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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON'BLE MR.JUSTICE S.G.PANDIT

WRIT PETITION.NO.2935 OF 2021 (GM-KEB)

BETWEEN

SRI B N MARIYAPPA

S/O NANJAPPA

AGED ABOUT 70 YEARS

NO.691, 7^TH CROSS,

BAGALGUNTE, NAGASANDRA

BANGALORE 560073.

...PETITIONER

(BY SMT.P.SUSHEELA, SENIOR COUNSEL FOR

SRI.AKASH.V.T., ADVOCATE)

AND

1.

BESCOM,

REP. BY ITS MANAGING DIRECTOR

HAVING OFFICE AT K R CIRCLE,

BANGALORE-560001.

2.

ASSISTANT EXECUTIVE ENGINEER (ELEC),

HAVING OFFICE AT

N-9 SUB DIVISION, SOLADEVANAHALLI

BANGALORE-560090.

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3.

THE BBMP COMMISSIONER

5^TH FLOOR, LEGAL CELL,

N R SQUARE

CORPORATION CIRCLE

BANGALORE-560001

4.

THE MEDICAL HEALTH OFFICER

DASARAHALLI ZONE (BBMP)

BANGALORE-560073

…RESPONDENTS

(BY SRI.H.V.DEVARAJU, ADVOCATE FOR R1 & R2

SRI.AMIT DESHPANDE, ADVOCATE FOR R3 & R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING

TO QUASH/SET ASIDE COMMUNICATION DTD 22.1.2021

MADE BY THE R-2 VIDE ANNEXURE-A WHEREIN HE HAS

TAKEN AN ARBITRARY ACTION OF DISCONNECTING THE

POWER CONNECTION TO THE FLOUR MILL OF THE

PETITIONER AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS,

THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

The petitioner is before this Court under Article

226

of

the

Constitution

of

India,

challenging

Annexure-A-Letter

dated

22.01.2021

bearing

No.¨É¸ÁÌA/J£ï9/¸ÀPÁ¤EA(«)/¸À¯É/2020-21/2037,

whereby

the

respondent-BESCOM intimated the 4^th respondent

about disconnection of power to the petitioner’s unit.

Subsequently, by filing amendment application, the

petitioner has prayed for quashing Office Note dated

28.12.2020 bearing No.BBMP/Dhava/AaY/PR/178/20-

21 vide Annexure-L, canceling Trade Licence of the

petitioner.

2.

Heard Smt.P.Susheela, learned Senior Counsel

for Sri.Akash.V.T, learned counsel for the petitioner

and Sri.H.V.Devaraju, learned counsel for respondent

Nos.1 and 2 as well as Sri.Amit Deshpande, learned

counsel for respondent Nos.3 and 4.

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3.

Learned Senior Counsel for the petitioner would

submit that the petitioner was granted with Trade

Licence to run flour mill by the respondent-BBMP and

the same is valid up to 28.02.2024. Learned Senior

Counsel for the petitioner further submits that the

respondent-BBMP on the complaint of the neighbours

of the petitioner and nearby School Authorities,

without affording any opportunity to the petitioner,

took a decision on 28.12.2020 to cancel the Trade

Licence of the petitioner. Further, learned Senior

Counsel submits that the said order of cancellation of

Trade

Licence

was

not

communicated

to

the

petitioner. Based on such cancellation, on the next

day i.e., 29.12.2020 itself, the respondent-BBMP

addressed a letter to respondent Nos.1 and 2 to

disconnect the power supply to the petitioner’s unit.

Based on the said letter, respondent Nos.1 and 2 took

action to disconnect the power supply to petitioner’s

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flour mill. Thus, learned Senior Counsel for the

petitioner submits that the entire action of the

respondent-BBMP is in total violation of principles of

natural justice.

4.

Sri.Amit Deshpande, learned counsel appearing

for respondent Nos.3 and 4 is not in a position to

dispute about the violation of principles of natural

justice.

Sri.H.V.Devaraju,

learned

counsel

for

respondent Nos.1 and 2 submits that respondent

Nos.1 and 2 acted based on the letter addressed by

the respondent-BBMP on 29.12.2020 and power

supply was disconnected on 01.01.2021.

5.

It is not in dispute that the petitioner was

granted Trade Licence to run flour mill, which is valid

till 28.02.2024, evident from Annexure-B1. When the

Trade Licence is valid till 28.02.2024, based on the

complaint of the neighbours of the petitioner and

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nearby School Authorities, the respondent-BBMP could

not have