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2025 DAILYLAW 31684 (KAR)

SRI KRISHNE GOWDA K T v. STATE OF KARNATAKA

WP/23161/2024 · 2025-06-24

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:21917 WP No. 23161 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 23161 OF 2024 (GM-KEB) BETWEEN: 1. SRI. KRISHNE GOWDA.K.T. S/O. LATE. THIMME GOWDA, AGED ABOUT 65 YEARS, R/AT. KATHARAGHATTA VILLAGE, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571 426. 2. SMT. NAGARATHNA, W/O. KRISHNA GOWDA. K.T., AGED ABOUT 55 YEARS, R/AT. KATHARAGHATTA VILLAGE, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571 426. 3. SMT. SHILPA, D/O. KRISHNE GOWDA. K.T., SISTER OF LATE. SHIVA KUMAR, AGED ABOUT 33 YEARS, R/AT. KATHARAGHATTA VILLAGE, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571 426. …PETITIONERS (BY SRI. DEEPAK.M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, ENERGY DEPARTMENT, ROOM NO. 225, 2ND FLOOR, VIKASA SOUDHA, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21917 WP No. 23161 of 2024 DR. B.R. AMBEDKAR STREET, BENGALURU-560 001. 2. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (CESCOM), (A GOVERNMENT OF KARNATAKA UNDERTAKING) O AND M CIRCLE, CESC, MANDYA-571 401. 3. PANCHAYATH DEVELOPMENT OFFICER. SRI. WAHIDA AKHTAR, S/O. NOT KNOWN TO THE PETITIONER, AGE:- NOT KNOWN TO THE PETITIONER, HARIHARAPURA GRAMA PANCHAYATH, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571 605. 4. WATER MAN SRI. PREM KUMAR, S/O. NOT KNOWN TO THE PETITIONER, AGE:- NOT KNOWN TO THE PETITIONER, KATHARAGHATTA VILLAGE, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571 426. 5. ASSISTANT EXECUTIVE ENGINEER, SRI. FAZIL AHAMMAD, S/O. NOT KNOWN TO THE PETITIONER, AGE:- NOT KNOWN TO THE PETITIONER CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (CESCOM), O AND M CIRCLE, CESC, K.R.PET TALUK, MANDYA-571 401. 6. SMT. NIKITHA, W/O. LATE. SHIVA KUMAR, AGED ABOUT 22 YEARS, R/AT. SAKSHIBEEDU VILLAGE, AKKI HEBBAL HOBLI, - 3 - HC-KAR NC: 2025:KHC:21917 WP No. 23161 of 2024 K.R. PETE TALUK, MANDYA DISTRICT-571 605. …RESPONDENTS (BY SRI. MANJUNATH.B.AGA., ADVOCATE FOR R1; SRI. H.V.DEVARAJU., ADVOCATE FOR R2 & 5; R3-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Deepak.M., counsel for the petitioners, Sri.Manjunath.B., AGA for respondent No.1 and Sri.H.V.Devaraju., counsel for respondents 2 and 5 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents 1 to 5 to jointly and severally pay compensation of Rs.50,00,000/- (Rupees Fifty Lakhs only) along with 18% interest to the petitioners and respondent No.6 for the death of Shiva Kumar and a Mandamus directing respondents 1 to 5 to ensure the proper maintenance and safety of all electrical infrastructure under their jurisdiction to prevent such incidents in the future. - 4 - HC-KAR NC: 2025:KHC:21917 WP No. 23161 of 2024 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioners contend that they are the legal representatives of deceased one Mr.Shiva Kumar, who appears to have died because of the electrocution. Hence, they are seeking compensation in a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only). The contentions and the reliefs sought by the petitioners depicts that there are disputed question of facts and the same cannot be adjudicated under Articles 226 and 227 of the Constitution of India. The law is well settled that the disputed questions of fact cannot be investigated under Article 226 of the Constitution of India. The petitioners may take recourse under the law for seeking appropriate relief before the appropriate Forum, if so advised. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 27