THALLIHALLA KRISHNE GOWDA PRADEEP KUMAR v. STATE OF KARNATAKA
WP/7733/2025 · 2025-04-03
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19989 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19989 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 7733 OF 2025 (GM-KEB) C/W WRIT PETITION NO. 7370 OF 2025 (GM-KEB) WRIT PETITION NO. 7478 OF 2025 (GM-KEB) WRIT PETITION NO. 8262 OF 2025 (GM-KEB) WRIT PETITION NO. 8669 OF 2025 (GM-KEB) WRIT PETITION NO. 8899 OF 2025 (GM-KEB)
IN WP No. 7733/2025
BETWEEN:
THALLIHALLA KRISHNE GOWDA PRADEEP KUMAR AGED ABOUT 68 YEARS S/O LATE T A KRISHNEGOWDA R/A NAKUL ESTATE, TALIHALLI VILLAGE, JAKKANHALLI POST, VASTARE HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 130 …PETITIONER (BY SRI. VIGNESHWAR S. SHASTRI, SR. COUNSEL A/W SRI. SUDHINDRA MURTHY V., ADVOCATE)
AND:
1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY, DEPARTMENT OF POWER SHAKTHI BHAVAN, BENGALURU - 560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, 1ST FLOOR, KAVERI BHAVAN, KEMPEGOWDA RD. NEHRU NAGAR, GANDHI NAGAR, BENGALURU - 560009. 3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MALANDUR DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B M ROAD, HASSAN - 573201
4. THE DEPUTY COMMISSIONER O/A. DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU - 577101
…RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, R3 AND R4;
SRI. H.V. DEVARAJU, ADV. FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DTD. 04.03.2024 BEARING NO. KA.NI.LO(V)/BRU.KA.VI/ BELLARI/2023-24/3136 IN CONSIDERATION OF OBJECTIONS FILED BY THE PETITIONER DTD. 26.12.2024 (ANNX-D AND E) AND ETC. - 3 -
NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
IN WP NO. 7370/2025
BETWEEN:
BASAVARAJA AGED ABOUT 60 YEARS S/O C B MALLEGOWDA, NO.1045, 5TH MAIN, D BLOCK, NEAR NAVARANG THEATRE, 2ND STAGE, RAJAJI NAGAR, BANGALORE - 560010
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SR. COUNSEL A/W SRI. SUDHINDRA MURTHY V., ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY DEPARTMENT OF POWER, SHAKTHI BHAVAN, BENGALURU - 560 001. 2.
KARNATAKA POWER TRANSMISSION CORPORATICN LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, 1ST FLOOR, KAVERI BHAVAN, KEMPEGOWDA RD, NEHRU NAGAR, GANDHI NAGAR, BENGALURU - 560009. - 4 -
NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MALANDUR DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B M ROAD, HASSAN - 573201
4. THE DEPUTY COMMISSIONER O/A DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU-577101
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, R3 AND R4;
SRI. H.V. DEVARAJU, ADV. FOR R2 )
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE NOTIFICATION DTD 04.03.2024 BEARING NO. ಸಂೆ :ಾಇಂ( ) / ಬೃಾ / ಸ.ಾ..ಇಂ( ) - 2 / / 2023-24 / 3541-547 IN
CONSIDERATION OF OBJECTIONS DATED 26.12.2024 (ANNX-D AND E) AND ETC. - 5 -
NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
IN WP NO. 7478/2025
BETWEEN:
1. K PANISH KUMAR AGED ABOUT 62 YEARS S/O LATE K LAXMIPATHI BHAT R/A. NO.301, PRASHANTHI SAROVAR, BEML 3RD STAGE, NEAR RELIANCE SMART, RAJARAJESHWARI NAGAR, BENGALURU - 560 098 SENIOR CITIZEN BENEFIT NOT CLAIMED. 2. SMT. UMA AGED ABOUT 54 YEARS C/O SRI. RAJA P R/A. NO.731, 4TH E MAIN, 10TH CROSS WOC ROAD, NEAR MODI HOSPITAL, MAHALAKSHMIPURAM LAYOUT BENGALURU NORTH - 560 086
...PETITIONERS
(BY SRI. VIGNESHWAR S. SHASTRI, SR. COUNSEL. A/W SRI. SUDHINDRA MURTHY V., ADVOCATE)
AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF POWER SHAKTHI BHAVAN, BENGALURU - 560 001
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, 1ST FLOOR, KAVERI BHAVAN, KEMPEGOWDA RD, NEHRU NAGAR, GANDHI NAGAR, BENGALURU - 560009
3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MALANDUR DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B M ROAD, HASSAN- 573201
4. THE DEPUTY COMMISSIONER O/A DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU-577101
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, R3 AND R4;
SRI. H.V. DEVARAJU, ADV. FOR R2 )
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE NOTIFICATION DTD 04.03.2024 BEARING NO. ಸಂೆ :ಾಇಂ( ) / ಬೃಾ / ಸ.ಾ..ಇಂ( ) - 2 / / 2023-24 / 3541-547 ISSUED BY RESPONDENT NO.3 IN CONSIDERATION OF OBJECTIONS FILED BY THE PETITIONER DTD 26.12.2024 (ANNX-D AND E) AND ETC. - 7 -
NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
IN WP NO. 8262/2025
BETWEEN:
T M RASTRITH AGED ABOUT 38 YEARS S/O T. D. MALLESH R/A AGALAGANDI ESTATE, THALIHALLI GRAMA, VASTARE HOBLI, CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT - 577 101
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SR. COUNSEL A/W SRI. SUDHINDRA MURTHY V., ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF POWER SHAKTHI BHAVAN, BENGALURU - 560 001. 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, 1ST FLOOR, KAVERI BHAVAN, KEMPEGOWDA RD. NEHRU NAGAR, GANDHI NAGAR, BENGALURU - 560009.
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MALANDUR DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B M ROAD, HASSAN - 573201
4. THE DEPUTY COMMISSIONER O/A DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU-577101
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, R3 AND R4;
SRI. H.V. DEVARAJU, ADV. FOR R2 )
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DTD. 04.03.2024 BEARING NO. KA.NI.IO(V)/BRU.KA.VI/BELLARI/2023-24/3136 IN
CONSIDERATION OF OBJECTIONS FILED BY THE PETITIONER DTD. 26.12.2024 (ANNX-D AND E) AND ETC.
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
IN WP NO. 8669/2025
BETWEEN:
A N NATARAJ AGED ABOUT 67 YEARS S/O LATE A L. NANJUNDAPPA R/A ANOOR POST, VASTARE HOBLI CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT SENIOR CITIZEN BENIFIT NOT CLAMED
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SR. COUNSEL A/W SRI. SUDHINDRA MURTHY V., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY DEPARTMENT OF POWER SHAKTHI BHAVAN, BENGALURU - 560 001
2.
KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR.
1ST FLOOR, KAVERI BHAVAN, KEMPEGOWDA RD, NEHRU NAGAR, GANDHI NAGAR, BENGALURU - 560 009
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
3.
THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MALANDUR DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B M ROAD, HASSAN - 573201
4.
THE DEPUTY COMMISSIONER O/A. DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU - 577 101
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, R3 AND R4;
SRI. H.V. DEVARAJU, ADV. FOR R2 )
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTIFICATION DATED 04
03. 2024 BEARING NO KA. NI.LO.(V)/BRU KA VI./BELLARI/2023 24/3136 IN
CONSIDERATION OF OBJECTIONS DATED 26.12.2024 (ANNEXURE- D AND E) AND ETC.
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
IN WP NO. 8899/2025
BETWEEN:
H T PRAMOD AGED ABOUT 63 YEARS S/O H D THIPPEGOWDA R/A ANOOR POST, ANUR CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT-577101 SENIOR CITIZEN BENEFIT NOT CLAIMED
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SR. COUNSEL A/W SRI. SUDHINDRA MURTHY V., ADVOCATE)
AND:
1.
STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF POWER SHAKTHI BHAVAN, BENGALURU - 560 001
2.
KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, 1ST FLOOR, KAVERI BHAVAN, KEMPEGOWDA RD, NEHRU NAGAR, GANDHI NAGAR, BENGALURU - 560009
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
3.
THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MALANDUR DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B M ROAD, HASSAN - 573201
4.
THE DEPUTY COMMISSIONER O/A DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU-577101
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, R3 AND R4;
SRI. H.V. DEVARAJU, ADV. FOR R2 )
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE NOTIFICATION DATED 04.03.2024 BEARING NO. KA.NI.LO.(V)/BRU.KA. VI./BELLARI/2023-24/3136 IN
CONSIDERATION OF OBJECTIONS DATED
26.
12.2024.
(ANNEXURE- D AND E) AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners in all these cases are landowners, who are now at the doors of this Court calling in question a notification dated 04.03.2024 and have sought a consequential direction by issuance of a writ in the nature of mandamus directing the respondents to consider the objections filed before the Deputy Commissioner on 26.12.2024.
2. Heard the learned Senior counsel Sri.Vigneshwar S. Shastri, along with the learned counsel Sri.Sughindra Murthy V., appearing for the petitioner/s, the learned Additional Government Advocate Sri.Mohammed Jaffar Shah, appearing for respondent Nos.1, 3 and 4 and the
learned counsel Sri.H.V.Devaraju, appearing for respondent No.2.
3. The petitioners are owners of the property whose right of way is now being taken away by the respondents for drawing up of power lines. All these petitioners are before the
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
Deputy Commissioner for having filed the objections for
consideration of their cases. It is the case of the petitioners that the petitioners are all residents of Chikkamagaluru District and a paper publication is issued in Shivamogga District and the petitioners’ lands, which are in Chikkamagaluru District are now become the subject matter of drawing up of lines and the right of way being taken away.
4. The learned counsel Sri.H.V. Devaraju would submit that all these objections are now taken before the Deputy Commissioner and Deputy Commissioner is seized of the matter.
5. In that light, I deem it appropriate to permit these petitioners to pursue the proceedings before the Deputy Commissioner by filing additional statement of objections, if necessary. It is needless to observe that the Deputy Commissioner would consider all the objections/additional objections that are to be filed before him and pass necessary orders, in accordance with law.
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NC: 2025:KHC:14147 WP No. 7733 of 2025 C/W WP No. 7370 of 2025 WP No. 7478 of 2025 AND 3 OTHERS
6. The learned Senior counsel submits that the impact on the environment due to drawing up of these lines also should be assessed by the Deputy Commissioner. It is again needless to observe that the Deputy Commissioner would after interaction or securing a report from the hands of the Forest Department would pass necessary orders, in accordance with law.
7. With the aforesaid observations, the petitions stand
disposed.
Till the Deputy Commissioner would decide the proceedings pending before him, no coercive steps will be taken against these petitioners qua their property.
Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
KG List No.: 1 Sl No.: 17