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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.6231/2021 (GM- KEB)

BETWEEN:

SRI ASHWIN JOSHUA D9 SOUZA

S/O JOHN D9 SOUZA

AGED ABOUT 30 YEARS

RESIDING AT NO.34, SHATHIPURA,

ELECTRONIC CITY, 2^ND PHASE

ANEKAL TALUK, BENGALURU 3 560 099.

... PETITIONER

(BY SRI SUKUMARAN G., ADVOCATE (VIDEO

CONFERENCING))

AND:

1.

STATE OF KARNATAKA

REPRESENTED BY ITS

ADDITIONAL CHIEF SECRETARY

DEPARTMENT OF ENERGY

ROOM NO.206, 2^ND FLOOR, VIKAS SOUDHA

BENGALURU 3 560 001.

2.

BESCOM

REPRESENTED BY ITS

MANAGING DIRECTOR

HAVING ITS OFFICE AT K.R.CIRCLE,

BENGALURU 3 560 001.

3.

ASSISTANT EXECUTIVE ENGINEER (ELEC.)

HAVING ITS OFFICE AT S -20

SUB DIVISION, H.S.R LAYOUT

2

BENGALURU 3 560 102.

4.

SMT. NITHYA MURALIDHARAN

D/O S.MURALIDHARAN

AGE ABOUT 29 YEARS

RESIDING AT NO. L 3 79, 15^TH CROSS,

5^TH MAIN, SECTOR -6, HSR LAYOUT

BENGALURU 3 560 102.

... RESPONDENTS

(BY SMT. M.C.NAGASHREE, AGA FOR R1;

SMT. RAKSHITHA D.J., ADVOCATE FOR R2 AND R3;

SMT. GEETA MENON, ADVOCATE FOR C/R4 (VIDEO

CONFERENCING))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE ORDER DTD.15.03.2021 BEARING NO.AEE/S-

20/AE-T/20-21/6903, VIDE ANNX-A, PASSED BY R-3 TO

THE PETITIONER9S SCHEDULE PREMISES ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 25.06.2021, COMING ON

FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE

FOLLOWING :-

ORDER

Petitioner in this writ petition calls in question an

order dated 15-03-2021 passed by the 3^rd respondent

declining to restore electricity connection to the leased

premises of the petitioner.

2. This petition, though listed for orders, is taken

up for its final disposal with the consent of parties.

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3. Heard Sri G. Sukumaran, learned counsel for

the petitioner, Smt. M.C.Nagashree, learned Additional

Government

Advocate

for

Respondent

No.1,

Smt. D.J. Rakshitha, learned counsel for respondent

Nos.2 and 3 and Smt. Geeta Menon, learned counsel for

respondent No.4.

4. Brief facts leading to the filing of the present

petition, as borne out from the pleadings are as follows:-

The petitioner is a tenant in the schedule premises

owned by the 4^th respondent. It appears that the

petitioner entered into a rental agreement with the 4^th

respondent on 18-12-2018 and pursuant to the same,

the petitioner was put in possession of the schedule

premises. The petitioner runs a gymnasium in the

schedule premises and claims to have paid rents

diligently. Notwithstanding his diligence, he receives a

legal notice from the landlady asking him to vacate the

premises on or before 22-01-2020, on such cause of

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action. Claiming that the petitioner is on the threat of

dispossession from the schedule premises, approached

the jurisdictional Civil Court in O.S.No.858 of 2020 and

the said suit is pending consideration before the trial

Court.

5. During the pendency of the said suit, the

landlady communicates to respondent Nos.2 and 3 to

stop power supply to the schedule premises and the

petitioner claims that the landlady was threatening to

evict

him

from

the

schedule

premises

illegally.

Respondent No.3 issued a notice to the petitioner on 08-

09-2020, with regard to stoppage of power supply as

requested by the landlady, which the petitioner claims

to have replied. Challenging the said notice dated 08-

09-2020, the petitioner approached this Court in Writ

Petition No.12805 of 2020. This Court by its order

dated 20-01-2020, disposed of the writ petition with a

direction to the respondents/BESCOM to hear the

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petitioner and then pass appropriate orders. It is after

the said order passed by the Co-ordinate Bench of this

Court in the aforesaid writ petition, the petitioner was

heard and an order dated 15.03.2021 was passed

confirm