IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.21462 OF 2022 (GM-KEB)

BETWEEN:

C.K. NAROTHAM S/O LATE C.V. KESHAVAMURTHY, AGED ABOUT 87 YEARS, M/S. ARBORS BY THE LAKE LAYOUT, KYALASANAHALLY VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE-560001.

…PETITIONER (BY SRI A.G. RAVI KUMAR, ADVOCATE)

AND:

1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED [(BESCOM) – A A GOVERNMENT OF KARNATAKA UNDERTAKING], HAVING ITS Digitally signed by MAHALAKSHMI B M REGISTERED OFFICE AT K.R. CIRCLE, Location: HIGH BENGALURU-560001 COURT OF REPRESENTED HEREIN BY ITS KARNATAKA CHAIRMAN.

2. THE ASSISTANT EXECUTIVE ENGINEER (EL), BESCOM, JIGANI SUB DIVISION, ABOVE CANARA BANK APC CIRCLE, JIGANI LINK ROAD, JIGANI, ANEKAL TALUK, BANGALORE-560105 Email: aee.jigani@gmail.com

3. THE ASSISTANT EXECUTIVE ENGINEER (EL), VIGILANCE, BESCOM, POST OFFICE ROAD, OPP.: POST OFFICE, RAMANAGARA-571 511 Email: eermgm.work@gmail.com

4. THE ASSISTANT ENGINEER (EL), BESCOM, JIGANI O & M, BESCOM, JIGANI SUB DIVISION, ABOVE CANARA BANK APC CIRCLE, JIGANI LINK ROAD, JIGANI, ANEKAL TALUK, BANGALORE-560105 Email: aee.jigani@gmail.com

5. THE ACCOUNTS OFFICER, C/O THE ASSISTANT EXECUTIVE ENGINEER (EL), BESCOM, JIGANI SUB DIVISION, ABOVE CANARA BANK APC CIRCLE, JIGANI LINK ROAD, JIGANI, ANEKAL TALUK, BANGALORE-560105.

6. THE APPELLATE AUTHORITY (REVENUE)– BESCOM, REP. BY THE DIRECTOR (TECHNICAL), MANGALORE ELECTRICITY SUPPLY COMPANY (MESCOM)- HAVING ITS ADMINISTRATIVE OFFICE AT MESCOM BHAVANA, KAVURU CROSS ROAD, BIJAI, MANGALORE-575 004.

…RESPONDENTS (BY SRI H.V. DEVARAJU, ADVOCATE FOR R-1 TO R-6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE R6 PERTAINING TO THE APPEAL R.A.NO.73/2018; QUASH THE ORDER DATED 24.08.2022 BEARING NO.MAVISA KAM/KANDAAYA MELMANAVI/AA.KAA/5690-92) PASSED BY THE 6^TH RESPONDENT IN APPEAL CASE R.A.NO.73/2018 AT ANNEXURE-A AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The petitioner has called in question the order dated

24.08.2022 passed by the Appellate Authority in RA No. 73/2018, whereby the appeal filed by the petitioner came to be dismissed and revised back billing demand raised by respondent authorities has been confirmed.

BRIEF FACTS

2. The petitioner is a consumer of electricity bearing RR No. KYP16 with a sanctioned load of 25 HP and was originally billed under LT6 tariff. The installation is utilized for water supply and sewage pumping in a residential layout. It is the case of the petitioner that on 21.03.2017, an inspection was conducted by the vigilance authorities, pursuant to which it was alleged that there was a misuse of electricity and incorrect tariff classification. Based on the said inspection, a back billing demand was raised. Subsequently revised by notice dated 03.05.2018 demanding a sum of `14,20,770/-. Aggrieved by the said demand, the petitioner preferred an appeal before the Appellate Authority and deposited 50% of the assessed amount as required under Section 127(2) of the Electricity Act, 2003 (‘the Act’ for short). The said appeal came to be dismissed by the impugned order leading to the present writ petition.

3. Learned counsel for the petitioner contends that the impugned order is arbitrary, non-speaking and suffers from non-application of mind. It is contended that the petitioner's installation is exclusively used for water supply and sewage purposes in a residential layout and therefore, the applicable tariff is LT6. The authorities have failed to consider the nature of usage and have erroneously sustained the reassessment. It is contended that the Appellate Authority has not rendered any clear finding on the applicable tariff, but has mechanically confirmed the demand raised by the respondent authorities. It is contended that the reasses