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