Karnataka High Court
RP/571/2025 of THE MANAGING DIRECTOR Vs SRI ASHOK on 25 August 2026
CNR: KAHC010818212025 NC: 2026:KHC:45694 RP No. 571 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REVIEW PETITION NO. 571 OF 2025 BETWEEN: 1. THE MANAGING DIRECTOR BANGALORE ELECTRICITY SUPPLY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
REVIEW PETITION NO. 571 OF 2025
BETWEEN:
1.
THE MANAGING DIRECTOR
BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, BESCOM
CORPORATE OFFICE,
K.R. CIRCLE,
BENGALURU - 560 001
2.
THE ASSISTANT EXECUTIVE ENGINEER,
BESCOM, CHIKKALLASANDRA SUB-DIVISION,
BENGALURU - 560 060
…PETITIONERS
(BY SRI. LIKITH R.P., ADVOCATE)
AND:
SRI ASHOK
S/O. DASAPPA D,
AGED ABOUT 40 YEARS
RESIDING AT NO.29,
GROUND FLOOR,
SHREE HARI NILAYA,
UTTARAHALLI, BENGALURU - 560 061
…RESPONDENTS
(BY SRI. SHEKARAPPA AND PRASAD G.V., ADVOCATE)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
R/W SECTION 114 OF CPC 1908, PRAYING TO CALL FOR THE
ENTIRE RECORDS IN W.P.NO.30833/2025; REVIEW THE ORDER
DATED 13.11.2025 PASSED IN W.P.NO.30833/2025.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
The present review petition is filed by the petitioners (who were respondents in W.P.No.30833/2025). In the aforesaid writ petition, the petitioner (respondent herein) had sought a writ of mandamus directing the petitioners herein to consider the representation dated 29.07.2025 (Annexure-A) and consequently, to restore the electricity connection bearing meter account ID No.4584362000 (RR.No.BS5LG46535) pertaining to the schedule property.
2. The said W.P.No.30833/2025 came to be disposed of with the following directions: "ORDER The writ petition is disposed of with the following directions: i. Respondent No.2 is directed to intimate to the petitioner, within one week from the date of receipt of certified copy of this order, the exact quantum of outstanding dues and arrears pertaining to the said installation.
HC-KAR
ii. The petitioner shall clear the said dues within a period of two weeks thereafter. iii. Upon payment of the outstanding amount, respondent No.2 shall take all necessary steps to restore the electricity supply to the schedule property forthwith, and in any case within one week from the date of such payment. "
3. Learned counsel appearing for the review petitioners submits that, apart from payment of the outstanding arrears, restoration or reactivation of the electricity supply is subject to compliance with Clause 61 of the Central Electricity Authority (Measures Relating to Safety and Electricity supply) Regulations, 2010 ('CEA Regulations' for short). It is submitted that the respondent is required to obtain and produce the requisite safety clearance from the competent authority before the electricity supply can be restored.
4. It is further submitted that the direction issued by this Court for restoration of electricity supply merely upon payment of arrears, without taking into consideration the statutory safety requirements under Clause 61 of the CEA Regulations, may result in consequences contrary to the safety regulations governing electricity installations.
HC-KAR
5. It is not in dispute that Clause 61 of the CEA Regulations governs safety clearances required in respect of buildings situated in proximity to overhead lines carrying voltage exceeding 650 Volts.
6. It is the specific contention of the review petitioners that the schedule property is situated beneath a 66 kV Extra High Tension (EHT) line and therefore, restoration of electricity supply without ensuring compliance with the applicable statutory and safety requirements may be contrary to the provisions of the Electricity Act, 2003 and CEA Regulations, 2010.
7. From the material now placed on record, it is evident that the aforesaid aspect concerning the applicability of the statutory and safety requirements was not brought to the notice of this Court when the order dated 13.11.2025 came to be passed. Consequently, the positive direction issued for restoration of electricity supply upon payment of arrears requires reconsideration.
8. It is needless to observe that this Court has not expressed any opinion on the merits of the claim of the respondent for restoration of electricity supply and the competent authority shall
HC-KAR
consider the representations independently and in accordance with law.
9. In the circumstances, this Court is of the considered view that the earlier direction for automatic restoration of electricity supply upon payment of the outstanding dues cannot be sustained. The competent authorities are required to examine the respondent's request for restoration of electricity supply in accordance with the applicable statutory provisions and safety regulations.
10. Accordingly, the order dated 13.11.2025 passed in W.P.No.30833/2025 is recalled. The petitioners herein are directed to consider the representation of the respondent dated 29.07.2025 in accordance with law and having due regard to the applicable provisions of the Electricity Act, 2003 and the CEA Regulations, within a period of four(4) weeks from the date of receipt of a certified copy of this order.
Sd/- ________________________ JUSTICE K.S. HEMALEKHA PHM/List No.: 1 Sl No.: 11