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2025 DAILYLAW 12955 (KAR)

GOWRAPPA K v. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED

WP/730/2025 · 2025-01-16

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - NC: 2025:KHC:1635 WP No. 730 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 730 OF 2025 (GM-KEB) BETWEEN: 1. GOWRAPPA K AGED 62 YEARS, S/O. LATE KENCHAPPA 2. SRINIVASA. K. AGED 60 YEARS S/O. LATE KENCHAPPA. 3. HANUMANTHA. K. AGED 58 YEARS, S/O. LATE KENCHAPPA. ALL ARE RESIDENTS OF MYLASANDRA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560068. …PETITIONERS (BY SRI. ANANTHA NARAYANA B N., ADVOCATE) AND: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR, CAUVERY BHAVAN, K.G. ROAD, BANGALORE-560009. 2. THE EXECUTIVE ENGINEER (ELE.) 400 K.V.S.S.C. DIVISION, Digitally signed by SUMITHRA R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1635 WP No. 730 of 2025 KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, HEBBAL, BANGALORE-560024 3. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVANA, BANGALORE-560009. …RESPONDENTS (BY SRI. RAJ KUMAR, AGA FOR R3 SRI. H.V. DEVARAJU, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INITIATE PROCEEDINGS FOR PASSING UP OF AN AWARD AND PAYMENT OF COMPENSATION TO THE PETITIONERS FOR ERECTING HIGH TENSION TRANSMISSION TOWER AND DRAWING UP OF 400 KV POWER LINES (3 IN NUMBERS) ON THE LAND OWNED BY THE PETITIONERS BY ISSUE OF A WRIT OF MANDAMUS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Learned Advocate accepts notice on behalf of respondent No.3. 2. The petition is filed seeking a writ of mandamus to the respondents. - 3 - NC: 2025:KHC:1635 WP No. 730 of 2025 3. The petitioners claim that all the petitioners and their mother Smt.Sharadamma are the joint owners of land in Sy.No.37/12 of Mylasandra Village, Begur Hobli, Bengaluru South Taluk. It is further stated that respondents No.1 and 2 have laid high tension wire over the land of the petitioners and as such, they are entitled for adequate compensation. 4. The petitioners claim that a representation is submitted by them on 24.3.2021 requesting the Managing Director of respondent No.1 to pay adequate compensation. Acting on the said representation, the Managing Director of respondent No.1 Corporation has addressed a letter to the Deputy Commissioner (respondent No.3) on 27.4.2021 to fix the compensation payable to the petitioners. 5. It is stated that so far respondent No.3 has not taken any action on the said letter to pay the compensation to the petitioners. The records produced before the Court would reveal that the Managing Director - 4 - NC: 2025:KHC:1635 WP No. 730 of 2025 of respondent No.2 has written a letter to the Deputy Commissioner vide Annexure-D dated 27.4.2021. This being the position, the Deputy Commissioner has to ascertain whether the high tension wire has been laid over the land of the petitioners and thereafter adjudication has to take place to determine the appropriate compensation under Section 10(d) of the Indian Telegraph Act, 1885. 6. The exercise shall be completed within 2 (two) months from the date of receipt of a copy of this order. Writ petition is allowed accordingly. Sd/- (ANANT RAMANATH HEGDE) JUDGE rs List No.: 1 Sl No.: 28