,
BOTH ARE RESIDING AT
NO.62, 1ST B CROSS,
5TH PHASE, BSK 3RD STAGE,
BENGALURU-560 085.
...PETITIONERS
(BY SMT. PAVITHRA N., ADVOCATE FOR
SRI KARTHIK V., ADVOCATE)
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WP No. 8047 of 2026
C/W WP No. 8050 of 2026
WP No. 8052 of 2026
HC-KAR
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF COMMERCE,
VIKASA SOUDHA,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER-2,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
DIVISIONAL OFFICE,
NO.14/3, 2ND FLOOR, C F C BUILDING,
MAHARSHI ARAVIND BHAVAN,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
3. THE ASSISTANT EXECUTIVE ENGINEER (ELEC),
EAST 12TH SUB-DIVISION,
BANGALORE ELECTRICITY SUPPLY COMPANY,
MAHADEVAPUR, BENGALURU-560 048.
...RESPONDENTS
(BY SMT. RASHMI RAO, HCGP FOR R-1;
SRI C. CHANNEGOWDA, ADVOCATE FOR R-2;)
SRI H.N. VASUDEVAN, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION
QUASHING THE NOTICE DATED 11.2.2026 IN
NO.SA.KA.EM(A)/SA.EM(THA)/PU-12/2025-26/2234-38 ISSUED
BY THE THIRD RESPONDENT A COPY OF WHICH IS PRODUCED AT
ANNEXURE-H.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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WP No. 8047 of 2026
C/W WP No. 8050 of 2026
WP No. 8052 of 2026
HC-KAR
ORAL ORDER
These writ petitions are taken up together as they
arise out of similar facts and identical notices issued by the
respondent No.3-Bangalore Electricity Supply Company,
(BESCOM). As the issues involved in all the writ petitions
are common, they are taken up together and disposed of
by this common order.
Brief facts:
2. The petitioners claim to be the absolute owners
in possession and enjoyment of their respective sites
formed in Survey No.77 of Doddanekkundi village, I
Phase, Industrial Area, K.R. Puram Hobli, Bengaluru East
Taluk, having acquired the same under registered Partition
Deed and registered Sale Deeds dated 07.02.2023 and
09.02.2023. After acquisition of the properties, the
petitioners state that the khata have been effected in their
favour and property taxes have been paid to Bruhat
Bangalore Mahanagara Palike. The petitioners also contend
that they have obtained electricity connections in respect
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of the said properties and have been paying electricity
charges regularly.
3. It is their case that notices dated 23.09.2025
are said to have been issued by the Karnataka Industrial
Area Development Board- KIADB, alleging that
construction raised by the petitioners is contrary to the
sanctioned plan and calling upon them to stop the
construction. According to the petitioners, the said notices
have not been served upon them. Subsequently, based on
the direction issued by the KIADB, respondent No.3-
BESCOM issued notices dated 11.02.2026 calling upon the
petitioners to obtain 'No Objection Certificate' from KIADB
within 7 days, failing which the electricity supply to their
respective premises would be disconnected without further
notice. Aggrieved by the said notices threatening
disconnection of electricity supply, the petitioners have
approached this Court.
4. Learned counsel appearing for the petitioners
submits that the impugned notices are arbitrary and
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contrary to the principles of natural justice, inasmuch as
no opportunity of hearing has been provided to the
petitioners before issuances of notice. It is contended that
the petitioners have not violated any sanctioned plan and
the allegation of illegal construction is incorrect. It is
submitted that in the notices that have been issued by
the KIADB, no action is yet been taken and however, the
notices allegedly issued by KIADB have not been served
upon the petitioners. It is submitted that the action
initiated by the BESCOM based on such communication is
unsustainable. Learned counsel submits that the notices
issued by the BESCOM threatening disconnection of
electricity supply would cause irreparable hardship to the
petitioners.
5. Learned counsel appearing for the BESCOM
submits that the impugned notices have been issued
based on the communication received from KIADB, which
has called upon the petitioners to obtain 'No Objection
Certificate' from KIADB. It is submitted that the petitioners
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are at liberty to place their objections before the
competent authority and the appropriate orders would be
passed in accordance with law.
6. This Court has carefully considered the
submissions and perused the material on record.
7. It is evident that the impugned notices are
issued by the BESCOM calling upon the petitioners to
obtain 'No Objection Certificate' from KIADB within 7
days, failing which the electricity supply would be
disconnected. The notices are issued on the basis of the
communication issued by the KIADB, alleging that the
constructions undertaken by the petitioners are contrary
to the sanctioned plan. However, no provisional or final
determination has been passed by KIADB holding that the
petitioners have violated the sanctioned plan. Be it as it
may, the impugned notices issued by the BESCOM
essentially indicate an action of disconnection of electricity
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supply, in the event of failure to obtain 'No Objection
Certificate' from KIADB.
8. In the circumstances, it would be appropriate to
treat the impugned notices as show cause notices thereby
enabling the petitioners to submit their objections before
the competent authority. The petitioners are entitled to
place their objection and materials before the
respondents, which may then be considered in accordance
with law. Accordingly, the writ petitions are disposed of
with the following directions:
(i) The petitioners are at liberty to file their
objections to the impugned notices issued by
respondent No.3-BESCOM within a period of two
weeks.
(ii) The impugned notices shall be treated as show
cause notices and the competent authority shall
consider the objections filed by the petitioners and
pass appropriate orders in accordance with law.
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(iii) Till consideration of the objections and passing
of appropriate orders, the respondents shall not take
any coercive steps, including disconnection of
electricity to the petitioners' respective properties.
(iv) All the contentions of the parties are kept.
Sd/-
____________________ JUSTICE K.S. HEMALEKHA
TSN List No.: 1 Sl No.: 51
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