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2025 DAILYLAW 25925 (KAR)

K B CHANDREGOWDA v. STATE OF KARNATAKA

WP/15884/2025 · 2025-06-27

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22603 WP No. 15884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 15884 OF 2025 (GM-KEB) BETWEEN: K.B.CHANDREGOWDA AGED ABOUT 60 YEARS, S/O BHAIREGOWDA, R/A KODUVALLI, ANOOR, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT-577 101. …PETITIONER (BY SRI. SWAROOP.S., 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 ROAD, NEHRU NAGAR, GANDHI NAGAR, BENGALURU-560 009. 3. THE EXECUTIVE ENGINEER, THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, MALANDUR DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B.M.ROAD, HASSAN-573 201. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22603 WP No. 15884 of 2025 4. THE DEPUTY COMMISSIONER, O/A: DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU-577 101. …RESPONDENTS (BY SRI. RAJAKUMAR.M., AGA FOR R1 & 4; SRI. H.V.DEVARAJU., ADVOCATE FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Swaroop.S., counsel for the petitioner, Sri.Rajakumar.M., AGA for respondents 1 and 4 and Sri.H.V.Devaraju., counsel for respondents 2 and 3 have appeared in person. 2. Though the petition is listed today for preliminary hearing, with consent of counsel for the respective parties, it is heard. 3. The captioned Writ Petition is filed seeking following reliefs: (1) Issue a Writ of Certiorari to quash the Notification dated 04.03.2024 in consideration of - 3 - HC-KAR NC: 2025:KHC:22603 WP No. 15884 of 2025 objections dated 31.01.2025 vide Annexures-E and F. (2) Issue a Writ of Mandamus directing the respondents to consider the objections dated 31.01.2025 vide Annexure-F. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 5. Suffice it to note that the KPTCL issued a Notification for laying cables of 66/11 KV from Aldur to Malandur, sub-division, covering the distance of 21.680 kilometers. The petitioner has grievance for laying the cables in his land. Hence, he made representation and put forth his grievance. The petitioner contended that the representation is not considered as of today and hence, he is seeking an appropriate relief. The representation made by the petitioner is furnished along with the Writ Petition and the same is marked as Annexure-F. The District Magistrate is hereby directed to treat the representation as Obstruction application one under - 4 - HC-KAR NC: 2025:KHC:22603 WP No. 15884 of 2025 Section 16(1) of the Indian Telegraph Act, 1885 and consider the same in accordance with the law. It is made clear that till the consideration of the obstruction application, the KPTCL shall not precipitate the matter in respect of the land of the petitioner. 6. With the above observation, the Writ Petition is disposed of. This Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 3